Dealer practices Florida law specifically bans
Section 501.976 of the Florida Statutes lists dealer practices that are actionable as unfair or deceptive under Florida's Deceptive and Unfair Trade Practices Act. Among them:
- Misrepresenting the vehicle's history, meaning its previous use or status.
- Claiming a car has no structural or major body damage without having inspected it and made the statement in good faith.
- Hiding the fees. An advertised price must include every fee or charge the customer has to pay, other than taxes, tag, registration, and title.
- Adding fees to the cash price beyond those the law allows.
- Raising the price after accepting your order, outside a few narrow exceptions.
- Getting your signature on an incomplete contract, or one that doesn't reflect the deal you actually made.
- Taking a deposit without a written receipt that says whether it is refundable.
- Not disclosing known damage to a new car above the legal threshold: 3% of the sticker price or $650, whichever is less.
General deceptive practices, like misleading ads or false promises about add-on products, can also violate FDUTPA. See deceptive business practices.
Odometer rollbacks
Federal law takes odometer fraud seriously. A person who violates the federal odometer rules with intent to defraud is liable for three times your actual damages or $10,000, whichever is greater, and a court must award a winning plaintiff costs and a reasonable attorney's fee (49 U.S.C. § 32710). The deadline is short: two years from when the claim arises.
Financing problems
Most dealer financing is governed by Florida's Motor Vehicle Retail Sales Finance Act. For a willful violation, the buyer can recover the finance charge and any delinquency fees, plus attorney's fees and costs (Fla. Stat. § 520.12(2)).
If a dealer calls days after you drove off to say your loan wasn't approved and you need to sign a new deal, don't sign anything new or hand over the car until you've gotten advice. Keep every document from the original sale.
The 30-day letter before suing a dealer
Florida has a special pre-suit step for dealer claims. If the dealer gave you the written notice the statute describes, you generally must send the dealer a written demand letter at least 30 days before filing a deceptive practices lawsuit (Fla. Stat. § 501.98). The deadline to sue pauses for those 30 days. Getting this letter right matters, and it is part of what I handle.
What to do right now
- Gather the deal paperwork: buyer's order, retail installment contract, window sticker, any add-on or warranty contracts, and the title and odometer statement.
- Save the ad. Screenshot the online listing and the advertised price, and any texts or e-mails with the salesperson.
- Get the history. A vehicle history report or an independent inspection can show prior damage or mileage problems.
- Don't sign anything new and don't return the car before getting advice.
- Watch the clock. Odometer claims have two years.
How fees work
You don't pay me unless you win. I take these cases on contingency: no attorney's fees and no case costs owed to me unless you recover money. If a case is lost, a court can sometimes order the losing side to pay the other side's court costs, and some Florida laws, including the security deposit and deceptive practices statutes, also let the winner recover attorney's fees from the loser. I explain that risk before anything is filed, and every term is in a written agreement before you sign.