FLORIDA LEMON LAW VS. MAGNUSON-MOSS WARRANTY ACT — WHICH PROTECTS YOU BEST?
If you’ve bought or leased a new vehicle that just won’t stay fixed, you may have more rights than the dealer or manufacturer wants you to know. Two powerful laws can help — but knowing which one applies can make all the difference.
The Florida Lemon Law
Florida’s Motor Vehicle Warranty Enforcement Act (commonly called the Lemon Law) protects new vehicle buyers and lessees who experience substantial defects within the first 24 months after delivery.
If your vehicle has a serious issue that the manufacturer or dealer can’t fix after a reasonable number of attempts, or it’s been out of service for 30+ days, you may qualify for a repurchase or replacement under the state’s Lemon Law.
However, this law:
• Applies only to new or demonstrator vehicles, not used ones
• Has strict deadlines and procedural requirements
• Requires you to go through a state-run arbitration process before filing suit
• You probably will not recoup your legal fees nor out of pocket costs
• If there is a buyback, you may have to pay or make some compensation back to the manufacturer for use or mileage that you put on while driving their car
The Magnuson-Moss Warranty Act
The federal Magnuson-Moss Warranty Act protects consumers nationwide — not just in Florida. It covers any product with a written warranty, including new and used vehicles, certified pre-owned cars, boats, RVs, and even consumer electronics.
Under Magnuson-Moss:
• You can sue for breach of warranty if the manufacturer fails to repair defects after a reasonable number of attempts
• You can recover money damages, attorney’s fees, and possibly diminished value of the vehicle
• It’s not limited by time or mileage the same way that the Lemon Law is written.
In short, Florida’s Lemon Law is narrow but powerful, while Magnuson-Moss is broader and more flexible. Many Florida consumers who don’t qualify under the Lemon Law still have strong claims under the federal warranty act.
Don’t Let the Dealer Dodge Their Responsibility
If your vehicle is still under warranty but keeps breaking down, you don’t have to just “live with it.” We can help you decide whether to proceed under the Florida Lemon Law, Magnuson-Moss Warranty Act, or both.
