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60 Second Lemon Law Assessment™
60 Second Lemon Law Assessment™
When you’re up against a major car manufacturer, it’s easy to feel like the underdog. They have teams of lawyers, and you just have a car that won’t work right. But Florida law puts significant power back in your hands. You don’t have to accept an endless cycle of repairs for a brand-new vehicle. The state’s Lemon Law is a powerful consumer protection tool designed to hold carmakers accountable for the quality of their products. It ensures you can get a replacement or a full refund for a defective vehicle. Using this tool effectively starts with knowing the rules. The entire process hinges on meeting the specific lemon law florida requirements, which define what qualifies as a lemon and the exact steps you must take. This article will break down those rules in simple terms, empowering you to take control of the situation.
Dealing with a brand-new car that spends more time in the shop than on the road is a special kind of frustration. Fortunately, that’s exactly why the Florida Lemon Law exists. Think of it as a consumer protection law designed to help people who buy or lease new vehicles that turn out to have significant, unfixable defects.
The law officially refers to these issues as “nonconformities,” which is just a legal way of saying the problem substantially impairs the vehicle’s use, value, or safety. If the manufacturer or dealer can’t fix a serious warranty issue after a reasonable number of attempts, the law provides a path for you to get a replacement vehicle or a full refund. It ensures you don’t get stuck with a defective car and the financial burden that comes with it. The entire process is meant to hold manufacturers accountable for the quality of their products.
To see if your car is covered, you need to meet a few specific conditions. The defect must first be reported to the manufacturer or its authorized dealer within the “Lemon Law Rights Period,” which is the first 24 months after you take delivery of the vehicle.
From there, the law requires that the manufacturer has had a reasonable number of chances to fix the problem. This usually means one of two things: either the vehicle has undergone at least three repair attempts for the exact same issue, or it has been out of service for a total of 30 or more days due to any number of defects. If your situation fits these criteria, you may have a valid claim. You can find answers to more frequently asked lemon law questions if you need more clarity.
It’s just as important to know what the Florida Lemon Law does not cover. First, the law won’t apply if the problem was caused by an accident, abuse, neglect, or any modifications you made that weren’t authorized by the manufacturer. The defect must be the manufacturer’s responsibility.
The law also has specific exclusions for certain types of vehicles. It does not cover off-road vehicles, motorcycles, mopeds, or trucks with a gross vehicle weight over 10,000 pounds. Additionally, the living facilities of a recreational vehicle (like the plumbing or appliances) are not covered. Understanding these state-specific lemon laws is the first step in knowing your rights.
In Florida, the term “lemon” has a specific legal meaning. It isn’t just for any car with a few quirks or a minor annoyance. The Florida Lemon Law applies to new or demonstrator vehicles that have a significant defect the manufacturer can’t fix after a reasonable number of attempts. Think of it as a consumer protection law designed to help you when you’ve bought a brand-new vehicle that simply fails to live up to its warranty. If your car has a serious, recurring issue that substantially impacts its use, value, or safety, you might be dealing with a lemon.
This law provides a clear path for you to get a replacement vehicle or a full refund, ensuring you don’t get stuck with a defective product that spends more time in the shop than on the road. It’s about holding manufacturers accountable and making sure you get the safe, reliable vehicle you paid for. The key is that the problem must be a “nonconformity,” which is a legal term for a defect that doesn’t conform to the manufacturer’s express warranty. Understanding this definition is the first step in determining if you have a valid claim. The law sets out specific criteria for what constitutes a lemon, including the type of defect and the number of repair attempts, which we’ll cover next.
So, what makes a problem a “substantial defect”? In legal terms, this is often called a “nonconformity.” It’s a major issue that seriously harms your car’s use, value, or safety. This isn’t about a minor rattle or a cosmetic scratch. We’re talking about problems that make you question if you can rely on your vehicle for daily transportation or if it’s even safe to drive. Crucially, the defect must be covered by the manufacturer’s warranty. If the problem is significant and under warranty, it likely qualifies as a substantial defect under the law. It’s the kind of issue that would have made you think twice about buying the car if you had known about it beforehand.
While every case is unique, certain issues frequently appear in lemon law claims. These are often serious mechanical or electrical failures that persist despite multiple repair attempts. Common problems that may qualify your vehicle as a lemon include recurring engine trouble, transmission failures that cause jerking or slipping, significant electrical system malfunctions, and persistent steering or braking problems. These aren’t just inconveniences; they are fundamental failures that compromise the vehicle’s core function. If you’re facing these kinds of issues, you can see how other drivers have successfully handled similar situations by reviewing successful lemon law cases.
It’s just as important to understand what the Lemon Law doesn’t cover. The law is designed to protect you from manufacturing defects, not problems caused by outside factors. For example, issues that arise from an accident, neglect, or abuse of the vehicle won’t qualify. The same goes for any problems caused by unauthorized modifications or repairs you attempted yourself or had done at a non-certified shop. The defect must be the manufacturer’s fault. If you have more specific questions about your car’s issues and whether they might be covered, you can find many answers in these frequently asked lemon law questions.
Timing is everything when it comes to a lemon law claim. In Florida, you can’t wait forever to report the issues with your vehicle. The state has specific deadlines you need to meet to protect your rights. Think of it as a window of opportunity that starts the moment you drive your new car off the lot. Missing this window can unfortunately disqualify your claim before it even begins, so paying close attention to the calendar is one of the most important first steps you can take.
Understanding these timeframes helps ensure you have a valid case. Let’s walk through exactly what you need to know about the reporting period and how your car’s warranty plays a crucial role in the process.
The Florida Lemon Law gives you a clear deadline: you must report your vehicle’s problems to the manufacturer or an authorized dealership within the first 24 months of receiving the car. This period is officially called the “Lemon Law Rights Period.” It’s a critical timeframe because any issues reported after these first two years may not be eligible for protection under the law.
This doesn’t mean you have to file a full legal claim within that time, but you absolutely must have the defect on record with the manufacturer. Getting your car to the dealer and ensuring they document your complaint is the key. Acting quickly and decisively within this 24-month window is the best way to safeguard your rights.
For a problem to qualify under the lemon law, it must be a “nonconformity.” That’s just a legal term for a major defect that seriously impacts the car’s use, value, or safety. Think of issues with the engine, brakes, or transmission, not a loose piece of trim or a finicky radio knob. Crucially, this defect must be covered by the manufacturer’s warranty.
It’s also important to know what isn’t covered. The lemon law won’t apply to problems caused by an accident, neglect, abuse, or any unauthorized modifications you’ve made to the vehicle. The law is designed to protect you from defects that came from the factory, not issues that arise from how the car was treated after you bought it. These basic requirements are central to all lemon laws.
When your car spends more time at the dealership than in your driveway, you start to wonder how many repair trips are too many. Thankfully, the Florida Lemon Law doesn’t leave you guessing. It sets clear standards for what counts as a “reasonable number of repair attempts” before you can file a claim. This prevents you from being stuck in an endless cycle of repairs for a vehicle that just won’t get fixed.
The law looks at three main scenarios to determine if the manufacturer has had enough chances to address the problem. Your situation will likely fall into one of these categories: the same defect keeps coming back, your car has been out of service for an extended period, or the defect is a serious safety concern. Understanding which one applies to you is the first step toward holding the manufacturer accountable and getting the resolution you deserve.
Think of this as the classic “three strikes and you’re out” rule. If you’ve taken your vehicle to the dealership to fix the exact same problem three times and it’s still not resolved, you may have a lemon. This rule applies to those frustrating, persistent issues that never seem to go away, no matter what the technicians try.
Before you can officially declare “strike three,” you must send a formal written notice directly to the manufacturer (not just the dealer). This notice informs them of the ongoing problem and gives them one final opportunity to make things right. It’s a critical step in the process that many people miss.
Sometimes the issue isn’t one recurring problem but a series of different ones that keep your car in the shop. The Florida Lemon Law accounts for this, too. If your vehicle has been out of service for repairs for a cumulative total of 30 days or more, it may qualify as a lemon. These days don’t have to be consecutive; they just need to add up.
Just like with the three-strikes rule, you are required to give the manufacturer written notice and a final chance to fix the vehicle once you hit the 15-day mark. Keeping meticulous records of your repair orders is key here, as they provide the proof you need to build a strong case. You can find more answers to common questions on our Lemon Law FAQs page.
When a defect puts your safety at risk, the law doesn’t expect you to wait around. For problems that are likely to cause serious injury or even death, such as faulty brakes, steering failures, or airbag issues, the timeline is much shorter. In these severe cases, the manufacturer gets only one chance to fix the problem.
After the first failed repair attempt for a serious safety defect, you can send the formal written notice to the manufacturer for their final opportunity to repair it. If they fail, you can proceed with a lemon law claim. If you believe your vehicle has a dangerous defect, it’s best to contact us today! to discuss your situation immediately.
Think of yourself as the lead detective in your own case. When it comes to a lemon law claim, strong documentation is your most powerful tool. The more detailed and organized your records are, the clearer the picture you can paint of the issues you’ve faced with your vehicle. Manufacturers and arbitrators rely on this paper trail to verify your claim’s timeline and the severity of the defect. Before you can move forward, you need to gather all the evidence that proves your car is a lemon. This isn’t just about having a few receipts; it’s about building a comprehensive file that leaves no room for doubt. A well-documented case shows that you’ve done your part and that the vehicle’s problems are persistent and substantial. Taking the time to get organized now will make the entire process smoother and significantly strengthen your position.
Your collection of repair orders is the official story of your vehicle’s problems. Make it a rule to get a written repair order every single time your car goes to the dealership for a warranty issue, no matter how small it seems. Before you leave the service center, review the document to ensure it accurately describes the problem you reported. You should also keep a record of the dates you dropped off and picked up the vehicle, along with the odometer readings for each visit. These documents are the primary evidence used to prove you’ve met the requirements for a Florida Lemon Law claim, so store them together in a safe place.
While repair orders are official records, your personal log provides the day-to-day context. Keep a dedicated notebook or a digital file where you track every single issue. For each entry, note the date, the mileage, and a specific description of what happened. Did the engine make a strange noise? Did a warning light come on? Did the car fail to start? If it’s safe to do so, take photos or videos of the problem as it’s happening. This detailed log helps establish a pattern of defects and can fill in gaps that a repair order might not capture. It’s your personal testimony and can be incredibly valuable. You can find answers to more documentation questions in our Lemon Law FAQs.
This is a critical step you can’t skip. Before you can officially file a claim, you must give the manufacturer one final opportunity to fix the problem. To do this, you have to send a formal written notice directly to the manufacturer, not the dealership. The law requires you to send this letter via registered or express mail to ensure there’s proof of delivery. This notice officially informs the manufacturer of the ongoing defect and starts the clock on their last chance to make a repair. Failing to send this formal notice can jeopardize your entire claim, so it’s essential to handle it correctly. If you need help drafting this letter, you can always contact us today! for guidance.
Filing a claim under the Florida Lemon Law involves a specific sequence of events. Think of it as a checklist you need to complete to protect your rights and build a strong case. Each step is designed to give the manufacturer a fair chance to fix the problem while documenting your efforts. Following this process correctly is essential, as skipping a step could jeopardize your claim. Let’s walk through exactly what you need to do.
Your first official move is to let the manufacturer know about the defect in writing. This isn’t just a suggestion; it’s a requirement. Under the Florida Lemon Law, you must report the problem to the carmaker or their authorized dealer within the first 24 months of owning the vehicle. This period is known as the “Lemon Law Rights Period.” Sending a formal, written notice creates a paper trail and officially starts the clock. This ensures the manufacturer is aware of the issue and that you’ve met your legal obligation to inform them, which is a foundational part of a successful claim.
After you’ve notified the manufacturer, you must give them one last chance to fix the vehicle. This is a critical step in the process. The law gives the manufacturer a final opportunity to repair the defect after they have already tried and failed three times for the same issue, or if your car has been out of service for a total of 30 days or more. You must send them a written notice to inform them that you are giving them this final chance. This step demonstrates that you’ve done everything possible to resolve the issue before taking further action and is a prerequisite for moving forward.
If the manufacturer’s final repair attempt is unsuccessful, your next step is typically arbitration. This is a less formal process than going to court where a neutral third party hears both sides and makes a decision. The state of Florida has a certified arbitration program to help resolve these disputes. If the manufacturer doesn’t offer a fair refund or replacement after the final repair fails, you can initiate this process. This is often the point where having an experienced attorney is invaluable. If you’ve reached this stage, get in touch to ensure your case is presented effectively and your rights are fully protected.
If you’ve successfully proven your vehicle is a lemon, you might be wondering what comes next. The good news is that the Florida Lemon Law provides clear remedies designed to make you whole again. You aren’t stuck with a defective car. Instead, the manufacturer is required to provide a solution that gets you out of a bad situation. The law outlines a few potential outcomes, giving you a path forward after what has likely been a very frustrating experience. Seeing some of our firm’s past successes can give you an idea of what’s possible. The two main options are getting a replacement vehicle or receiving a full refund for your purchase, but you can also be compensated for other expenses. Let’s break down what each of these options involves.
One of the primary remedies under the law is receiving a replacement vehicle from the manufacturer. This isn’t just any other car; it’s a new vehicle that is comparable to your original one, but without the persistent defects. This option is ideal if you still like the make and model but were simply unlucky enough to get a lemon off the assembly line. The manufacturer is responsible for providing this new car, allowing you to essentially get a fresh start. It’s a straightforward way to resolve the issue and get you back on the road in a reliable vehicle, which was the goal when you made your initial purchase.
If you’d rather wash your hands of the vehicle and the manufacturer entirely, you can opt for a full refund. This means the manufacturer must buy back the car from you. You are entitled to receive the full purchase price back, which includes any down payment and the value of your trade-in vehicle. The law does allow the manufacturer to withhold a small amount for the mileage you put on the car. This option effectively cancels out the purchase, returning your money so you can find a different vehicle from a different brand if you choose. It offers a clean break from the entire ordeal.
Dealing with a lemon car often comes with extra expenses beyond the sticker price. Fortunately, the law recognizes this. In addition to a replacement or refund, you can be reimbursed for other reasonable costs you incurred because of the defective vehicle. This can include collateral charges like sales tax, title fees, and registration fees. You may also recover finance charges and the cost of any manufacturer-installed options. These incidental costs can add up, and getting them back is a key part of ensuring you are fully compensated for the trouble and financial burden the lemon has caused. If you have questions about what qualifies, you can always contact us today for help.
There’s a lot of misinformation floating around about your rights when you have a defective vehicle. It can be hard to know what’s true, and unfortunately, believing the wrong thing could prevent you from getting the compensation you’re entitled to. Let’s clear up a few of the most common myths about the Florida Lemon Law so you can move forward with confidence. Knowing the facts is the first step toward holding manufacturers accountable and getting back on the road safely.
This is one of the most persistent myths out there. Many people believe they only have 12 months from their purchase date to report a problem, but that’s not the case. The good news is that Florida law gives you a much longer window. The state’s Lemon Law rights period actually covers the first 24 months after the vehicle is delivered to the original owner. This two-year period gives you ample time to identify and report any substantial defects that may arise. So, if you’re dealing with a recurring issue in month 15 or 20, don’t assume you’ve run out of time. You may still be fully protected.
While any problem with a new car is frustrating, not every issue will legally qualify it as a lemon. The law requires the defect to be “substantial,” which means it must significantly impair the vehicle’s use, value, or safety. A minor rattle in the dashboard or a cosmetic flaw probably won’t meet this standard. However, serious problems like faulty brakes, a failing transmission, or persistent engine trouble almost certainly will. The key is whether the issue undermines your ability to depend on the car or makes it unsafe to drive. General Lemon Laws are designed to address these serious, non-conformities that the manufacturer has been unable to fix.
Many people assume that once a car has had a previous owner, it can’t be a lemon. This isn’t always true. While the Florida Lemon Law is primarily for new vehicles, a used car can sometimes qualify. Protection can extend to a second owner if the substantial defect first appeared and was reported to the manufacturer within the original 24-month Lemon Law rights period. For example, if you buy a one-year-old car and a major engine problem surfaces, you could still have a claim. Additionally, the Federal Lemon Law may offer protection for used cars that are still covered by the manufacturer’s written warranty, giving you another potential path to compensation.
While you can file a lemon law claim on your own, the process can quickly become confusing. Manufacturers have teams of lawyers dedicated to handling these cases, and they might try to deny or undervalue your claim. Knowing when to bring in a professional can make all the difference in getting the compensation you deserve. An experienced attorney can handle the paperwork, negotiate with the manufacturer, and represent you in arbitration, all while you focus on your life. If you find yourself in any of the following situations, it’s a good time to consider getting legal help.
Feeling overwhelmed by the rules and deadlines of the Florida Lemon Law? You’re not alone. The law has specific requirements for everything from written notices to the number of repair attempts. If you miss a step, your claim could be jeopardized. Even the Florida Department of Highway Safety and Motor Vehicles suggests that if you believe you are a victim of unfair practices, you should contact the Attorney General’s Office for information. An attorney can clarify your rights and make sure your claim is built on a solid foundation from the very beginning, ensuring every detail is handled correctly.
It’s discouraging when a manufacturer denies your claim or simply ignores you. But a denial is not the end of the road. Often, the next step is arbitration, a formal process to resolve the dispute. According to state guidance, “If the manufacturer doesn’t fix the problems after a reasonable number of tries and doesn’t offer a refund or replacement, you can go through arbitration.” Going into this process alone can be intimidating. A skilled lemon law attorney is used to these tactics and can effectively argue your case, presenting the evidence needed to prove your vehicle is a lemon.
Many people hesitate to call a lawyer because they worry about the cost. Here’s the good news: Florida’s Lemon Law was written to protect consumers, not to create financial burdens. The law includes a provision that requires the manufacturer to pay your attorney’s fees and legal costs if you win your case. This means you can get expert legal representation with no out-of-pocket fees. At Kahn & Associates, we handle cases on a no-recovery, no-fee basis. You have nothing to lose by getting a professional on your side. Contact us today for a free consultation.
What if I bought my car used? Can it still be a lemon? Yes, it’s possible. While the Florida Lemon Law primarily covers new vehicles, protection can extend to a used car if the defect was first reported within the original 24-month Lemon Law Rights Period. So, if you bought a one-year-old car and a major issue pops up, you may still have a claim. There is also a federal law that can provide protection for used vehicles that are still under the manufacturer’s original warranty.
Do I have to pay an attorney out of my own pocket? No, you don’t. The Florida Lemon Law was designed with consumers in mind. It includes a rule that requires the manufacturer to pay for your attorney’s fees and legal costs if you win your case. We handle cases on a no-recovery, no-fee basis, which means you face no financial risk. You can get expert legal help without any upfront or out-of-pocket expenses.
What if the dealer says the problem is fixed, but I don’t trust it? This is a common situation. A successful repair means the problem is gone for good, not just temporarily patched up. If you have a history of the same issue recurring after a supposed fix, you may still have a valid claim. It’s important to document every repair attempt and any time the problem returns. An attorney can help you challenge the manufacturer if they claim a resolution that isn’t permanent.
How long does the whole lemon law process take? The timeline for a lemon law case can vary quite a bit depending on the details of your situation. Some cases resolve relatively quickly through negotiation in just a few months. Others that proceed to arbitration or require more extensive back-and-forth with the manufacturer can take longer. The key is to start the process as soon as you suspect you have a lemon to avoid any delays.
Can I just trade in the car and forget about it? While trading in a troublesome car might seem like an easy way out, it often means taking a significant financial loss. The dealership will likely offer you a lower trade-in value because of the vehicle’s history of defects. Pursuing a lemon law claim is a much better path, as it can lead to a full refund or a new replacement vehicle, making you financially whole again.
Have questions about your lemon law case? Our FAQ section is here to provide clear, concise answers to the most common concerns. Take a look below to find the information you need, and if you still have questions, don’t hesitate to contact us for further assistance!
The so-called “Lemon Law” is a State law which is defines when a manufacturer has breached its written warranty and what the victim is entitled to for such a breach of warranty. Additionally, there are various other warranty laws (or Lemon Laws) in each State and on the Federal level which can be used to recover money for consumers who do not meet the strict definitions contained in their State’s Lemon Law. In most states, the State Lemon Law provides for a Full Refund or a Replacement Vehicle (less a reasonable allowance for use) and Attorney’s Fees and Costs if the consumer prevails. This is a general answer and all states differ so you should make sure to consult the laws for your particular state before taking further action.
According to Wikipedia, in the 1800s, people started using the word ‘lemon’ to describe people who were sour (or unfriendly). In American English the word was first recorded in 1909 in the slang sense of “worthless thing”. Over time, ‘lemon’ came to refer to anything that was defective or broken or which breaks constantly, particularly a car. However, in an effort to further define such a broad term, the Lemon Law attempts to define certain situations which entitle consumers to their money back or a new vehicle. In a nutshell, any defect or nonconformity, or combination of defects, which is/are not repaired within a reasonable number of attempts or a reasonable amount of time, may entitle you to Lemon Law relief. Your vehicle does NOT have to be breaking down to be considered a lemon. In short, if you are aggravated enough to be reading this you may have a lemon. This is a general answer and all states differ so you should make sure to consult the laws for your particular state before taking further action.
Almost any type of passenger vehicle is covered by the Lemon Law. This means that Cars, Trucks, Vans, Motorcycles and many other types of motor vehicles are usually covered under the Lemon Law. For Boats, ATVs, RVs and items that may not covered by the strict definitions of the State Lemon Law, other State and Federal Lemon Laws are available which do cover these products. This is a general answer and all states differ so you should make sure to consult the laws for your particular state before taking further action.
The ultimate relief in a Lemon Law Case is your money back or a new car. This is known as a “buy back” or a “repurchase.” Many State’s Lemon Laws provides for a Full Refund or a Replacement Vehicle (less a reasonable allowance for use) and mandatory Attorney’s Fees and Costs if the consumer prevails. When that occurs, the defective vehicle is returned to the manufacturer. This is usually done by returning it locally to one of their authorized dealers. This is a general answer and all states differ so you should make sure to consult the laws for your particular state before taking further action.
Should we agree to represent you, your case will be handled on a contingency basis, whereby our office will not get paid unless you get paid. You will not have to come out-of-pocket to pay our fee! Furthermore, Kahn & Associates, L.L.C. may advance all usual and reasonable costs as a part of our representation on certain cases.
Kahn & Associates, L.L.C. represents thousands of consumers every year with defective vehicles. As with most cases, over 97% of these cases settle to the satisfaction of both parties. Remember, the manufacturer would rather pay less now than risk paying a much larger amount to you, your attorney and their attorneys later.
To see if you qualify, fill out the form below or call us at 1-888-536-6671 – No Office Visit Needed!
I had a great experience with Kahn & Associates! They made the process of dealing with an extremely frustrating lemon situation painless. They have very quick response times and everyone I dealt with was very friendly and helpful. Would definitely recommend!
Kahn and Associates did an awesome job with our lemon law case! We were getting nowhere with VW Customer Service and decided to hire an attorney who specialized with lemon law cases. We couldn’t be happier with the outcome. We were able to get a full refund on our lemon VW Atlas.
What a great experience! I was on the fence about hiring an attorney for my ongoing automotive issues and continued frustration with the manufacturer. It was a very simple process and I am very grateful Kahn and Associates for helping get me a settlement!
Real Honest attorneys!!! They are the real deal! I went back and forth with them and they explained to me every step and my rights under the law! I give them 5 stars because I won!!! Yes and my check is coming to me much sooner than I thought! I was stuck ! I own a brand new car and the dealer was giving me a hard time !
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Attorney Craig A. Kahn, who has more than 20 years of legal experience in lemon law.
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Stuck with a defective car in Ohio? State Lemon Laws protect you. Get a refund, replacement, or cash settlement. Learn your rights today!
Florida Lemon Laws cover new and used vehicles. If your car’s a lemon, you deserve compensation. Let us help you fight for justice!
Michigan’s Lemon Law protects you from faulty vehicles. Don’t settle for endless repairs—claim your refund or replacement now.
North Carolina Lemon Laws ensure defective vehicles are replaced or refunded. Know your rights and take action today!
Pennsylvania Lemon Law covers new cars with repeated issues. Get the compensation you deserve. Click to learn more!
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