What Is the Lemon Law in Florida for Used Cars
Florida's Motor Vehicle Warranty Enforcement Act, commonly known as the Florida Lemon Law, applies exclusively to new motor vehicles and demonstrator vehicles purchased or leased in Florida. The law protects consumers when a vehicle exhibits defects that substantially impair its use, value, or safety during the Lemon Law rights period—defined as 24 months following the date of original delivery to the consumer. The Florida Attorney General's Office confirms that used vehicles do not qualify for protection under Florida's Lemon Law, regardless of age, mileage, or condition at the time of purchase.
What Protections Do Used Car Buyers Have in Florida?
While Florida's lemon law excludes used vehicles from coverage, federal legislation offers essential safeguards for consumers.
Magnuson-Moss Warranty Act
The Magnuson-Moss Warranty Act provides legal remedies when sellers or manufacturers breach warranty obligations on consumer products, including automobiles. This federal law permits consumers to seek relief for:
- Violations of express warranty commitments made by dealers or manufacturers
- Breaches of statutory implied warranty protections
- Failures to comply with service agreement terms
FTC Used Car Rule
The Federal Trade Commission's Used Car Rule mandates that dealers post a Buyer's Guide on each used vehicle before sale. The disclosure must specify:
- Whether warranty protection applies or the vehicle is sold without coverage
- Which systems and parts receive warranty protection
- The duration of any warranty offered
- What percentage of repair costs the dealer will pay
- Guidance on securing vehicle history reports and verifying recall status
Florida Warranty Disclosure Requirements
Florida law imposes specific obligations on dealers regarding warranty disclosures. Under Florida Statutes § 501.976, any disclaimer or modification of implied warranties must appear in writing, in a conspicuous manner, and expressed in clear, understandable language. Dealers cannot use technical jargon or legal terminology that obscures the meaning of warranty limitations from consumers.
Understanding "As Is" Sales in Florida
Florida law permits the sale of used vehicles "as is," transferring all post-sale repair responsibilities to the buyer. The Florida Attorney General advises that purchasing a vehicle "as is" means the buyer accepts the vehicle in its current condition and bears all costs for any problems that arise after the sale.
What "As Is" Means for Buyers
When you purchase a vehicle under an "as is" designation:
- The dealer bears no responsibility for post-sale repairs
- You accept full financial liability for all defects identified after delivery
- You cover the cost of mechanical, electrical, and structural issues that arise following purchase
- No warranty protection applies to vehicle condition or operation
Limited Dealer Disclosure Requirements
Florida law requires dealers selling vehicles "as is" to comply with Federal Trade Commission disclosure standards. Dealers must display the FTC Buyers Guide on each used vehicle and provide buyers with a copy before completing the sale as detailed above.
Dealers must disclose material facts about vehicle condition when those facts would influence a reasonable consumer's purchasing decision. Concealment of known defects or misrepresentation of vehicle history may constitute violations of Florida's Deceptive and Unfair Trade Practices Act.
Limited Exceptions to "As Is" Protection
Legal remedies may remain available despite the "as is" designation when dealers:
- Commit fraudulent acts in the sale or documentation of the transaction
- Make unauthorized modifications to contracts or related paperwork
- Fail to fulfill express warranty obligations stated in writing
Filing a Consumer Complaint
Florida consumers who experience disputes with used car dealers may file complaints with multiple state agencies. The Department of Highway Safety and Motor Vehicles investigates complaints related to dealer licensing, sales practices, and regulatory compliance.
Florida Department of Highway Safety and Motor Vehicles
Neil Kirkman Building, 2900 Apalachee Parkway, Room B-152, Tallahassee, FL 32399
Phone: (850) 617-2999
Official Website: Florida Department of Highway Safety and Motor Vehicles
Florida Attorney General's Office
Consumer Protection Division, The Capitol, PL-01, Tallahassee, FL 32399
Phone: (850) 414-3300
Official Website: Florida Attorney General's Office
