A material defect is one that would affect a reasonable buyer's decision to purchase the vehicle or the price they would pay for it. Prior structural damage, a salvage or rebuilt title, flood damage, and undisclosed airbag deployment all qualify as material. Courts have consistently held that dealers who know about these conditions and fail to disclose them have committed a deceptive act under FDUTPA.

The disclosure obligation applies to defects the dealer actually knows about. Dealers cannot simply claim ignorance when the damage is obvious from a reasonable inspection of the vehicle, or when the dealer's own reconditioning records show prior repairs. Courts look at what the dealer knew or should have known, and they are skeptical of claimed ignorance when the evidence suggests otherwise.

Section 501.976(6) of the Florida Statutes specifically prohibits dealers from representing that a vehicle is new or in a condition it is not in. When a dealer sells a car with significant undisclosed damage as if it were a clean vehicle, that is a direct violation of this provision. The statute does not require proof of intent to deceive — the misrepresentation itself is the violation.

If you discover after purchase that your vehicle had undisclosed damage, you may be entitled to the difference in value between what you paid and what the vehicle was actually worth given its true condition. In some cases, you may be able to rescind the transaction entirely and get your money back. You may also be entitled to attorney's fees under FDUTPA's fee-shifting provision.

Evidence in these cases often comes from the vehicle history report, the dealer's own reconditioning or service records, an independent appraisal, and sometimes the testimony of the dealer's employees. If you suspect your vehicle had undisclosed damage, have it inspected by an independent mechanic or body shop as soon as possible and document everything in writing.