Florida's Motor Vehicle Warranty Enforcement Act — commonly called the Lemon Law — applies to new motor vehicles purchased or leased in Florida that have a substantial defect that cannot be repaired after a reasonable number of attempts. The statute provides for replacement of the vehicle or a refund of the purchase price. It does not apply to used vehicles.

For used vehicles, the primary statutory remedy is FDUTPA. If the dealer made misrepresentations about the vehicle's condition, concealed known defects, or engaged in other deceptive practices, FDUTPA provides a cause of action with attorney's fee shifting. This is often the most powerful tool available to used-car buyers.

The Magnuson-Moss Warranty Act is a federal law that applies when a dealer provides a written warranty on a used vehicle. If the dealer gave you a written warranty — even a limited one — and the vehicle fails to conform to that warranty, you have a federal claim for breach of warranty with attorney's fees. Many dealers provide limited warranties on certified pre-owned vehicles, and those warranties are covered by the Act.

Implied warranty claims are another option. Under Florida law, a sale of goods carries an implied warranty of merchantability — meaning the goods are fit for their ordinary purpose. For a vehicle, that means it should be drivable and reasonably safe. However, this implied warranty can be disclaimed by an as-is clause, which is why the fraud and FDUTPA analysis is often more important for used-car buyers.

The practical lesson for used-car buyers is this: the absence of a lemon law does not mean you are without recourse. If the dealer lied to you, concealed a defect, or gave you a warranty the vehicle does not meet, you have viable claims. The key is identifying the right legal theory for your specific facts, which is why consulting an experienced consumer law attorney is important.