Florida Statutes
Fla. Stat. § 320.838 (2025)
Civil action.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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320.838 Civil action.—Notwithstanding the existence of other remedies, a buyer may bring a civil suit for damages against a responsible party who fails to satisfactorily resolve a warranty claim. Damages shall be the actual costs of remedying the defect. Court costs and reasonable attorney fees may be awarded to the prevailing party. When the court finds that failure to honor warranty claims is a consistent pattern of conduct of the responsible party, or that the defect is so severe as to significantly impair the safety of the mobile home, it may assess punitive damages against the responsible party.
History.—s. 16, ch. 74-68; s. 9, ch. 74-169; s. 1, ch. 77-174; s. 2, ch. 81-318; ss. 19, 20, ch. 88-147; s. 4, ch. 91-429.
Notes of Decisions
Cited in 3
cases (2 in the last 5 years), 2016–2021 · leading case: David Davenport v. Thor Motor Coach, Inc., 661 F. App'x 997 (11th Cir. 2016).
David Davenport v. Thor Motor Coach, Inc., 661 F. App'x 997 (11th Cir. 2016). “Under Fla. Stat. § 320.838 the Davenports sought compensation for repairs to the motor coach, as well as attorney’s fees and costs.”
Kelly v. Lee Cnty. RV Sales Co. (M.D. Fla. 2021). “Specifically, they sought appellate attorney’s fees under Fla. Stat. § 320.838 , and North Trail sought appellate attorney’s fees pursuant to the fee provision in the Purchase Contract.”
Kelly v. Lee Cnty. RV Sales Co. (M.D. Fla. 2021). “Specifically, they sought appellate attorneys’ fees under Fla. Stat. § 320.838 , and North Trail sought appellate attorneys’ fees pursuant to the fee provision in the Purchase Contract.”
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