Buying a car—especially a used car—should be exciting, not crippling. But for the average Floridian, that shiny “new-to-you” car can become a costly nightmare in a matter of minutes when those hidden defects start to manifest. That’s where the Florida Lemon Law comes into effect—but here’s the twist: while this law was designed to protect buyers from defective vehicles, it actually only covers brand-new cars, so most used-vehicle buyers are left unsure just what their rights really are.
But all hope is not lost. If you are stuck with a lemon, there are major exceptions, protections, and other laws that still might be working in your favor, even for used vehicles.
Why is this important to you? Because this issue is anything but a one-off. Just consider what’s happening in California: in 2023 alone, the state saw 22,655 lemon law complaints filed, a staggering 52% increase over the previous year. And experts predict that the total will only go up in 2024. While Florida hasn’t yet reached those numbers, the trend of consumers seeking legal recourse for faulty vehicles is something no one can afford to overlook.
In this post, we will break down what the Florida Lemon Law is, why you’ll want to pay attention—even if you bought a used car—and what you can do if you think your vehicle is a lemon. Let’s make sure your car doesn’t drive off into the sunset in regret.
The Florida Lemon Law—more formally known as the Motor Vehicle Warranty Enforcement Act—is a protective law for consumers that helps buyers stuck with a faulty brand-new car that just won’t be fixed.
Essentially, the law’s purpose is to hold manufacturers accountable for selling faulty cars and give buyers a fair chance at repair, replacement, or refund when their new vehicle racks up more hours in the shop than on the road. It was intended to prevent consumers from being trapped in a cycle of endless repairs, ignored complaints, and escalating aggravation.
The law generally applies to new vehicles purchased or leased for family, household, or personal use in Florida. It applies to:
To be included, the defect must substantially affect the usage, value, or safety of the vehicle and occur within the first 24 months from the purchase or lease.
Although the Lemon Law is good protection, it doesn’t cover all types of cars or buying scenarios. The following isn’t included:
Short answer: Generally, no. The Florida Lemon Law was written specifically for new car buyers, and as such, the majority of used cars are not covered under this law. But as with all legislation, there are certain specific exceptions.
If you’ve purchased a used car that is still covered by the original manufacturer’s warranty and the car remains within the 24-month Lemon Law Rights Period (from the point at which the car was initially delivered to the initial owner), you may be entitled to protection under the Florida Lemon Law as a “subsequent owner.”
This comes into play especially for those purchasing a low-mileage or certified pre-owned (CPO) car that has not yet aged out of its manufacturer’s warranty period. For example, when you buy a 1-year-old used car with a 3-year manufacturer’s warranty, and something goes seriously wrong in that time frame, you still might have Lemon Law protections.
Florida statute has a provision for the “subsequent owner,” a person who buys a car within the Lemon Law Rights Period from the original owner. In case the vehicle still falls within the 24-month period and is still covered by the original factory warranty, the subsequent owner can become the shoes of the original owner under Lemon Law.
But there’s a catch:
If you’re a used car buyer in Florida and your vehicle is not eligible under the Florida Lemon Law, don’t fret—there are other alternatives to seek protection and help.
The Magnuson-Moss Warranty Act is a federal statute that contains important protections for used car buyers, especially those who purchase vehicles still under manufacturer warranty. While it does not provide the same kinds of protections as the Florida Lemon Law, it can nonetheless be an effective tool if something goes wrong with your used car purchase.
How It Helps Used Car Buyers
In Florida, buyers of used cars also enjoy added protections when buying from dealerships. These added protections ensure that there is fairness and transparency throughout the purchasing process.
When purchasing a used vehicle from a dealership in Florida, you are required to disclose significant details regarding the condition of the vehicle. This includes whether the vehicle is sold “As Is” or if there is any warranty coverage.
When the car is sold “As Is” by the dealer, this means you will have to incur repair costs after purchasing it. The dealer will not be liable for defects that show up post-purchase, so you should be aware of this before buying.
If the car is sold with a warranty, the dealer must clearly outline the terms of that warranty, including duration and what defects are covered. This offers you added protection if the car experiences issues post-purchase.
If you believe you’ve purchased a lemon, it’s important that you act with haste. Following is a short step-by-step guide to facilitate the process:
Observe the defect (e.g., engine malfunction, defective brakes) and document every repair try, bill, and communication with the dealer or manufacturer.
Write to the manufacturer or dealer and report the problem, enclosing all relevant documentation. Keep a copy of all you send.
Check into state-certified arbitration or manufacturer-funded schemes to settle the problem without court action. They are usually quicker and cheaper.
If Florida’s Lemon Law does not cover you, you can try filing under the Magnuson-Moss Warranty Act, which protects warranty violations for used vehicles that are still under warranty.
If the problem is not resolved, see a lemon law attorney to learn your rights and assist you in seeking compensation, a replacement, or a refund.
At Lemon My Vehicle, we’ve successfully resolved more than 3,915 lemon law cases across the country—and we’re here to assist you, too. If your vehicle is always in the repair shop, has repeated problems, or just isn’t running the way it should, you shouldn’t be on your own to handle it.
We operate on a no-win, no-fee basis, so there is absolutely nothing to lose. If you have a new or qualifying used vehicle, we’ll walk you through the law and battle to obtain for you the money back, exchange, or cash settlement that you’re entitled to.
1. Does the Florida Lemon Law apply to used cars?
Usually no, unless the used vehicle is still under the original manufacturer’s warranty and within 24 months of original purchase.
2. What should I do if I think I bought a lemon used car in Florida?
Write down each defect, check warranty status, notify the manufacturer or dealer, and pursue arbitration or legal help under federal laws.
3. What laws help used car buyers if Florida’s Lemon Law doesn’t apply?
The Magnuson-Moss Warranty Act gives protection in case your used car has a manufacturer’s warranty.
4. What does “As Is” mean when buying a used car in Florida?
“As Is” signifies that there is no warranty for the car. In case something develops a fault after purchasing, the buyer has to get it repaired.
5. Can I get a refund or replacement for a lemon used car in Florida?
Only if it is within warranty and meets the requirements of the Lemon Law, or pursuant to a successful claim under federal law, such as Magnuson-Moss.
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