Florida Lemon Law Doesn’t Cover Appliances: Magnuson-Moss and FDUTPA

Florida’s lemon law does not cover appliances. Chapter 681 of the Florida Statutes applies only to motor vehicles, so a defective refrigerator, dishwasher, washer, dryer, or oven falls outside the state’s lemon law program entirely.¹ You still have real leverage, though. Three laws do the work a lemon law would: Florida’s implied warranty of merchantability, the federal Magnuson-Moss Warranty Act, and the Florida Deceptive and Unfair Trade Practices Act.

The Boundary: Lemon Law Is Vehicles Only

Florida’s Motor Vehicle Warranty Enforcement Act defines a “consumer” as the purchaser or lessee of a motor vehicle used primarily for personal, family, or household purposes.¹ Household goods are not in the statute. There is no state-run arbitration board for appliances, no statutory refund-or-replace formula tied to a count of repair attempts, and no automatic buyback. You build the case yourself using general warranty and consumer protection law.

The Implied Warranty That Comes With Every Appliance

Florida Statute 672.314 attaches an implied warranty of merchantability to every sale of goods by a merchant. You don’t have to buy anything extra for it to apply, and the seller doesn’t have to mention it. The warranty means the appliance must be fit for the ordinary purposes it’s used for. A freezer that cannot hold temperature or a dishwasher that leaks from the first cycle has failed that standard. It also requires that the goods pass without objection in the trade and conform to any promises on the label or packaging.²

The statute does not fix a duration. How long the warranty lasts depends on what a court finds reasonable for the type of appliance. A $2,500 refrigerator carries different durability expectations than a $30 toaster. The outer limit is set by Florida’s four-year statute of limitations for sales claims.

Can the Seller Disclaim It With “As Is”?

Sellers can exclude the implied warranty, but only in specific ways. A written disclaimer has to use the word “merchantability” and must be conspicuous. Language like “as is” or “with all faults” also strips implied warranties if it clearly signals that no warranty exists.³

Here is the practical override. Under federal law, any supplier that provides a written warranty on a consumer product is barred from disclaiming implied warranties on that product.⁴ The manufacturer can limit the implied warranty’s duration to match the written warranty, but it cannot zero it out. For new appliances sold with a manufacturer’s written warranty, “as is” language from the retailer does not take your implied warranty rights away.

Magnuson-Moss: The Closest Thing to a Federal Appliance Lemon Law

The Magnuson-Moss Warranty Act covers “consumer products,” meaning tangible personal property normally used for personal, family, or household purposes.⁵ Appliances qualify. The Act doesn’t require a manufacturer to issue a written warranty, but when one is issued it comes with federally enforceable obligations and a private right of action.

Full Warranty vs. Limited Warranty

Every written warranty on a consumer product costing more than a threshold amount must be labeled “Full” or “Limited.”⁶ Most appliance warranties are labeled “Limited,” and the label matters. A full warranty obligates the manufacturer to fix defects within a reasonable time at no charge, prohibits limiting the duration of implied warranties, and requires the manufacturer to offer the consumer a choice of refund or free replacement if the product cannot be fixed after a reasonable number of attempts.⁷ A limited warranty can shift labor costs, shipping costs, or other burdens onto you.

When Refund or Replacement Is Required

Under a full warranty, the consumer can elect a refund or replacement after “a reasonable number of attempts” to repair the defect.⁷ The statute doesn’t set a universal number. Courts tend to look at whether the same defect has survived multiple repair visits or whether the appliance has been out of service for an unreasonable period. Three or four failed repairs on the same defect is a common benchmark in case law, not a statutory bright line.

Under a limited warranty, the refund-or-replace remedy isn’t automatic. You get whatever the warranty document specifies. If the manufacturer fails to deliver even that, you still have a breach claim under the Act.

Attorney Fees Shift to the Manufacturer

A prevailing consumer in a Magnuson-Moss suit can recover reasonable attorney fees and costs.⁸ The provision runs one direction. Manufacturers cannot recover fees from consumers under this Act, even if they win. That asymmetry is why plaintiffs’ attorneys will take appliance warranty cases on contingency and why many manufacturers settle.

Check for a Mandatory Dispute Procedure First

Many warranty booklets require you to go through an informal dispute settlement procedure before you sue. If the warranty includes one and it meets FTC rules, the Act requires you to complete it before filing.⁸ Skipping it can get your case dismissed. Read the warranty booklet before you talk to an attorney.

FDUTPA When the Conduct Goes Beyond a Warranty Breach

Florida’s Deceptive and Unfair Trade Practices Act, in Chapter 501, Part II, reaches conduct that pure warranty law doesn’t.⁹ Concealing a known defect, misrepresenting what the appliance can do, or stonewalling on a clear warranty obligation can all amount to a FDUTPA violation. A consumer who suffers a loss can recover actual damages plus attorney fees and court costs.¹⁰

FDUTPA’s fee provision runs both ways. The prevailing party, consumer or manufacturer, can seek fees from the losing side.¹¹ That cuts differently from Magnuson-Moss and is worth knowing before you add a FDUTPA count to a lawsuit.

Build the Paper Trail Early

Every claim you might eventually make rises or falls on documentation. Start the file the day the problem shows up, not the day you decide to escalate.

Purchase records: the sales receipt showing date, price, and retailer, plus the matching credit card statement.
The warranty booklet: coverage period, exclusions, and any informal dispute procedure you have to use before filing suit.
Serial and model numbers from the sticker inside the door or on the back panel.
A repair log listing every service call with date, technician name, the problem reported, and what was attempted. Keep copies of all work orders and invoices.
Communication records: emails, chat transcripts, and notes from phone calls with customer service, including the representative’s name and any case number.

Repair invoices do double duty. They count repair attempts and they prove the manufacturer had notice of the defect, which is much harder to dispute than a phone call you can’t document.

Getting to a Resolution

Written Demand to the Manufacturer

Send a demand letter by certified mail with return receipt requested. Describe the defect, list the dates and outcomes of prior repair attempts, state what you want (replacement, refund, or reimbursement), and give a deadline for a response, typically 15 to 30 days. The certified mail receipt proves the company received the letter and when.

If the warranty requires informal dispute resolution, start that process at the same time or before. Finish it before filing suit.⁸

Complaint to FDACS

The Florida Department of Agriculture and Consumer Services accepts consumer complaints through an online portal. Filing is free and sometimes pushes a manufacturer who had been ignoring you to negotiate. Know the limit, though: FDACS mediates. It cannot order a business to repair, replace, or refund.¹² If mediation fails, court is next.

Small Claims Court

Florida small claims court handles disputes of $8,000 or less.¹³ Filing fees vary by county, usually from roughly $55 to $300 depending on the amount. You don’t need an attorney, though you can bring one. Bring the full file: receipt, warranty, repair log, demand letter, and all correspondence. Claims above $8,000 go to county civil court, where the process is more formal and legal representation is advisable.

You Have Four Years From Delivery

Florida’s UCC statute of limitations gives you four years from the date the appliance was delivered to file a breach-of-warranty suit. The clock runs from delivery, not from the date the defect appeared. If the washing machine was delivered in January 2023 and started failing in March 2026, you have until roughly January 2027 to file, not four years from March 2026. After the window closes, the court will dismiss the case regardless of how bad the defect was.

Check for a Safety Recall

Before investing in a warranty fight, see whether the appliance has been recalled. The U.S. Consumer Product Safety Commission maintains a searchable recall database at cpsc.gov/Recalls, filterable by product category and hazard type.¹⁴ An appliance under recall usually comes with a free repair, replacement, or refund directly from the manufacturer, regardless of warranty status. If your appliance poses a fire or shock hazard and isn’t yet listed, you can report it to the CPSC, which can trigger an investigation.

Credit Card Protections Worth Checking

If you paid with a credit card, read your card’s benefits guide. Many cards add one to two years of extended warranty coverage on top of the manufacturer’s warranty. A claim typically needs the original receipt, the manufacturer’s warranty document, and the card statement showing the purchase. Deadlines are usually 60 to 90 days after the failure.

Some cards also carry purchase protection for damage or defects in the first 90 to 120 days after purchase, with per-item caps that vary (some stop at $500, others go higher). For a mid-range appliance where litigation doesn’t make financial sense, a card benefit claim is often the fastest route to money back.

1
Florida Senate. Florida Code 681 – Motor Vehicle Sales Warranties
2
Florida Legislature. Florida Code 672.314 – Implied Warranty Merchantability Usage of Trade
3
Florida Legislature. Florida Code 672.316 – Exclusion or Modification of Warranties
4
Office of the Law Revision Counsel. 15 USC 2308 – Limitation on Disclaimer of Implied Warranties
5
Office of the Law Revision Counsel. 15 USC Chapter 50 – Consumer Product Warranties
6
Federal Trade Commission. Businesspersons Guide to Federal Warranty Law
7
Office of the Law Revision Counsel. 15 USC 2304 – Federal Minimum Standards for Warranties
8
Office of the Law Revision Counsel. 15 USC 2310 – Remedies in Consumer Disputes
9
Florida Senate. Florida Code 501.201 – Short Title
10
Florida Legislature. Florida Code 501.211 – Other Individual Remedies
11
Florida Legislature. Florida Code 501.2105 – Attorney Fees
12
Florida Department of Agriculture & Consumer Services. Consumer Complaint Portal
13
Florida Courts. Small Claims
14
U.S. Consumer Product Safety Commission. Recalls and Product Safety Warnings