The most common used car disputes in Florida involve dealers misrepresenting the vehicle’s history or condition, charging undisclosed or excessive fees, problems with title and paperwork, odometer fraud, and misleading information about warranties or financing.
If you have a complaint against a car dealership in Florida, there are certain steps you must follow in order to give the dealership an opportunity to address your concerns and resolve the dispute amicably.
Sending a Written Demand Letter
Sending a written demand letter is a legal requirement that must be met before a lawsuit can proceed. According to Florida Statute 501.98(3), this letter must be sent by certified mail, return receipt requested, to the address at which the subject vehicle was purchased or leased in order to provide proof of delivery.
Specific Contents of the Demand Letter
Clearly describe the issue, providing details that will help the dealership understand your grievance. You must attach supporting documents, such as the contract and any repair orders or invoices you received identifying the issues.
You must specify what you would like the dealership to do in order for the issue to be resolved. Under Florida law, you are only entitled to the difference in value between what was advertised to you vs. what was delivered, which is known as diminished value. One exception is if the product has been deemed valueless because of the representation. In such case, the damages are the purchase price of the vehicle.
Timeframe
You must give the dealership at least 30 days from the date they receive the letter to respond. This timeframe is crucial as it provides a window for the dealership to address your complaint without the need for legal action.
If you are considering legal action against a car dealership, you must follow the requirements of Florida Statute 501.98.
General Information
Document Everything: Keep all advertisements, emails, contracts, and written communications.
Misrepresentation and Undisclosed Defects: Sellers, especially dealerships, may be sued for hiding problems like prior accidents, flood damage, or significant mechanical issues. Private sellers can also be sued if they falsely described the vehicle's condition, but these sales are often "as-is" and require proof of false statements.
Odometer Fraud: This includes tampering with the odometer to show less mileage than the vehicle has actually traveled.
Breach of Warranty: Lawsuits can be filed if a vehicle fails to meet the terms of a written or implied warranty. This can include disputes over what the warranty covers or the remedies available if a problem occurs.
Financing and Contract Issues: Disputes often involve hidden fees, incorrect financing terms, or high-pressure tactics to sell add-on products like extended warranties or GAP insurance. Some dealerships have also faced lawsuits for obtaining credit checks without the buyer's consent.
Title and registration problems: Disagreements over the vehicle's title or the dealer's failure to complete the registration process can lead to legal action.
KNOW THE LAW
YOU HAVE RIGHTS!
If you believe you are the victim of unethical and dishonest trade practices, do something about it. Don’t be a victim.
Florida has consumer protections laws like Florida Deceptive and Unfair Trade Practices Act (FDUPTA) for protections against misleading and fraudulent practices that may apply to your situation.
Take action now and allow The Dempsey Law Firm to bring you the satisfaction needed to close a frustrating chapter in life.