A new pickup that goes back to the service bay every few weeks is a problem anywhere. In Homestead it can also mean a missed day at the nursery, a longer ride on the busway, or a car you can't count on before you ship out. Florida's lemon law may make the manufacturer buy it back or replace it. RockPoint Law handles lemon law and vehicle warranty claims as its core practice. We don't have an office in Homestead. Our Florida office is in Brickell, and a Florida claim is built on paper, so it can run from home.
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Sending this does not create an attorney-client relationship. A case evaluation is a first step, not legal representation.
If a defect survives the repair record the statute sets, the manufacturer owes a refund or a replacement you accept, and you decide which. Before anything else, read the weight label on the driver's door jamb: a truck rated over 10,000 pounds sits outside Chapter 681, though federal warranty law may still reach it.
The figures a Homestead claim turns on, starting with the two questions about the truck itself. Each one comes from Chapter 681, the Attorney General's guidance or the federal rule it names.
| Key figure | What it means | Where it comes from |
|---|---|---|
| 10,000 lbweight line for trucks | Trucks exceeding 10,000 pounds gross vehicle weight are outside Chapter 681, regardless of ownership. Heavy-duty and dually pickups can fall on either side, so start with the door-jamb label. | Section 681.102(14) |
| Primarilypersonal use | The buyer or lessee of a vehicle used primarily for personal, family or household purposes. A nursery pickup that also does the school run usually fits. The real mix of use matters more than any one trip. | Section 681.102(4) |
| 24 monthswith no mileage cap | Report the defect inside 24 months of delivery. A truck that racks up Turnpike miles every day is on the same calendar as one that rarely leaves the driveway. | Section 681.102(9) |
| 3 repairsand a final try | The same problem repaired three times, then a registered or express-mail letter to the manufacturer and its final attempt. | Section 681.104(1)(a), (3)(a) |
| 30 daysout of service | Days in the shop for repair, added up across defects. At 15, notify the manufacturer by registered or express mail. | Section 681.104(1)(b), (3)(b) |
| 60 daysafter month 24 | The latest date to request Board arbitration, or 30 days after a certified program's final action if that is later. A certified program, if your brand has one, has the same 60-day cutoff. | Section 681.109(4) |
| Nomilitary extension | Chapter 681 has none of its own. A federal rule can leave military service out of some filing periods, depending on the orders and the deadline, so report every problem in writing before you ship out. | 50 U.S.C. section 3936(a) |
| 120,000offset divisor | Base price times your miles to a settlement or hearing, divided by 120,000. Delivery miles and test drives by the dealer, the manufacturer's inspectors and the Board come off first. | Section 681.102(19) |
| 1 yearto sue | A lawsuit under the chapter has one year from the end of the rights period, or from the final action of the program, the Attorney General or the Board. | Section 681.112(2) |
Homestead drivers are covered by Chapter 681 of the Florida Statutes, the state's lemon law. It protects the buyer or lessee of a new or demonstrator vehicle sold in Florida and used mainly for personal, family or household purposes. Report a defect that substantially impairs use, value or safety within 24 months of delivery. If it survives three repairs and a final attempt by the manufacturer, or keeps the vehicle out of service for repair for 30 days in total, the manufacturer owes a refund or a replacement you accept. You decide which. Trucks over 10,000 pounds gross vehicle weight are outside the chapter.
A quick word on the name. Florida also uses "homestead" for the property-tax exemption and the protections that come with owning a home. None of that has anything to do with cars. Here, Homestead is the city at the south end of Miami-Dade County, and the law in question is Chapter 681, which applies the same way in every Florida city and bars counties and cities from writing their own versions.
Two parts of the chapter come up more often in a farming and commuting town than in most places. The first is who counts as a consumer, and whether a truck working a grove or a nursery still qualifies. The second is how the miles on a hard-driven vehicle affect what the manufacturer pays back. Both are covered below, with the statute beside each answer.
All of these run in calendar days, under section 681.102(5). Weekends and holidays count.
A worked example: a pickup delivered on 1 February 2025 has a rights period that closes on 1 February 2027. For a brand with no certified program, the Request for Arbitration has to reach the Attorney General no later than 2 April 2027. The Attorney General's filing-deadline note warns that missing these dates means losing your lemon law arbitration rights, and that mailing a defect notification form is only a step toward a claim, not the claim itself.
For the rest of the statute, see our Florida lemon law guide. For the Miami-Dade courts, see our Miami lemon law page. Terms you haven't met before are in the lemon law glossary.
The state sets the tests, and they read the same in Homestead as in Tallahassee. Before any of them, the problem has to be a nonconformitySection 681.102(15): a defect or condition that substantially impairs the use, value or safety of the vehicle. It excludes a defect or condition that results from an accident, abuse, neglect, modification or alteration by persons other than the manufacturer or its authorized service agent., and the vehicle has to be one the chapter covers. A work truck adds one more question: whether it is used mainly for personal, family or household purposes. After that, four tests decide the claim.
The same defect has been in for repair three times and hasn't gone away. You then write to the manufacturer, by registered or express mail, so it gets one last attempt. It has 10 days from receiving your letter to answer and offer a reasonably accessible repair facility, then 10 days from drop-off to fix the vehicle. If it misses either window, the final attempt is no longer required.
Add up the days the vehicle was out of service by reason of repair of one or more defects by the manufacturer or its dealer. Different problems can go into the same total. At 15 days, notify the manufacturer by registered or express mail, and it gets at least one more chance to inspect or repair. Reach 30 days inside the rights period and the law presumes it has had enough attempts. The state's Consumer Guide to the Florida Lemon Law counts any day the vehicle is left for examination or repair of a defect, weekends and holidays included. Routine maintenance days don't count.
Some manufacturers run a program the Attorney General has certified. If yours does, and you were told in writing at purchase how to use it, the claim goes there first. The current certified list is provisionally extended to 31 October 2026. Brands that are not on it go straight to the Attorney General and the state Board.
The Lemon Law rights periodSection 681.102(9): the period ending 24 months after the date of the original delivery of the vehicle to a consumer. Section 681.103(1) makes the manufacturer finish repairs on a problem first reported inside it, but says that does not extend the period or the time to file a claim. is 24 months from first delivery, and the odometer never cuts it short. A truck that logs 40,000 miles a year between Homestead and Miami gets the same two years as one parked at home. Report the problem inside that window, then file within 60 days after it closes.
Each test is proved with repair orders. Section 681.103(4) gives you a right to a fully itemized, legible order every time the vehicle comes back from a warranty examination or repair, showing any test drive and roughly how long it was, the diagnosis, the work and parts, your description of the problem, the odometer and date at drop-off, and the date the work was done. On a truck that sees rough roads or field work, ask the service writer to name the failed part and to record that there was no sign of impact or misuse. That line answers an argument before it is made.
Not sure which test your repair history fits? Send the orders and we'll go through them with you.
This is a self-check against the statutory test, not legal advice, and it does not create an attorney-client relationship.
The statute is the same everywhere in Florida. The vehicles and the lives around them are not. These are the questions that shape a claim here.
Section 681.102(14) leaves out trucks over 10,000 pounds gross vehicle weight. Read the weight label before anything else. Over the line, the claim may run on the warranty and federal law instead.
A consumer under section 681.102(4) buys or leases a vehicle primarily used for personal, family or household purposes. A family pickup that also hauls mulch on Saturdays usually fits. A truck that mostly works the operation may not.
Under the FTC's rule at 16 C.F.R. 700.1, automobiles used for both personal and business purposes are consumer products, so the Magnuson-Moss Warranty Act can reach a working pickup. Farm machinery, structures and implements used in the business of farming are not, where personal use of that kind of product is uncommon.
Chapter 681 has no military extension. The federal Servicemembers Civil Relief Act, at 50 U.S.C. section 3936(a), leaves a period of military service out of any period set by law for bringing an action or proceeding in a court or a state agency. How that fits a given lemon law date depends on the orders and the date, so treat every deadline as live and ask early.
Agriculture in Miami-Dade is concentrated around Homestead, and so are the pickups that serve it. When one of those trucks keeps failing, the manufacturer has three questions it can ask. Is it over the weight line? Is it used mainly for the business? Did hard use cause the fault? Each has an answer in the statute, and the answers don't all point the same way.
The weight line is a fixed number: over 10,000 pounds, Chapter 681 doesn't apply. The use question is a matter of degree, because the statute asks what the vehicle is primarily used for. The cause question comes from section 681.104(4), which lets a manufacturer defend on the ground that a fault came from an accident, abuse, neglect, or modifications by someone other than the manufacturer or its dealer. A lift kit, an aftermarket hitch or a bed-mounted tank fitted by an outside shop invites that argument, so keep the install receipts and the vehicle's rated capacities with your file.
When a vehicle falls outside Chapter 681, the Magnuson-Moss Warranty Act is the next place to look. It works from different definitions:
The 24-month rights period is a window for reporting a defect, not for filing a claim, and nothing in Chapter 681 lengthens it for military service. Section 681.103(1) says the manufacturer must keep repairing a problem you first reported inside the period, but that this does not extend the period or the time to file. So before orders take you away:
The Attorney General date-stamps a Request for Arbitration when it arrives, and that stamp is the filing date. Its instructions set out what follows:
The vehicle needs to visit the service department. You don't need to visit us. The first Request for Arbitration goes to the Attorney General by mail, or by email as a PDF, and the screening decision is made on the papers.
We collect the contract and repair orders, check each date and odometer reading, send the manufacturer's letter, file in the right forum and get you ready if a hearing is set. Your part is sending what you have.
Here are the five steps, in the order you'll hit them. If you'd rather go document by document, read how to file a lemon law claim.
Three questions come first. Was it sold new in Florida, or leased for a year or more with the repairs on you? Is it rated at 10,000 pounds or less? And is it used mainly for personal, family or household purposes? Section 681.102(14) also leaves out motorcycles, mopeds, off-road vehicles and the living areas of a motorhome. Once that's settled, find the delivery date on the contract, because that's the day the 24 months start.
Every time, ask for the itemized order at the counter, even on the visits where nothing got fixed. Look it over before you leave. It should show the odometer, both dates and any test drive, and the test drive matters because those miles come off your offset later on. Jot down when you dropped the vehicle off and when they told you it was ready. Was there a tow, or a rental? Keep that receipt as well, since reasonable costs the defect caused are incidental charges under section 681.102(7).
After the third repair of the same defect, or once the vehicle reaches 15 days out of service, send written notice to the manufacturer by registered or express mail. Section 681.103(2) requires it to print the address of its Florida zone, district or regional office in the warranty or owner's manual. There's also an optional defect notification form that the Attorney General publishes, if you'd like to use it. Whatever you send, keep the mail receipt with your file.
If your brand has a certified program, file there within 60 days after the rights period ends. If it hasn't decided within 40 days, or you don't accept the result, you can apply to the Attorney General for the Board. Brands without a program go straight to the Attorney General on a Request for Arbitration, under section 681.109(3). Send copies rather than originals, and hold on to a full set for yourself, because you'll want it at the hearing.
After approval, the Board has 40 days to hear the case and 60 to decide it, under section 681.1095(6). A panel of three hears it, witnesses testify under oath, and each side can question the other's. The Board can inspect the vehicle if a party asks or it sees a need. If you win, the manufacturer has 40 days from receiving the decision to comply, and either side has 30 days to appeal.
Claims from south Miami-Dade tend to trip on the same short list. Somebody doesn't check the weight rating until the hearing. The title's in the farm's name and there's no record of how the truck is really used. The letter goes out the week before a deployment and there's no one at home to take the manufacturer's reply. Or the offset gets worked from the full odometer, test-drive miles and all.
Can you run a claim yourself? Sure, and the Attorney General's Lemon Law staff will answer your questions. What a lawyer brings is a second set of eyes on the dates, the letter, the paper trail and the arithmetic. How a panel will rule on your facts, though, is something no one can tell you in advance.
Once a vehicle qualifies, section 681.104(2)(a) gives the manufacturer 40 days to either buy it back and refund the full purchase price, or replace it with a vehicle you accept. Either remedy includes the collateral and incidental charges you reasonably incurred. And the statute gives you an unconditional right to choose the refund. So if someone offers a replacement, that's just an offer.
Either way, you pay a charge for the miles you drove, and it's set by section 681.102(19):
Run a pickup with a $52,000 base price and 34,000 of your own miles through that, and the offset comes to about $14,733. That's roughly 43 cents a mile. It keeps climbing with every mile you drive until a settlement or the hearing, and a commute up the Turnpike and back piles those on fast, which is one good reason not to let a claim drift.
The same arithmetic can work in your favor, too. The Attorney General's remedy calculation guideline subtracts delivery miles and "other non-consumer mileage," including test drives by the dealer during repairs, by the manufacturer's inspectors and by the Board. Say those come to 650 miles on the example truck. That's about $282 back in your column, but only if each one shows up on a repair order.
A replacement comes with a cap of its own. Under section 681.102(21), its sticker price can't exceed 105 percent of the original's. What comes back on the refund side? Collateral charges such as sales tax, title charges, earned finance charges and dealer-installed items, and also incidental charges like the tows and rentals the defect caused. On a financed vehicle, the refund goes to you and the lender as your interests appear.
If you win a Chapter 681 lawsuit, section 681.112(1) requires the court to award reasonable attorney's fees, along with your losses and costs. RockPoint Law takes qualifying cases on contingency. As for what a case is worth, that depends on its own contract and repair history, and nobody can give you a number before reading both.
You get back the purchase price and collateral charges, less the offset for your miles, and you can choose it over a replacement
An identical or reasonably equivalent vehicle you accept, with a sticker no higher than 105 percent of the original's
A problem first reported inside the 24 months still has to be fixed after they end, under section 681.103(1)
The tow off the farm road, the rentals and other reasonable costs, plus tax, title and dealer-installed items
Awarded to a consumer who wins a Chapter 681 lawsuit, and when a manufacturer appeals a Board award and loses
Outcomes depend on the facts of each case, so no attorney can tell you in advance what yours will be.
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VolvoSection 681.102(14) covers a new vehicle sold in Florida, including demonstrators and qualifying leases, and then lists what it leaves out. Where Chapter 681 stops, the federal Magnuson-Moss Warranty Act may still apply to a written warranty. Choose a type.
Covered when bought or leased new in Florida and used mainly for personal, family or household purposes. Faults that come back after repair are the ones to log: transmissions that slip, electrical systems that drain the battery, driver-assist sensors that brake for nothing, air conditioning that quits. The test is substantial impairment of use, value or safety, not how irritating the fault is. See our practice areas.
The weight label decides this one. At 10,000 pounds gross vehicle weight or less, a diesel or a three-quarter-ton is covered like any car. Above it, Chapter 681 doesn't apply, and the claim may run on the written warranty and Magnuson-Moss. A derateThe engine computer deliberately cutting power, often over an emissions or diesel exhaust fluid fault. When it returns after a repair, it is a repeat defect. that returns after repair is a repeat defect. Read our diesel emissions lemon law guide.
Not covered by Chapter 681. The statute names motorcycles, mopeds, electric bicycles and off-road vehicles as exclusions. A bike with a written warranty and a defect that keeps returning may still support a federal claim. Farm machinery used in the business of farming falls outside Magnuson-Moss where personal use of it is uncommon, under 16 C.F.R. 700.1(b). Read our motorcycle lemon law guide.
Covered, through a separate program. Under section 681.1097, an RV owner applies to the RV Mediation and Arbitration Program within 60 days after the rights period ends, instead of going to the Board. The out-of-service threshold is 60 days, the final repair gets 45, and the offset divides by 60,000. The living quarters, including plumbing, generator and roof air, are excluded. Read our RV and motorhome lemon law guide.
Covered under the same terms as a gas vehicle. Battery, charging, drive-unit and software faults are the usual complaints, and a fault that comes back after an over-the-air update is still the same defect. Check the forum by brand: Tesla bought new on or after 1 November 2022 goes to NCDS first, and Ford, GM, Hyundai and Kia go to BBB Auto Line. Read our electric vehicle lemon law guide.
Real results from real clients who trusted
RockPoint Law with their lemon law claims.
I contacted RockPoint Law in July 2025 and by mid Jan 2026, I had received my settlement proceeds. A mid 5-figure loan was paid off and the manufacturer took possession of the vehicle. Not having that car payment and the mandatory full coverage freed up about $900/month. If you're on the fence about calling RockPoint Law, let it go. The relief you will feel when it all works out will be soooo worth it.
Read moreWas having nothing but issues with the DEF system in my Ram 3500. I didn't have high hopes because 3500 trucks are generally excluded from lemon law. The entire process from the time I contacted RockPoint Law to the time I received my settlement was under 6 months! Their response times were well above expectations.
Read moreMy Telluride's transmission would jerk so hard between gears that my coffee would spill. Dealer had it four times. When I called RockPoint Law, they asked the exact technical question I'd been researching for weeks. We got a buyback with reimbursement for my deductible and rental costs. They speak fluent mechanic before they speak lawyer.
Read moreTurbo failure on my EcoBoost F-150. Dealer replaced it once, then denied the second. Steven Nassi compared my case to known manufacturing defects for that engine. Other lawyers just saw 'engine trouble.' Steven built the argument around the known defect pattern. Secured a full refund.
Read moreOur minivan's sliding door would just stop working. Not a great feature with little kids. Tried to get it fixed under warranty three times. Final straw was when it almost closed on my son's arm. Leo was our attorney and got us a great outcome. They handled everything from start to finish.
Read moreMy family's cross-country road trip turned into a nightmare when our brand-new SUV broke down in three different states. Each dealership kept giving us the run-around. RockPoint Law tracked every failed repair, hotel receipt, and even our unused theme park tickets. They got us a full buyback plus $8,200 for the vacation that fell apart.
Read moreThe active suspension in my Ram 1500 started making a loud 'clunk' on every bump. Dealer replaced one part but the noise just moved to another corner. After the third repair, I was done. Natalie Nassi said, 'A repeated failure of a major chassis component is a clear impairment to value and use.' She didn't see a noise; she saw a failed system.
Read moreMy car is basically my mobile office. When the electrical system fried two laptops and killed my productivity, I reached out to RockPoint Law. Unlike the dealer who treated me as a nuisance, RockPoint Law saw how it impacted my ability to work. They secured a full refund on the vehicle plus $6,500 for lost income and equipment.
Read moreThe manufacturer told me I was out of luck. RockPoint Law told me otherwise — and proved it! Their lemon law experience turned my nightmare into a fair resolution. What impressed me most was their transparency — no false claims, just hard facts and harder work. Worth every penny and then some!
Read moreFrom the moment I walked into their office shaking with frustration, the team at RockPoint Law put me at ease. They listened patiently to my whole story, then laid out a clear game plan. Six weeks later, I was holding a check that made all those repair shop trips worth it. True professionals who deliver!
Read moreWe had two vans with the same transmission failure. RockPoint Law consolidated both claims, lined up build dates, and pushed for an extended coverage fix. Both vans were repaired, and we got downtime reimbursed.
Read moreThe hands-free liftgate on my SUV would randomly open in my garage, denting the door. I felt crazy complaining about a 'convenience feature.' Our attorney reframed it: 'An uncontrolled operation of a motorized component is a safety and property damage risk.' The team used my security camera footage as evidence. We got a solid settlement.
Read moreEvery lemon law claim comes down to dates, letters and repair orders. Down here there's often more to it: how much the truck weighs, whether it's used for work, or whether you'll be away on orders.
The same attorneys who handle claims nationwide handle them here. Two minutes on who we are and how we work.
Four points where a Homestead claim can go either way. Flip the switch to see each one on your own and with us.
A heavy-duty pickup can sit just over the 10,000-pound line. Filing with the Attorney General first and learning that at screening uses up weeks the warranty and federal routes could have used.
When a manufacturer says the truck belongs to the farm, owners often stop. The state test asks about primary use, and federal law can still cover an automobile used both ways.
The manufacturer's answer to your letter names the shop for its final repair attempt, which should follow within a reasonable time after you receive it. If that answer sits in a mailbox during a deployment or a training period, the appointment can slip by.
On a high-mileage commuter, the offset is the biggest number in the refund. Taking the manufacturer's figure without removing delivery and test-drive miles leaves money on its side of the table.
Before anything is filed, we check the label, the window sticker, and the build sheet, and choose the forum that fits the truck you actually own.
We look at how the vehicle is titled and driven against section 681.102(4), and at the Magnuson-Moss definitions, so a work label doesn't close a door that is still open.
We send the letter, keep the receipt, and have the manufacturer answer through us, so the final repair gets arranged even when you can't be reached.
We total the test-drive distance from every order, subtract the delivery miles, and rebuild the offset from the invoice's base price before comparing it with the manufacturer's number.
Homestead had 86,242 residents on the Census Bureau's 1 July 2025 estimate, up from 80,725 at the 2020 estimates base, living on about 15.1 square miles of land. It's about as far south as the mainland gets, with Everglades National Park's Homestead entrance off to the west and Biscayne National Park's visitor center on SW 328th Street to the east. Keep going south past Florida City and US-1 turns into the road to the Keys.
UF/IFAS Extension in Miami-Dade describes the county's ornamental plant production as concentrated in the Homestead area, with more than 2,400 nurseries registered with the Florida Department of Agriculture's plant industry division in 2024, and ranks the county first in the country for ornamental production. The county's own agriculture page adds winter fruit and vegetable production to that picture. Where all of this shows up in a lemon law claim is the vehicles. Think of a pickup that carries the family around on Sunday and a load of plants on Monday. Trucks like that are exactly the ones that raise the weight and personal-use questions we covered above.
Just outside the city limits, Homestead Air Reserve Base is home to the Air Force Reserve's 482nd Fighter Wing, which lists more than 1,700 personnel and says it provides F-16 aircraft, pilots and support personnel for short-notice worldwide deployment. If you're a reservist, a new vehicle with a repeat defect runs smack into a calendar that can change on short notice, and Chapter 681 doesn't pause for that. So put problems in writing, get the manufacturer's letter out on time, and talk to us about the federal tolling rule before you count on it.
Florida's Turnpike Extension, SR 821, runs north from Homestead, and the state has it under construction: widening from Campbell Drive (Exit 2) north to Tallahassee Road, expected to continue through mid-2028. The county's South Dade TransitWay runs 20 miles from the SW 344th Street Park-and-Ride to Dadeland South Metrorail. Between them they carry a lot of Homestead's daily trips to work, and every one of those miles feeds the offset.
Most local warranty work gets done along US-1, where franchised dealers for several brands line the road through Homestead. Under section 681.113, the selling dealer generally can't be made a defendant in a Chapter 681 case, unless it gave a written warranty of its own. Your claim is against the manufacturer. The dealer's job is simpler: hand you an accurate repair order, every single time.
Military families move mid-claim, and so do plenty of other people. When that happens, three provisions in the statute apply:
Homestead is in Miami-Dade County, which section 26.021 places in the Eleventh Judicial Circuit, so an appeal of a Board decision filed where you live goes there. For more on the county's courts and the arbitration office that handles its cases, see our Miami lemon law page.
We take claims from Homestead and the places around it, such as:
In another part of Miami-Dade? Our Miami page covers the whole county, and if you're elsewhere in Florida, begin with our Florida lemon law guide.
There's no RockPoint Law office in Homestead, and a Florida claim doesn't need one. Our Florida office is at 1221 Brickell Ave, Suite 900, Miami, which is about 26 miles away as the crow flies. To get going, use our online intake form. We review every request and respond as soon as we can, or you can call (516) 550-3323. If you like to read up first, the Attorney General's Lemon Law pages have the forms, the certified-program list and a searchable list of vehicles manufacturers have reported buying back.
Three results from RockPoint Law's published settlement record. They are firmwide results, not Homestead cases.
Recovery on a vehicle with engine, electrical and suspension defects.
Recovery on a Macan with suspension, drivetrain, electrical and HVAC problems.
Recovery after electrical, engine and suspension failures on an electric pickup.
These amounts come from across the firm and do not describe Homestead or Florida matters. Prior results do not guarantee or predict a similar outcome in any future case. See more RockPoint Law settlements →
I had a really good experience with RockPoint Law. The whole process was a lot easier than I expected and everyone I dealt with was helpful and responsive. Whenever I had a question, I was able to get an answer without feeling like I was chasing anyone down. They handled everything and kept me updated along the way. Definitely glad I reached out to them.
Saw RockPoint Law and wasn't sure. Called anyway because I was at my wit's end. Natalie Nassi answered and she remembered me from somewhere else. Same calm voice, same no-nonsense approach. She took my case and handled everything. Manufacturer bought the car back. Name on the door changed but Natalie didn't. That's what matters to me.
Saw RockPoint Law online and wasn't sure because I hadn't heard of them. But I was desperate. My car had been in and out of the shop for months. Called them up and the person I spoke with was so easy to talk to. No legal mumbo jumbo, just straight talk. They took my case and got me a buyback. New name but they know what they're doing. Would recommend.
Honestly wasn't sure about RockPoint Law since I hadn't heard of them before. But I was desperate. My car had been in the shop five times for the same problem and nobody could figure it out. Service advisor started avoiding my calls. I found RockPoint online, called, and the person I talked to was really down to earth. They took my repair orders and handled the whole thing. A few months later, the manufacturer bought the car back. New name but they got it done. Would use them again in a heartbeat.
Saw RockPoint Law pop up when I was googling lemon law help. Wasn't sure about the name but figured I'd give it a shot. My Jeep Gladiator had a death wobble at highway speeds—front end would shake violently. Dealer replaced the steering stabilizer twice, still shook. The person I talked to at RockPoint was super calm and explained everything clearly. They handled the claim and Jeep bought the truck back. Glad I didn't let the new name scare me off. They got the job done.
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What Homestead owners ask about a claim, answered against the statute.
Yes. Section 681.116 rules out a city or county lemon law, so Homestead owners use Chapter 681. Report the defect within 24 months of delivery.
Yes. Homestead has no lemon law of its own, and section 681.116 stops any city or county from writing one, so owners here rely on Chapter 681 of the Florida Statutes, the Motor Vehicle Warranty Enforcement Act. It reaches a new or demonstrator vehicle sold in Florida, plus a lease of a year or longer that makes you responsible for repairs. The defect has to substantially impair the vehicle's use, value or safety, and you have to report it within 24 months of delivery. After three repairs of the same problem and a final attempt by the manufacturer, or 30 days out of service for repair, you can ask for your money back or a replacement. The refund is yours to choose. Our Florida lemon law guide walks through the whole chapter.
No. This page is about defective new vehicles in the city of Homestead. Florida's homestead exemption concerns your home and has nothing to do with Chapter 681.
No. Florida's lemon law deals with defective new vehicles, and Homestead here means the city in south Miami-Dade. Florida's homestead exemption and homestead protections deal with your home, property taxes and creditors, and they have nothing to do with Chapter 681. The two ideas only share a name. If your car, SUV or pickup keeps going back to the dealer for the same problem, you are in the right place. A lemon law claim in Florida turns on your purchase contract, your repair orders and a few firm dates, and none of that depends on whether you own or rent your home. For a question about the property exemption itself, a real estate or tax professional is the person to ask. We handle vehicle warranty claims only.
Not by Chapter 681, which leaves out trucks over 10,000 pounds gross vehicle weight. The written warranty and the federal Magnuson-Moss Warranty Act may still cover it.
Not by Chapter 681. Section 681.102(14) leaves trucks over 10,000 pounds gross vehicle weight out of the definition of a motor vehicle, whoever owns them and however they are used. The Attorney General's coverage page repeats the same line. Start with the weight label on the driver's door jamb, because heavy-duty and dually pickups can sit on either side of it depending on the configuration. If yours is over the line, the claim does not vanish. It moves to the written warranty and the federal Magnuson-Moss Warranty Act, which has no weight cutoff of its own and asks instead whether that type of vehicle is normally used for personal purposes. Bring the window sticker or build sheet with the contract, so the rating is on paper before anyone argues about it.
It can. The law covers a vehicle used primarily for personal, family or household purposes, so the real mix of use counts more than any one trip.
It can. Section 681.102(4) defines a consumer as someone who buys or leases a vehicle primarily used for personal, family or household purposes. A pickup that takes the kids to school, runs errands and hauls feed on the weekend usually fits. A truck bought by the operation, titled to it, and driven mostly between growing fields and shade houses is a harder fit, and a manufacturer can be expected to ask about it. The word that matters is primarily, so the real mix of use counts more than any single trip. Keep records that show how the truck is actually driven. If Chapter 681 does not fit, the federal Magnuson-Moss Warranty Act may still cover the same pickup.
It depends on the product. The federal rule treats a pickup used for both personal and business purposes as a consumer product, while farm machinery such as a tractor usually is not one.
It depends on what kind of product it is. The Magnuson-Moss Warranty Act covers a consumer product, which 15 U.S.C. section 2301(1) defines by what that type of product is normally used for. The Federal Trade Commission's rule at 16 C.F.R. 700.1(a) says automobiles used for both personal and commercial purposes fall within that definition, and that one buyer's use is not decisive. Paragraph (b) of the same rule goes the other way for farm machinery, structures and implements used in the business of farming, where personal use is uncommon. So a pickup on a nursery can be a consumer product, while a tractor usually is not. Under section 2301(3), a business that buys the pickup can still be a consumer.
Plan as if every date still runs, because Chapter 681 has no military extension. A federal tolling rule may help in some cases, so report problems in writing before you leave.
Chapter 681 has no military extension of its own, so plan as if every date still runs. The federal Servicemembers Civil Relief Act adds one rule. Under 50 U.S.C. section 3936(a), a period of military service may not be counted when computing a period set by law for bringing an action or proceeding in a court or a state agency. For Air Force members, the Act defines military service by reference to active duty. Whether a particular set of orders qualifies, and whether a particular lemon law date is the kind of period the section covers, depend on the facts. The 24-month window for first reporting a defect is not a deadline to file anything, so report every problem in writing before you leave.
They don't shorten your time, because the 24 months carry no mileage cap. They do raise the offset for use, so check every mile that should come off.
They don't shorten your time. Section 681.102(9) sets the rights period at 24 months from delivery with no mileage limit, so a car with 50,000 miles is on the same clock as one that rarely leaves the driveway. Miles do change the money. A refund or replacement carries an offset for your use under section 681.102(19): the base price on the invoice, times your miles up to a settlement or the hearing, divided by 120,000. Only the miles attributable to you count. The Attorney General's remedy calculation guideline takes out delivery miles and test drives by the dealer, the manufacturer's inspectors and the Board. On a long daily commute, check each of those subtractions line by line.
Four dates: 24 months to report the defect, 60 days after that for a certified program, the Board deadline in section 681.109(4), and one year to sue.
Four dates, each with its own job. First, report the defect to the manufacturer or its dealer within 24 months of the day the vehicle was delivered to you. Second, if your brand runs a program on the Attorney General's certified list, file there no later than 60 days after those 24 months end. Third, the request for Board arbitration is due no later than 60 days after the 24 months end, or 30 days after the certified program's final action, whichever is later, under section 681.109(4). Fourth, a lawsuit under the chapter has one year from the end of the rights period, or from the final action of the program, the Attorney General or the Board, under section 681.112(2). Florida counts calendar days, weekends included.
The claim can travel with you. Hearings are set at a location reasonably convenient for you, and an appeal can still be filed in Miami-Dade after a move.
The claim can travel with you, but plan the logistics early. Section 681.1095(2) has the Board hear cases around the state so that a consumer can attend at a reasonably convenient location and present the dispute in person, and the Attorney General's hearings page says hearings are held on weekdays at locations chosen to be as convenient as possible for the consumer. If a decision is appealed, subsection (10) allows the petition to be filed where you live, where the vehicle was acquired or where the hearing was held, so a Homestead purchase keeps Miami-Dade available even after a move. The vehicle still has to be available for the manufacturer's final repair and any inspection. Tell us about orders or a move as soon as you know.
Most claims never reach court. An appeal from a Board decision goes to the circuit court, and for a Homestead resident that is Miami-Dade's Eleventh Judicial Circuit.
Most Florida claims are decided by the arbitration Board, not a court. Before suing under the chapter, section 681.1095(4) requires you to take the dispute to the Attorney General, and to the Board if it is found eligible. If either side then appeals, it petitions the circuit court within 30 days of receiving the decision, and subsection (12) makes that appeal a trial de novo, heard fresh. Homestead is in Miami-Dade County, which section 26.021 places in the Eleventh Judicial Circuit, so a petition filed where you live goes there. Whoever appeals must send the Attorney General a copy within 7 days of filing. Our Miami lemon law page covers the county's courts in more detail.
No. We have no Homestead office, and the filing can reach the Attorney General by mail or email. The one trip to plan for is a Board hearing.
No. RockPoint Law has no office in Homestead. Our nearest office is at 1221 Brickell Ave in Miami, about 26 miles away in a straight line, and you are welcome to meet us there, but you do not need to. The Attorney General takes a first Request for Arbitration by mail to Tallahassee, and its e-filing notice accepts one by email as a PDF of up to 8 megabytes. We gather your contract and repair orders by upload, check the dates, write to the manufacturer and prepare the filing. The one trip to plan for is a Board hearing, and section 681.1095(2) requires hearings at a location reasonably convenient for you. Phone and video calls cover the rest.
You don't need one, and the state charges nothing for the Board to hear your case. With us, qualifying cases run on contingency, so there's no attorney's fee unless we recover.
You are not required to have one. The Attorney General's hearings page says representation by an attorney is not required, and that people appearing before the Board may be represented by attorneys at their own expense. The state's Consumer Guide to the Florida Lemon Law says there is no fee to have the Board hear your case. Where a lawyer earns the fee is in the details: the registered or express-mail letter, the final repair, the forum for your brand, the weight and use questions, and an offset that can move a lot on a high-mileage car. If you win a Chapter 681 lawsuit, section 681.112(1) requires the court to award reasonable attorney's fees. We take qualifying cases on contingency, so there is no attorney's fee unless we recover for you.
Tell us the vehicle and what the dealer has already tried. No fee unless we recover for you.†
Think your car or pickup could be a lemon? Tell us the make, the delivery date and the repair history so far, and we can check it against Florida's two repair routes, the 24-month window and the weight line. Asking costs nothing†, and there is no fee unless we recover for you.
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