Florida’s Lemon Law Rescues Owners of Defective Vehicles

The cost of new and used vehicles is rising steadily. Auto insurer AAA says the average manufacturer’s suggested price of a new car in 2023 was nearly $35,000, which is a 4.7 percent increase from the average price in 2022. That’s only the starting point when adding additional costs for options, delivery, and vehicle setup, which many auto dealerships add to their costs.

If you finance the purchase of a new or used car, that cost also is going up. Dealerships charged an average finance charge of $1,253 in 2023, which is a 90 percent increase in just one year, according to AAA. The cost of driving new vehicles also is rising, so they must run well to give car buyers the best value. 

Florida’s Lemon Law Protects New Car Buyers

Manufacturing quality is very high in the auto industry, but lemons still occur. Some vehicles have inherent design flaws or defective components that cause problems while driving. When the buyer of a new car experiences the same problem over and over despite efforts to fix it, the Florida lemon law might be the car owner’s last resort for relief. The lemon law gives Florida car owners an additional level of protection beyond standard manufacturer’s warranties.

Virtually all new cars come with a factory warranty that should fix any problems that might occur due to some sort of vehicle defect. If a problem occurs, the owner takes the vehicle to a dealership or an authorized repair facility to have it diagnosed and fixed. If it’s something the warranty covers, the facility can replace any defective parts or perform other fixes to remedy the situation at no cost to the owner. Unfortunately, such efforts don’t always fix the problems.

When the Lemon Law Applies

If you have a recurring problem with a new car, it might be a candidate for lemon law relief. The lemon law Florida new car buyers rely on for protection against defective vehicles doesn’t automatically apply. A vehicle must qualify before its owner can seek relief via the lemon law, which only is in effect for the first 24 months of ownership and is referred to as the “lemon law rights period.”

The lemon law specifically covers any conditions or defects that negatively affect the safety, use, or value of a new vehicle during the rights period. The owner has to report the problem to the manufacturer or its agent, which usually is a local dealership that sells and services the vehicle’s make and model. Once the problem is identified and the initial repair attempt is made, that should cure it, but that doesn’t always happen.

When the same problem occurs again and again despite efforts to fix it, you could file a claim for relief through the Florida lemon law. As long as you reported the initial problem during the 24-month rights period, the lemon law applies even if that initial rights period has expired. Your vehicle also might qualify for lemon law protection if it spends 30 or more days in the shop because of different problems.

Potential Lemon Law Resolutions

State law says car owners must make a reasonable number of attempts to have the problem fixed before filing a lemon law claim. The carmaker and its agents get two attempts to fix the problem before the vehicle qualifies as a lemon. If the problem persists or the vehicle spends 30 or more days in the shop, the manufacturer should replace the vehicle, refund the purchase price, or go to arbitration.