Demand letter per Florida Statute 501.98
If you are a consumer with a complaint against a car dealership in Florida, it’s crucial to follow the specific requirements laid out in Florida Statute 501.98 before initiating a lawsuit. This statute, titled “Demand letter required before filing certain actions against motor vehicle dealers,” mandates a series of steps designed to provide the dealership with an opportunity to address your concerns amicably. Here’s a breakdown of what the statute requires:
1. Sending a Written Demand Letter
The first step involves sending a written demand letter to the car dealership. This is not just a formality; it’s a legal requirement that must be met for your lawsuit to proceed. According to Fla. Stat. 501.98(3), this letter must be sent by certified mail, return receipt requested, or by another method that provides proof of delivery. This ensures there’s a verifiable record that the dealership received your letter.
2. Contents of the Demand Letter
Your demand letter must include specific information as outlined in Fla. Stat. 501.98(2). This includes:
- A statement of the specific complaint or dispute: Clearly describe the issue at hand, providing details that will help the dealership understand your grievance.
- The relief sought: Specify what you want from the dealership to resolve the issue. This could be a refund, repair, replacement, or any other form of compensation you deem appropriate.
- A deadline for the dealership to respond: 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.
3. Timeline for Dealership Response
After the dealership receives your demand letter, they have 30 days to respond, as per Fla. Stat. 501.98(4). This period is intended for the dealership to review your complaint and propose a resolution. If the dealership fails to respond within this timeframe, or if you cannot reach an agreement, you may then proceed with filing a lawsuit.
Conclusion
Adhering to the requirements of Florida Statute 501.98 is essential for any consumer considering legal action against a car dealership. By following these steps and ensuring your demand letter meets all statutory requirements, you position yourself for a stronger case. This process not only fulfills legal prerequisites but also opens the door for resolving the dispute without resorting to litigation.
Should you have any further questions or require assistance, consulting with a qualified attorney specializing in consumer protection and automotive law is highly recommended. They can provide guidance tailored to your specific situation and help navigate the complexities of the legal system.
