Complete guide to pursuing Lemon Law claims under Florida Statutes Section 681, including the Florida New Motor Vehicle Arbitration Board process, 24-month/24,000 mile coverage, and manufacturer obligations.
📝
Flat Fee Letter
$450
Professional demand letter drafted by attorney
⏱
Hourly Rate
$240/hr
Complex cases & litigation preparation
💰
Contingency Fee
33-40%
No recovery, no fee for qualifying cases
🚗 Florida Lemon Law Overview (F.S. 681)
Florida's Motor Vehicle Warranty Enforcement Act (F.S. Chapter 681) provides strong protections for consumers who purchase or lease new vehicles with substantial defects. Known as the "Lemon Law," this statute requires manufacturers to repurchase or replace vehicles that cannot be repaired after reasonable repair attempts.
📚 Key Florida Lemon Law Statutes
Understanding these provisions is essential for pursuing your claim:
F.S. 681.102 - Definitions
Defines "motor vehicle," "nonconformity," "manufacturer," "Lemon Law rights period," and other key terms. Critical for determining if your vehicle and defect qualify.
F.S. 681.104 - Consumer's Remedies
Establishes the right to refund or replacement, describes the manufacturer's offset calculation for use, and provides for attorney fee recovery by the prevailing consumer.
F.S. 681.108 - Arbitration Procedures
Requires consumers to use the Florida New Motor Vehicle Arbitration Board before filing a civil lawsuit. Describes the arbitration process and appeal rights.
F.S. 681.112 - Dispute Settlement Procedures
Allows manufacturers to establish certified pre-arbitration dispute resolution programs. Consumer must use manufacturer's program if certified by the Attorney General.
The Lemon Law Rights Period
Florida's Lemon Law provides protection during the "Lemon Law Rights Period" which is defined as:
24 months from the date of original delivery to the consumer, OR
The first 24,000 miles of operation
Whichever occurs FIRST
⚠ Critical Deadline Alert
You must report any defect to the manufacturer or authorized dealer before your Lemon Law rights period expires. Additionally, you must file your arbitration request within 60 days after your rights period ends. Missing these deadlines can permanently forfeit your Lemon Law rights.
Vehicles Covered
✅
Covered Vehicles:
New or demonstrator cars, trucks, vans, SUVs, motorcycles purchased or leased in Florida
✅
Purchase Location:
Must be purchased or leased in Florida from a licensed dealer
❌
NOT Covered:
Used vehicles, off-road vehicles, living facilities of recreational vehicles, boats, vehicles over 10,000 lbs GVWR
💡 Florida Attorney General's Office
The Florida Attorney General administers the Lemon Law arbitration program. Visit myfloridalegal.com/lemonlaw or call (850) 414-3990 for program information, forms, and to check on certified manufacturer dispute programs.
🔎 Does Your Vehicle Qualify as a Lemon?
Florida law creates a "presumption" that your vehicle is a lemon if certain conditions are met. The manufacturer can rebut this presumption, but the burden shifts to them once you establish these criteria.
🍋 Florida Lemon Law Presumption Test
Your vehicle is presumed to be a lemon if ANY of these apply:
Test 1: Three Repair Attempts
The same nonconformity has been subject to repair 3 or more times by the manufacturer, its agents, or authorized dealers, and the nonconformity continues to exist.
Test 2: 15 Days Out of Service
The motor vehicle has been out of service by reason of repair of one or more nonconformities for a cumulative total of 15 or more days, exclusive of days for recall repairs.
Test 3: Serious Safety Defect
A nonconformity that results in a condition that is likely to cause death or serious bodily injury if the vehicle is driven continues to exist after 1 or more repair attempts.
📄 What is a "Nonconformity"?
Under F.S. 681.102(15), a "nonconformity" means a defect or condition that:
Substantially impairs the use, value, or safety of the motor vehicle
Does NOT result from an accident, abuse, neglect, or unauthorized modification
Is covered by the manufacturer's warranty
Common Qualifying Defects
⚙
Transmission Problems
Slipping, rough shifting, failure to engage, complete failure
🌡
Engine Issues
Stalling, overheating, excessive oil consumption, loss of power
Water Leaks
Roof, door, window, or trunk leaks causing interior damage or mold
Defects That Usually DON'T Qualify
❌ Non-Qualifying Issues
Minor cosmetic defects (paint chips, small scratches)
Normal wear and tear items (brakes pads, tires, wiper blades)
Issues caused by accidents or owner abuse/neglect
Problems from unauthorized modifications
Recall-related repairs (unless they fail to fix the issue)
Annoyances that don't substantially impair use, value, or safety
📝 Document Everything
Keep copies of all repair orders, receipts, and correspondence. Note dates, mileage at each visit, description of the problem reported, and what work was performed. This documentation is essential for proving your case at arbitration.
⚖ Florida New Motor Vehicle Arbitration Board
Before filing a civil lawsuit, Florida requires consumers to submit their Lemon Law claims to the state-run arbitration program. This is a mandatory prerequisite to court action.
📅 Arbitration Timeline
The arbitration process follows a structured timeline designed for quick resolution:
Step 1: Check for Manufacturer's Program
Before filing with the state, check if your manufacturer has a certified dispute program. If so, you must use it first. Contact the AG's office to verify certification status.
Step 2: File Request for Arbitration
Complete the "Request for Arbitration" form available from the Attorney General's office. Include copies of all repair orders and other documentation. Filing is FREE.
Step 3: Manufacturer Response (15 Days)
The manufacturer must respond within 15 days of receiving notice of your filing. They may agree to your requested relief or contest the claim.
Step 4: Hearing Scheduled (40 Days)
The hearing must be held within 40 days of filing your request. You'll receive notice of the date, time, and location (usually near your residence).
Step 5: Arbitration Hearing
Present your case to the arbitration board. You can bring witnesses, an attorney, and all documentation. The manufacturer will also present their defense.
Step 6: Decision (60 Days from Filing)
The board must render a decision within 60 days of your filing. If you win, the manufacturer has 40 days to comply with the award.
✅ Binding on Manufacturer Only
The arbitration decision is binding on the manufacturer but not on you. If you're unhappy with the result, you can still file a civil lawsuit within 30 days of the decision. However, if you accept the award, you cannot later sue for additional damages.
How to File for Arbitration
1
Get the Forms
Download from myfloridalegal.com/lemonlaw or call (850) 414-3990
2
Complete Request Form
Provide vehicle info, describe defects, detail repair history, state requested relief
3
Attach Documentation
Include ALL repair orders, purchase/lease agreement, warranty booklet, correspondence
4
Submit by Mail or Email
Office of the Attorney General, Lemon Law Arbitration, PL-01, The Capitol, Tallahassee, FL 32399-1050
📞 Contact Information
Florida Attorney General - Lemon Law Unit
Phone: (850) 414-3990
Toll-Free: 1-800-321-5366 (Florida only)
Website: myfloridalegal.com/lemonlaw
Email: lemonlaw@myfloridalegal.com
What to Bring to Your Hearing
Original or copies of all repair orders (chronological order)
Purchase/lease agreement and all financing documents
Warranty booklet and any extended warranty documents
All correspondence with dealer and manufacturer
Photos or videos of the defect (if applicable)
Written timeline of events
List of expenses incurred (towing, rentals, etc.)
Any witnesses who can testify to the problems
💰 Remedies Under Florida's Lemon Law
If you prevail in your Lemon Law claim, you're entitled to either a refund or a replacement vehicle, at your election.
💲 Option 1: Full Refund
If you choose a refund, the manufacturer must repay:
Full purchase/lease price of the vehicle
All collateral charges: sales tax, tag/registration fees, title fees, dealer charges
Incidental damages: towing, rental cars, lodging if stranded
Finance charges incurred during ownership
💲 Reasonable Use Offset
The manufacturer MAY deduct a "reasonable allowance for use" based on miles driven before the first repair attempt. The formula is:
Offset = (Purchase Price x Miles Before First Repair) / 120,000
Example: $30,000 vehicle with 2,000 miles before first repair = $500 offset
🚗 Option 2: Replacement Vehicle
Instead of a refund, you can request a comparable replacement vehicle that is:
Acceptable to the consumer
Accompanied by all warranties applicable to a new vehicle
Of equal or greater value (you pay any difference)
The manufacturer may also deduct the reasonable use offset from any amount owed to you.
Sample Refund Calculation
Florida Lemon Law Refund Example
VEHICLE PURCHASE INFORMATION:
Purchase Price: $35,000.00
Sales Tax (7%): $2,450.00
Tag & Registration: $450.00
Title Fee: $78.00
Dealer Document Fee: $995.00
-----------------------------------------------
Total Purchase Cost: $38,973.00
COLLATERAL CHARGES:
Finance Charges (prorated): $1,200.00
Extended Warranty (prorated): $850.00
GAP Insurance (prorated): $275.00
-----------------------------------------------
Total Collateral: $2,325.00
INCIDENTAL DAMAGES:
Rental Car (15 days @ $45): $675.00
Towing (2 incidents): $350.00
Lost Wages (documentation required): $400.00
-----------------------------------------------
Total Incidentals: $1,425.00
GROSS REFUND AMOUNT: $42,723.00
MANUFACTURER'S OFFSET:
Miles at First Repair Attempt: 3,500
Offset = ($35,000 x 3,500) / 120,000: $1,020.83
-----------------------------------------------
NET REFUND DUE: $41,702.17
Attorney Fees
⚖ Fee Shifting for Prevailing Consumers
Under F.S. 681.104(5), if you prevail in your Lemon Law case, the manufacturer must pay your reasonable attorney's fees and costs. This means most Lemon Law attorneys work on contingency - if you don't win, you don't pay. If you do win, the manufacturer pays your attorney directly.
What Happens After You Win
Day 1-7: Decision Issued
Arbitration board issues written decision. You receive copy by mail.
Day 1-30: Accept or Appeal
You have 30 days to accept the award or reject it and file a civil lawsuit.
Day 1-40: Manufacturer Compliance
Manufacturer has 40 days from decision to provide refund or replacement.
Return Vehicle
You must return the vehicle (with clear title if owned) upon receiving refund/replacement.
Title Branding
Manufacturer must brand title as "Manufacturer Buyback" before reselling.
📝 Florida Lemon Law Letter Templates
Use these templates to communicate with the manufacturer before and during the Lemon Law process.
Initial Demand Letter to Manufacturer
[Your Name]
[Your Address]
[City, FL ZIP]
[Your Phone]
[Your Email]
[Date]
VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
[Manufacturer Name]
Customer Relations / Lemon Law Department
[Manufacturer Address]
RE: DEMAND FOR REFUND/REPLACEMENT UNDER FLORIDA LEMON LAW
F.S. CHAPTER 681
Vehicle: [Year Make Model]
VIN: [VIN Number]
Purchase Date: [Date]
Current Mileage: [Mileage]
Dear Customer Relations:
This letter constitutes formal demand pursuant to Florida's Motor
Vehicle Warranty Enforcement Act, F.S. Chapter 681, for refund or
replacement of the above-referenced vehicle.
VEHICLE PURCHASE INFORMATION:
Dealer: [Dealer Name and Address]
Purchase Price: $[Amount]
Current Mileage: [Miles]
NONCONFORMITY DESCRIPTION:
[Describe the defect in detail - what happens, when it started,
how it affects use/value/safety of the vehicle]
REPAIR HISTORY:
1. [Date] - [Dealer] - [Miles] - [Problem Reported] - [Work Performed]
2. [Date] - [Dealer] - [Miles] - [Problem Reported] - [Work Performed]
3. [Date] - [Dealer] - [Miles] - [Problem Reported] - [Work Performed]
[Continue for all repair attempts]
Total Days Out of Service: [Number] days
LEMON LAW PRESUMPTION:
This vehicle meets the presumption of being a "lemon" under F.S.
681.104(3) because: [Check applicable]
[ ] The same nonconformity has been subject to 3+ repair attempts
[ ] The vehicle has been out of service 15+ cumulative days
[ ] A serious safety defect remains after 1+ repair attempt
DEMAND:
I demand that [Manufacturer] provide either:
1. A full refund of all amounts paid, including purchase price,
taxes, fees, collateral charges, and incidental damages, OR
2. A comparable replacement vehicle of my choice
Please respond within fifteen (15) days with your proposed
resolution. If this matter is not resolved satisfactorily, I will
file for arbitration with the Florida Attorney General's Lemon
Law Arbitration Program.
Sincerely,
[Your Signature]
[Your Printed Name]
Enclosures: Copies of all repair orders
Letter Requesting Final Repair Attempt
[Your Name]
[Your Address]
[City, FL ZIP]
[Date]
VIA CERTIFIED MAIL AND EMAIL
[Dealer Service Manager]
[Dealer Name]
[Dealer Address]
CC: [Manufacturer Customer Relations]
[Manufacturer Address]
RE: FINAL REPAIR ATTEMPT - LEMON LAW NOTICE
[Year Make Model] - VIN: [VIN Number]
Dear Service Manager:
I am bringing my vehicle in for what I consider to be the FINAL
repair attempt for the following ongoing defect:
DEFECT DESCRIPTION:
[Detailed description of the problem]
PRIOR REPAIR ATTEMPTS FOR THIS DEFECT:
1. [Date] - RO#[Number] - [Description of repair attempt]
2. [Date] - RO#[Number] - [Description of repair attempt]
[Continue as needed]
This is the [3rd/4th/etc.] attempt to repair this same defect.
Under Florida's Lemon Law (F.S. 681), a vehicle is presumed to
be a "lemon" if the same nonconformity exists after three or
more repair attempts.
I am requesting that:
1. This repair attempt be properly documented
2. The vehicle be road-tested to verify repair
3. I receive a copy of the repair order upon completion
4. If not repaired, a written explanation of why
If this repair attempt does not resolve the defect, I intend to
pursue my rights under Florida's Lemon Law, including filing for
arbitration with the Florida Attorney General.
Please contact me at [phone] to schedule this repair.
Sincerely,
[Your Signature]
[Your Printed Name]
Post-Arbitration Collection Letter (if manufacturer fails to pay)
[Your Name or Attorney Name]
[Address]
[Date]
VIA CERTIFIED MAIL AND OVERNIGHT DELIVERY
[Manufacturer Legal Department]
[Address]
RE: FAILURE TO COMPLY WITH ARBITRATION AWARD
Consumer: [Your Name]
Case No.: [Arbitration Case Number]
Vehicle: [Year Make Model] - VIN: [VIN]
Award Date: [Date]
Compliance Deadline: [Date - 40 days after award]
Dear [Legal Department]:
On [Award Date], the Florida New Motor Vehicle Arbitration Board
issued a decision in favor of [Consumer Name], ordering
[Manufacturer] to [describe award - refund/replacement].
Pursuant to F.S. 681.1096(3), the manufacturer was required to
comply with the award within 40 days. The compliance deadline was
[Date], and [Manufacturer] has failed to comply.
CONSEQUENCES OF NON-COMPLIANCE:
Under F.S. 681.1096(5), a manufacturer who fails to comply with
an arbitration award is liable for:
- A civil penalty of up to $1,000 per day
- Double the amount of the award
- Reasonable attorney fees and costs
DEMAND FOR IMMEDIATE COMPLIANCE:
[Manufacturer] must immediately comply with the arbitration
award by providing [refund in the amount of $X / replacement
vehicle].
If compliance is not received within ten (10) days, [Consumer/
Attorney] will file a civil action to enforce the award and seek
all penalties, double damages, and attorney fees allowed by law.
This is your final opportunity to avoid additional liability.
Very truly yours,
[Signature]
[Name]
📝 Record Keeping Tips
For all letters: (1) Send via certified mail with return receipt requested; (2) Keep copies of everything you send; (3) Create a log noting date sent, date received (from receipt), and any response; (4) Follow up in writing if no response within 15 days.
⚖ Florida Lemon Law Attorney Services
While you can pursue a Lemon Law claim on your own, an experienced attorney can significantly improve your chances of success and maximize your recovery.
💼 Benefits of Hiring a Lemon Law Attorney
No Out-of-Pocket Cost - Manufacturer pays your attorney fees if you win
Expert Documentation - Ensure your case meets all legal requirements
Higher Settlements - Manufacturers often settle faster with attorney involvement
Arbitration Representation - Professional presentation of your case
Appeal Rights - Guidance on whether to accept or appeal decisions
Litigation Option - Pursue civil case if arbitration is unsuccessful
Fee Structures for Lemon Law Cases
Fee Type
Typical Arrangement
Notes
Contingency
33-40% OR manufacturer pays fees
Most common - no fee unless you win; if you win, manufacturer typically pays
Flat Fee
$450 - $2,500
For demand letters, documentation review, arbitration prep
Hourly
$240 - $400/hr
Complex cases, litigation, appeals
Hybrid
Reduced hourly + %
Balances risk and cost for uncertain cases
💰 Attorney Fee Recovery
Under F.S. 681.104(5), if you prevail in your Lemon Law case, the manufacturer must pay your reasonable attorney fees. This means most Lemon Law attorneys charge $0 upfront - if you win, the manufacturer pays their fees directly. This makes professional representation essentially "free" in winning cases.
Documentation
Organize repair orders, calculate damages, prepare exhibits
💬
Manufacturer Negotiation
Handle all communications, negotiate settlement offers
⚖
Arbitration Representation
Present your case, cross-examine manufacturer witnesses, argue law
📈
Appeal/Litigation
File civil lawsuit if arbitration unsuccessful, pursue full damages
💰
Collection
Ensure manufacturer compliance with award, pursue penalties if needed
Need Help With Your Florida Lemon Law Claim?
Our attorneys have extensive experience with Florida's Lemon Law and can evaluate your case at no cost. Remember - if we win, the manufacturer pays our fees.
Florida's Lemon Law (F.S. 681) covers new or demonstrator motor vehicles purchased or leased in Florida, including cars, trucks, vans, SUVs, and motorcycles, during the first 24 months after delivery or the first 24,000 miles, whichever comes first. The law does not cover used vehicles, off-road vehicles, boats, or vehicles over 10,000 pounds GVWR.
Under Florida's Lemon Law, a vehicle is presumed to be a lemon if: (1) the same defect has been subject to 3 or more repair attempts, or (2) the vehicle has been out of service for 15 or more cumulative days, or (3) a serious safety defect remains after 1 repair attempt. All repair attempts must occur within the 24-month/24,000-mile Lemon Law rights period.
The Florida New Motor Vehicle Arbitration Board is a state-run arbitration program that resolves Lemon Law disputes. Before filing a civil lawsuit, consumers must first submit their claim to the Board. The arbitration is free, decisions are binding on the manufacturer (but not the consumer), and hearings typically occur within 40 days of filing.
Yes. If your vehicle qualifies under Florida's Lemon Law, you can receive either a full refund or a replacement vehicle. The refund includes the full purchase price, all collateral charges (taxes, title, registration, dealer fees), and incidental damages. The manufacturer may deduct a reasonable allowance for use based on miles driven before the first repair attempt.
You must file your Lemon Law claim within 60 days after the earlier of: (1) expiration of the 24-month Lemon Law rights period, or (2) the mileage reaching 24,000 miles. Additionally, you must report any nonconformity to the manufacturer or dealer before the Lemon Law rights period expires. Missing these deadlines can forfeit your Lemon Law rights.
While not required, an attorney can significantly help your case. Under F.S. 681.104, if you prevail, the manufacturer must pay your reasonable attorney fees and costs. This means most Lemon Law attorneys work on contingency with no out-of-pocket costs to you. An attorney ensures proper documentation, meets all deadlines, and maximizes your recovery.