Damage disclosure requirements for new motor vehicles.

With respect to new motor vehicles, Florida law provides that a dealer has an affirmative duty to disclose certain damage to new vehicles (only).

Florida Statute §501.976 states that it is an unfair or deceptive act or practice actionable under the Florida Deceptive and Unfair Trade Practices Act for a dealer to: (19) Fail to disclose damage to a new motor vehicle, as defined in F.S. §319.001(9), of which the dealer had actual knowledge, if the dealer’s actual cost of repairs exceeds the threshold amount, excluding replacement items.

Florida Statutes §501.975 provides that, as used in F.S. §501.976, the following terms shall have the following meanings:

(3) “Replacement Item” means a tire, bumper, bumper facia, glass, in-dashboard equipment, seat or upholstery cover or trim, exterior illumination unit, grill, sunroof, external mirror and external body cladding. The replacement of up to three of these items does not constitute repair of damage if each item is replaced because of a product defect or damage due to vandalism while the new motor vehicle is under the control of the dealer and the items are replaced with original manufacturer equipment, unless an item is replaced due to a crash, collision, or accident.
(4) “Threshold amount” means 3% of the manufacturer’s suggested retail price of a motor vehicle or $650 whichever is less.

In addition to proving that the dealership had actual knowledge of the prior damage, an aggrieved consumer would also have to prove that the dealership’s actual cost to repair the damage exceed the threshold amount as identified above.

Does a dealership have to disclose damage to a new vehicle in Florida?

Damage disclosure requirements for new motor vehicles.

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