Your new car may qualify if, within 24 months of delivery, the same defect that substantially impairs its use, value or safety was repaired three or more times, or the car was out of service for 30 or more days, and the manufacturer then failed a final repair attempt after your written notice. Qualifying owners can get a refund or replacement under Chapter 681 of the Florida Statutes. This is general information, not legal advice.
Florida's lemon law is officially the Motor Vehicle Warranty Enforcement Act, Chapter 681 of the Florida Statutes. It gives buyers and lessees of new vehicles a path to a refund or replacement when the manufacturer cannot fix a serious warranty defect in a reasonable number of tries. The Florida Attorney General's office runs the state program and the Florida New Motor Vehicle Arbitration Board that hears cases.
The law is mostly about process. Owners who keep records and send the right notice at the right time are in a much stronger position than owners with the same defect and no paperwork. This page explains the steps in plain terms. It is general information, not legal advice, and a lemon law attorney or the Attorney General's Lemon Law program can answer questions about your specific case.
Symptoms
- The same problem keeps coming back after dealer repairs on a new car
- Your new car has spent weeks at the dealer in total during its first two years
- A defect affects safety, such as stalling, brake faults or airbag warnings
- The dealer says it cannot reproduce or fix a recurring problem
- You leased or bought the car new in Florida less than about two years ago
Likely causes and what they cost
1. Three repair attempts for the same defect
Repair attempts under warranty are free; certified mail a few dollarsUnder section 681.104, a reasonable number of attempts is presumed when the same nonconformity has been repaired three or more times during the rights period and still exists. The defect must substantially impair the car's use, value or safety, so a minor rattle usually does not count.
The fix: After the third attempt, send written notice to the manufacturer by registered or express mail. The manufacturer has 10 days to respond and direct you to a repair facility, then 10 days after you deliver the car to fix it.
2. 30 or more cumulative days out of service
Free to document; keep every repair orderA reasonable number of attempts is also presumed when the car has been out of service for warranty repairs for 30 or more total days during the rights period. Days do not have to be in a row, and routine maintenance does not count. Once you reach 15 days, the statute requires you to notify the manufacturer in writing.
The fix: Count days from your repair orders. At 15 days send written notice; if it reaches 30, you can pursue a claim after the manufacturer's final chance.
3. Claim falls outside the 24-month window
FreeThe Lemon Law rights period ends 24 months after the vehicle was first delivered to a consumer. The defect has to be first reported to the manufacturer or its dealer within that period. Problems that start in month 26 fall under ordinary warranty coverage, not the lemon law.
The fix: Report every defect to the dealer as soon as it appears and get a repair order even if the dealer cannot find a problem.
4. Manufacturer defenses: abuse, accident or modification
VariesA manufacturer can defend by showing the defect does not substantially impair the car, or that it came from an accident, abuse, neglect, or modifications by someone other than the manufacturer or its agent. Aftermarket lift kits, tunes and wiring add-ons often come up here.
The fix: Keep the car stock while a defect is being pursued, and keep maintenance receipts that show normal care.
5. Vehicle type not covered
FreeThe act covers new passenger vehicles and many leased and demonstrator vehicles sold in Florida, and recreational vehicles under separate rules. It excludes motorcycles, mopeds, off-road vehicles, trucks over 10,000 pounds gross weight, and the living quarters of RVs.
The fix: Check the definition of motor vehicle in section 681.102 before you start.
Costs are typical South Florida ranges for parts and labor, for budgeting only.
What you can check yourself
- 1Gather every repair order
Manufacturers must give you an itemized statement each time the car comes back from warranty work, including the problem you reported, the diagnosis, the work done, dates and odometer readings. Keep originals and photos of each.
- 2Count attempts and days
Build a simple table: date in, date out, complaint, what was done. Total the days out of service and the attempts for each separate defect.
- 3Find the notice address
Your warranty booklet or owner's manual must list the manufacturer's Florida zone or regional office. The dealer also had to give you a written statement of your lemon law rights at delivery.
- 4Send written notice the right way
Use registered or express mail, keep the receipt, and describe the defect and every repair attempt. The rights booklet includes a form for this. A text, call or email to the dealer does not count.
- 5Check whether the maker has a certified dispute program
Some manufacturers run a state-certified dispute settlement procedure. If yours does, Florida law requires you to use it first, before the state arbitration board.
- 6Mark your deadlines
Write down the date the 24-month period ends. A request for state arbitration is generally due within 60 days after that, or within 30 days after a certified procedure finishes, whichever is later.
When to take it to a shop
- You have hit three attempts or 15 days out of service and are unsure whether notice was sent correctly
- The manufacturer offers a cash-and-keep settlement or a trade assist and you want to compare it with a full refund
- The arbitration board decided against you and you are considering an appeal, which must go to circuit court within 30 days
- Your vehicle was used or bought outside Florida and you are unsure whether it is covered
- For any of these, contact the Florida Attorney General's Lemon Law program or a Florida attorney who handles lemon law cases
The Florida factor
Florida's process runs through the Department of Legal Affairs, which screens each request and sends eligible cases to the New Motor Vehicle Arbitration Board. Three-member panels hear the dispute within 40 days of approval and decide within 60. You generally must go through this state process before you can sue the manufacturer, and a board decision can be appealed to circuit court within 30 days.
A refund under Florida law covers the full purchase price, including collateral and incidental charges such as finance charges and fees, minus a reasonable offset for use. The statute's offset formula takes the miles driven up to the settlement or hearing, multiplies by the base selling price, and divides by 120,000. For a $45,000 car driven 15,000 miles, that offset is about $5,625. You also have an unconditional right to choose a refund instead of a replacement.
Heat-related failures are worth noting here. A new car whose A/C repeatedly stops cooling in a Boca Raton summer, or whose cooling fans or batteries keep failing, may meet the substantial-impairment standard because the car becomes hard to use in this climate. Document every visit, including the outside temperature and what the vent was blowing, since intermittent problems that the dealer cannot reproduce are the hardest to prove.
Notes for specific makes
- Tesla: Tesla sells directly rather than through franchised dealers, but its new vehicles sold in Florida are covered by Chapter 681 like any other. Service visits through the app still generate service records; download or request copies of each one for your file.
Diagnostics shops near Boca Raton
- Ferrari of Boca Raton6403 W Rogers Cir, Boca Raton, FL, 33487
- Tire Kingdom23193 Sandalfoot Plaza Drive, Boca Raton, FL, 33428
Frequently asked questions
Does the Florida lemon law cover used cars?
It is written for new vehicles. A later owner can still be covered if the car was transferred for personal or household use within the 24-month rights period counted from the first delivery, and section 681.115 extends the chapter's rights to subsequent transferees. Older used cars are generally not covered.
Does the law cover leased cars?
Yes. Leased vehicles are covered when the lessee is responsible for repairs. The refund is split between the lessee and the leasing company under section 681.104(2)(b).
Do I need a lawyer?
Not to file. Many owners go through the state process on their own. Florida's statute allows a consumer who wins a civil action to recover reasonable attorney's fees, which is why many lemon law attorneys take cases without an upfront fee.
How long does the manufacturer have to refund me?
Once the manufacturer cannot conform the car after a reasonable number of attempts and the final repair chance, section 681.104(2)(a) gives it 40 days to repurchase or replace the vehicle.
Is this page legal advice?
No. It summarizes Chapter 681 of the Florida Statutes in general terms. Laws change and every case has its own facts, so confirm details with the Attorney General's Lemon Law program or a Florida attorney.
Related guides
More on this job: Diagnostics in Boca Raton, costs and how to choose a shop
- Florida Statutes Chapter 681: Motor Vehicle Sales Warranties (Lemon Law)
- Florida Statutes 681.104: nonconformity, notice and refund rules
- Florida Statutes 681.103: duties of the manufacturer
General information, not a diagnosis. A car problem can have causes a guide cannot see, so have anything safety-related inspected in person. Read our editorial policy.