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Lemon law in Florida
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Motor Vehicle Warranty Enforcement Act, Fla. Stat. §§ 681.10-681.118. A new vehicle is presumed a lemon in Florida when, during the protection period, the same defect was repaired 3 or more times without a fix, or it was out of service for repairs 30 or more days in total. The protection period is 24 months after delivery, whichever comes first. Leased vehicles are covered. Used vehicles are covered only in some cases.
At a glance
| Protection period | 24 months |
|---|---|
| Repair attempts, same defect | 3 |
| Attempts, serious safety defect | Not set |
| Days out of service | 30 |
| Used vehicles | Some |
| Leased vehicles | Covered |
| State arbitration program | Yes |
| Time limit to file | Request state arbitration within 60 days after the 24-month rights period ends (or 30 days after a certified manufacturer program's final action, if later); sue within 1 year after the rights period ends or after the final arbitration action |
Who qualifies
Which vehicles
Off-road vehicles, vehicles that run only on tracks, trucks over 10,000 pounds gross vehicle weight, motorcycles, mopeds, electric bicycles, and the living areas of RVs are not covered.
“does not include vehicles run only upon tracks, off-road vehicles, trucks over 10,000 pounds gross vehicle weight, motorcycles, mopeds, electric bicycles, or the living facilities of recreational vehicles”
leg.state.fl.us
Repair attempts
The car is presumed a lemon if the same defect has been repaired at least three times, plus a final repair attempt by the manufacturer, and the defect still exists.
“The same nonconformity has been subject to repair at least three times by the manufacturer or its authorized service agent, plus a final attempt by the manufacturer to repair the motor vehicle”
leg.state.fl.us
Serious safety defects
The law does not say.
Days out of service
The car is also presumed a lemon if it is out of service for repair a total of 30 or more days (60 for an RV) during the rights period, not counting routine maintenance.
“for a cumulative total of 30 or more days, 60 or more days in the case of a recreational vehicle, exclusive of downtime for routine maintenance prescribed by the owner's manual”
leg.state.fl.us
Used vehicles
The law is for new vehicles, but a person who gets the vehicle for personal use during the 24-month rights period also counts as a consumer.
“any person to whom such motor vehicle is transferred for the same purposes during the duration of the Lemon Law rights period”
leg.state.fl.us
Leased vehicles
Yes. A lessee of a vehicle used mainly for personal, family, or household purposes counts as a consumer.
“"Consumer" means the purchaser, other than for purposes of resale, or the lessee, of a motor vehicle primarily used for personal, family, or household purposes”
leg.state.fl.us
Deadlines
Protection period
24 months after the original delivery of the vehicle. There is no mileage limit.
“"Lemon Law rights period" means the period ending 24 months after the date of the original delivery of a motor vehicle to a consumer.”
leg.state.fl.us
Time limit to file
You must request state arbitration no later than 60 days after the 24-month rights period ends, or within 30 days after a certified manufacturer program's final action, whichever is later.
“A consumer must request arbitration before the board with respect to a claim arising during the Lemon Law rights period no later than 60 days after the expiration of the Lemon Law rights period, or within 30 days after the final action of a certified procedure, whichever date occurs later.”
leg.state.fl.us
Steps
- Keep every repair order. Each visit to the dealer should give you a work order with the date, the mileage, what you reported and what they did. Ask for one every time, even when they find nothing. These papers are your case.
- Check the dates. 24 months after the original delivery of the vehicle. There is no mileage limit. You must request state arbitration no later than 60 days after the 24-month rights period ends, or within 30 days after a certified manufacturer program's final action, whichever is later.
- Tell the manufacturer in writing. The law asks for written notice. See written notice below.
- Use the dispute program if one is required. See arbitration below for whether you must go there before court.
- Ask for a refund or a replacement, or file. Send the letter, then file before the time limit if the manufacturer will not buy the vehicle back or replace it.
Written notice
Yes. After three repair attempts for the same defect, you must notify the manufacturer in writing by registered or express mail and give it a final chance to fix the car.
“After three attempts have been made to repair the same nonconformity, the consumer shall give written notification, by registered or express mail to the manufacturer, of the need to repair the nonconformity to allow the manufacturer a final attempt to cure the nonconformity.”
leg.state.fl.us
Arbitration
Yes. Before suing, you must submit the dispute to the Attorney General's office (Department of Legal Affairs), and to the state's Florida New Motor Vehicle Arbitration Board if it is found eligible.
“Before filing a civil action on a matter subject to s. 681.104, the consumer must first submit the dispute to the department, and to the board if such dispute is deemed eligible for arbitration.”
leg.state.fl.us
What you get
Within 40 days, the manufacturer must buy the car back and refund the full purchase price minus a reasonable offset for use, or replace it with a vehicle you accept after you pay the offset.
“the manufacturer, within 40 days, shall repurchase the motor vehicle and refund the full purchase price to the consumer, less a reasonable offset for use, or, in consideration of its receipt of payment from the consumer of a reasonable offset for use, replace the motor vehicle”
leg.state.fl.us
Do it yourself
You can bring a lemon law claim without a lawyer. It takes letters, records and patience. The usual route:
- Put your repair orders in date order and count the attempts and the days out of service.
- Send the manufacturer the letter below, by a tracked method, to the address in your owner's manual or warranty booklet.
- If it offers a final repair, let it try within the time the law gives it.
- If it refuses or does not answer, file with the manufacturer's dispute program or the state program (Florida Attorney General, Lemon Law Arbitration Program (Florida New Motor Vehicle Arbitration Board)), then court if you need to.
- Do not sell or trade in the vehicle while the claim is open.
Letter template for Florida
[Your name] [Your address] [Date] [Manufacturer name] [Address from your owner's manual or warranty booklet] Re: Lemon law claim, [year make model], VIN [VIN] I bought (or leased) this vehicle on [date] from [dealer], in Florida. It has a defect that the dealer has not been able to fix: [describe it in one or two sentences]. It has been in for repair of this defect [number] times, on [dates], and out of service for a total of [number] days. Copies of the repair orders are enclosed. Under Motor Vehicle Warranty Enforcement Act (Fla. Stat. §§ 681.10-681.118), I ask you to repurchase or replace the vehicle. Please reply in writing within 15 days. I can bring the vehicle in for a final repair attempt if the law gives you one. [Your name] [Phone and email]
What a buyback pays in Florida
The law asks for a reasonable allowance for your use without a fixed formula. Makers and courts often use the one several states write into law: the price times the miles driven before the first repair visit for the defect, divided by 120,000. For a $40,000 car with 6,000 miles at the first repair and 15,000 now, that is about $2,000.
Questions people ask about Florida's lemon law
How many repair attempts make a car a lemon in Florida?
The car is presumed a lemon if the same defect has been repaired at least three times, plus a final repair attempt by the manufacturer, and the defect still exists.
How many days in the shop make a car a lemon in Florida?
The car is also presumed a lemon if it is out of service for repair a total of 30 or more days (60 for an RV) during the rights period, not counting routine maintenance.
How long does Florida's lemon law cover a car?
24 months after the original delivery of the vehicle. There is no mileage limit.
Which vehicles does Florida's lemon law cover?
Off-road vehicles, vehicles that run only on tracks, trucks over 10,000 pounds gross vehicle weight, motorcycles, mopeds, electric bicycles, and the living areas of RVs are not covered.
Does Florida's lemon law cover used cars?
The law is for new vehicles, but a person who gets the vehicle for personal use during the 24-month rights period also counts as a consumer.
Does Florida's lemon law cover leased cars?
Yes. A lessee of a vehicle used mainly for personal, family, or household purposes counts as a consumer.
Do I have to tell the manufacturer in writing?
Yes. After three repair attempts for the same defect, you must notify the manufacturer in writing by registered or express mail and give it a final chance to fix the car.
Do I have to go to arbitration before court?
Yes. Before suing, you must submit the dispute to the Attorney General's office (Department of Legal Affairs), and to the state's Florida New Motor Vehicle Arbitration Board if it is found eligible.
How long do I have to file a lemon law claim in Florida?
You must request state arbitration no later than 60 days after the 24-month rights period ends, or within 30 days after a certified manufacturer program's final action, whichever is later.
What do I get if my car is a lemon in Florida?
Within 40 days, the manufacturer must buy the car back and refund the full purchase price minus a reasonable offset for use, or replace it with a vehicle you accept after you pay the offset.
How much is taken off a buyback for the miles I drove?
The law asks for a reasonable allowance for your use without a fixed formula. Makers and courts often use the one several states write into law: the price times the miles driven before the first repair visit for the defect, divided by 120,000. For a $40,000 car with 6,000 miles at the first repair and 15,000 now, that is about $2,000.
Who pays the lawyer in a Florida lemon law case?
Yes. If you win a lawsuit under this law, the court must award your losses, litigation costs, and reasonable attorney fees. In Florida, an owner who wins can make the maker pay the lawyer.
Can I keep driving my car during a lemon law claim?
Usually, yes. Keep it maintained and insured, and do not sell or trade it in while the claim is open: a buyback needs the car. If the defect makes it unsafe, stop driving it and tell the dealer and the maker in writing.
Do I need a lawyer for a lemon law claim?
No. You can bring a claim yourself. The steps and a letter template are on this page. A lawyer knows what makers offer in cases like yours and what the use deduction should be. In Florida, an owner who wins can make the maker pay the lawyer.
Find a Florida lemon law lawyer
Yes. If you win a lawsuit under this law, the court must award your losses, litigation costs, and reasonable attorney fees.
“The court shall award a consumer who prevails in such action the amount of any pecuniary loss, litigation costs, reasonable attorney's fees, and appropriate equitable relief.”
leg.state.fl.us
Because the manufacturer usually pays the lawyer's fees when you win, most lemon law lawyers charge you nothing up front. A lawyer also knows what the manufacturer offers in cases like yours and what the use deduction should be.
Send the free case check below and we find a lemon law firm that takes Florida cases like yours. The firm contacts you, and you decide whether to hire them.
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Who pays the lawyer? In Florida, an owner who wins can make the maker pay the lawyer.* * So most lemon law lawyers ask nothing up front. Some charge costs, or a share of a settlement: ask before you sign. You never pay us. More
Sources
- Fla. Stat. §§ 681.10-681.118, Motor Vehicle Warranty Enforcement Act
- Florida Attorney General, Lemon Law Arbitration Program (Florida New Motor Vehicle Arbitration Board)
- Magnuson-Moss Warranty Act, 15 U.S.C. § 2310, the federal warranty law that also lets owners recover attorney fees.
Each quote above is copied from the page it links to, checked 2026-10-26. If a page has moved, the citation still finds the law.