What are the disclouser laws in florida for a used car dealer

Asked about 2 years ago - Tampa, FL

I purchased a truck trying to establish credit I did not pull a car fax, salesmen pulled a car fax showed me a one owner truck, I did not examine vin #. pulled car fax 15 mos later truck was a Texas truck and a total loss worth 2 grand, I owe 18 grand, can not even trade truck , it was also a rental with 4 owners. none of this was disclosed to me at time of purchase. Are laws concerning this in Florida any place to be found?

Attorney answers (2)

  1. Steven Michael Fahlgren

    Pro

    Contributor Level 11

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    Answered . It sounds like a good fraud case to me. I have been involved as an attorney in dozens of lawsuits involving car dealers, having represented car dealers for several years before leaving an insurance defense firm to form a consumer protection practice and then having represented dozens of consumers against car dealers for over ten years. It is hard to know your exact rights without reviewing all of the contract documents and a timeline as to what was said or not said. I have written a guide as to car buying tips.
    Many consumers ask if there is an automatic right to cancel a contract to purchase a car within three days. The general answer is there is no three day right to cancel the transaction but, as always, there are exceptions. I'll give you some general guidelines.
    Consumers can rescind a contract if it was induced by fraud and the parties can be returned to the status quo. Consumers can revoke acceptance of a car if he or she received non-conforming goods, e.g., the consumer buys a 6 cylinder and later learns it is a 4 cylinder. Consumers would need to revoke acceptance in a reasonable time. Consumers can rescind a transaction if the sale involves a retail installment sale contract and the buyer has not taken delivery of the vehicle. Consumers can sometimes cancel a contract as part of a remedy if there is a breach of warranty and suit is brought under the Magnuson-Moss Warranty Act. Consumers can cancel some deals if they have not received a copy of the retail installment sale contract and have not taken delivery of the vehicle. Section 520.07(c) of the Florida Statutes provides that "[u]ntil the seller has delivered or mailed to the buyer a copy of the retail installment contract, a buyer who has not received delivery of the motor vehicle shall have the right to rescind the agreement and to receive a refund of all payments made and return of all goods traded in to the seller on account of or in contemplation of the contract or, if such goods cannot be returned, the value thereof." Of course, consumers should always review their specific facts with an attorney to ensure that an exception to the above statements does not apply. If this post is helpful, please note it accordingly.

    Disclaimer: The above is intended to give you, the consumer, some insight into various legal topics. This... more
  2. Scott Richard Kaufman

    Pro

    Contributor Level 20

    Answered . Sounds like an excellent case for consumer fraud ESPECIALLY if you kept the fraudulent CarFax. Try David Gruskin in St. Petersburg for help OR look for help here: http://www.naca.net

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