CONSUMER LAW
Florida Auto Dealer Fraud Attorney
Misrepresentation, Undisclosed Damage & Hidden Fees
Florida car dealers are subject to some of the strictest consumer protection laws in the country. When a dealer lies about a vehicle's history, conceals accident damage, or packs a contract with fees you never agreed to, Florida and federal law give you the right to sue — and in many cases to recover your attorney fees from the dealer.
Undisclosed Accident Damage
A dealer who knows a vehicle has been in a significant accident and fails to disclose that fact before the sale commits fraud and violates the Florida Deceptive and Unfair Trade Practices Act (FDUTPA), Fla. Stat. § 501.201 et seq. The duty to disclose applies even if the damage was repaired. Courts have found that a dealer's silence about known material defects — including prior accidents, flood damage, frame damage, and airbag deployments — constitutes an unfair or deceptive act. Remedies include rescission of the sale, actual damages, and attorney fees.
Dealer Misrepresentation
Dealers sometimes make affirmative false statements: that a car has never been in an accident, that it has a clean title, that it passed a full inspection, or that a warranty covers certain repairs. A false statement of material fact made to induce a purchase is actionable as common-law fraud and under FDUTPA. You do not need to prove the dealer knew the statement was false — under FDUTPA, a negligent or even innocent misrepresentation can be actionable if it was deceptive.
Hidden Fees and Add-Ons — § 501.976, Fla. Stat.
Florida Statute § 501.976 specifically regulates motor vehicle dealer practices. It is an unfair or deceptive act for a dealer to charge a consumer for any item the consumer did not affirmatively agree to purchase, to advertise a price and then charge a higher price, or to fail to disclose all fees in the advertised price. Common violations include dealer fees, documentation fees, paint protection, tire and wheel packages, GAP insurance, and other add-ons that appear in the contract but were never discussed. If a dealer charged you for something you did not agree to, you may have a claim under § 501.976 and FDUTPA.
Advertised Price vs. Contract Price
When a dealer advertises a vehicle at one price and then presents a contract at a higher price — whether by adding undisclosed fees, changing the trade-in allowance, or altering the financing terms — that conduct violates § 501.976 and FDUTPA. Florida courts have awarded actual damages, rescission, and attorney fees in these cases.
Remedies Available to You
Under FDUTPA and § 501.976, a prevailing consumer can recover actual damages, declaratory and injunctive relief, and reasonable attorney fees and costs. In fraud cases, punitive damages may also be available. Because attorney fees are recoverable, you typically pay nothing out of pocket to bring a claim — the dealer pays your lawyer if you win.
Think you have a case?
Free consultation — no money out of pocket in most cases.
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