Florida Lemon Law & Consumer Protection Attorneys

When you purchase or lease a new vehicle, you are not just buying a machine; you are investing in a promise of reliability and safety backed by a manufacturer’s warranty. Unfortunately, many consumers find themselves trapped with a “lemon,” which is a vehicle with persistent, unfixable defects that compromise its use, value, or safety.

At FGC Attorneys, we concentrate our practice on navigating the intricate landscape of the Florida Motor Vehicle Warranty Enforcement Act, commonly known as the Lemon Law. Our firm provides sophisticated legal representation for consumers who have been let down by major automotive manufacturers. We handle the heavy lifting from the initial defect notification to formal arbitration and trial, ensuring that you are not bullied by corporate legal teams.

In Florida, the protection offered by the Lemon Law is robust but time-sensitive. The Lemon Law Rights Period is defined as the first 24 months following the date of the original delivery of the motor vehicle to the consumer.

To seek a remedy under this statute, the issues must be reported to the manufacturer or its authorized service agent (the dealer) within this window. Even if the repair attempts extend beyond 24 months, the legal foundation must be laid during this critical period.

A vehicle qualifies if it has a nonconformity, meaning a defect or condition that substantially impairs its use, value, or safety, that the manufacturer has failed to repair after a “reasonable number of attempts.”

Florida law presumes a reasonable number of attempts have been made if:

• The Three-Attempt Rule: The same nonconformity has been subject to repair three times by the manufacturer or its agent, and the problem persists.
• The 15-Day Rule: The vehicle is out of service by reason of repair for one or more nonconformities for a cumulative total of 15 or more repair days.

If a vehicle meets the statutory criteria to be declared a “lemon,” Florida law mandates that the manufacturer must offer the consumer one of two remedies: a replacement vehicle of comparable value, or a refund (a “buyback”). The refund generally includes the full purchase price or total lease payments, along with collateral charges (like sales tax and title fees) and incidental charges (like towing and rental car expenses). When calculating a refund, the manufacturer is entitled to a “Reasonable Allowance for Use,” which is a statutory offset for the mileage driven up to the date of the arbitration or settlement.

After the “reasonable number of attempts” (the Three-Attempt Rule or the 15-Day Rule) has been met, the law requires the consumer to provide the manufacturer with one final chance to fix the vehicle. This is done through a mandatory Motor Vehicle Defect Notification, which must be sent via registered mail directly to the manufacturer. This written notice triggers a final 10-day repair period during which the manufacturer is required to make one last repair attempt. Correctly managing this notification is a critical statutory step required to establish a successful claim.

The Florida Lemon Law applies primarily to new vehicles, including purchased and leased cars, SUVs, and trucks, intended for personal or family use. It also covers “demonstrator” vehicles. While the law covers the chassis and drivetrain of Recreational Vehicles (RVs), it specifically excludes the RV’s “living facilities,” as well as off-road vehicles and mopeds. Generally, the law covers the first owner, but coverage may extend to subsequent owners if the vehicle is still within the first 24 months of its original delivery. 

If a vehicle meets the statutory criteria to be declared a “lemon,” Florida law mandates that the manufacturer must offer the consumer one of two remedies: a replacement vehicle of comparable value, or a refund (a “buyback”). The refund generally includes the full purchase price or total lease payments, along with collateral charges (like sales tax and title fees) and incidental charges (like towing and rental car expenses). When calculating a refund, the manufacturer is entitled to a “Reasonable Allowance for Use,” which is a statutory offset for the mileage driven up to the date of the arbitration or settlement.

Manufacturer’s warranties are contracts, and like any contract, they are subject to dispute. FGC Attorneys applies rigorous litigation standards to ensure consumer rights are upheld.

1. Documentation and Audit: We conduct a forensic review of your repair orders to translate vague dealership language like “could not duplicate” into actionable legal evidence.

2. Statutory Written Notification: We manage the mandatory Motor Vehicle Defect Notification sent via registered mail, which triggers the final 10-day repair period required by law.

3. Arbitration and the New Motor Vehicle Arbitration Board: We prepare you for the Florida Attorney General’s arbitration process, presenting technical evidence and expert testimony.

4. Maximizing Your Recovery: If your vehicle is declared a lemon, we fight to recover:

• Full purchase price or lease payments.
• Collateral charges (sales tax, registration, title fees).
• Incidental charges (towing, rental car expenses).

5. Attorney’s Fees: Under Florida law, the manufacturer is generally required to pay your legal fees if you prevail.

The journey of resolving a defective vehicle claim requires a disciplined procedural approach. By concentrating on the technical details of the Florida Motor Vehicle Warranty Enforcement Act, FGC Attorneys ensures that your investment is protected and that manufacturers are held accountable.