What are illegal dealer fees in Florida?

What are illegal dealer fees in Florida?

Florida dealers are permitted to charge certain fees beyond the vehicle price, but those fees must be itemized, disclosed, and agreed to by the buyer. Fees that are hidden, inflated, duplicative, or added without disclosure are unlawful under FDUTPA and § 501.976 of the Florida Statutes.

The most common illegal fee is an inflated or undisclosed "dealer fee" — sometimes called a "dealer prep fee," "administrative fee," or "documentation fee." While Florida law does not cap the dealer fee, it must be disclosed and itemized. A dealer who buries a $1,500 dealer fee in the contract without disclosing it during negotiations, or who charges a fee that was not included in the advertised price, may be violating the law.

Add-on products are another common source of illegal fees. Dealers sometimes include paint protection packages, fabric protection, nitrogen tire fills, GPS tracking devices, or other products in the contract without the buyer's knowledge or consent. If you did not agree to these products and they were added to your contract, you may be entitled to a refund of those charges.

Duplicate fees are also a problem. Some dealers charge both a documentation fee and an administrative fee for the same service, or charge a "title fee" that exceeds the actual cost of the title work. Fees that do not correspond to actual services rendered, or that are charged multiple times for the same service, are suspect.

Section 501.976 of the Florida Statutes requires that all fees be itemized on the buyer's order. If a fee appears on your contract that was not on the buyer's order, or if the total on your contract does not match what you agreed to, that discrepancy is worth investigating. Dealers are required to give you a copy of all documents you sign, and you have the right to review them carefully before signing.

If you discover illegal fees after the fact, you may be able to recover those amounts plus attorney's fees under FDUTPA. The key is documentation — keep your buyer's order, your retail installment contract, and any written communications about the price. Compare the itemized fees on each document and note any discrepancies.

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