Florida Statutes
Fla. Stat. § 501.976 (2025)
Actionable, unfair, or deceptive acts or practices.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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501.976 Actionable, unfair, or deceptive acts or practices.—It is an unfair or deceptive act or practice, actionable under the Florida Deceptive and Unfair Trade Practices Act, for a dealer to:
(1) Represent directly or indirectly that a motor vehicle is a factory executive vehicle or executive vehicle unless such vehicle was purchased directly from the manufacturer or a subsidiary of the manufacturer and the vehicle was used exclusively by the manufacturer, its subsidiary, or a dealer for the commercial or personal use of the manufacturer’s, subsidiary’s, or dealer’s employees.
(2) Represent directly or indirectly that a vehicle is a demonstrator unless the vehicle complies with the definition of a demonstrator in s. 320.60(3).
(3) Represent the previous usage or status of a vehicle to be something that it was not, or make usage or status representations unless the dealer has correct information regarding the history of the vehicle to support the representations.
(4) Represent the quality of care, regularity of servicing, or general condition of a vehicle unless known by the dealer to be true and supportable by material fact.
(5) Represent orally or in writing that a particular vehicle has not sustained structural or substantial skin damage unless the statement is made in good faith and the vehicle has been inspected by the dealer or his or her agent to determine whether the vehicle has incurred such damage.
(6) Sell a vehicle without fully and conspicuously disclosing in writing at or before the consummation of sale any warranty or guarantee terms, obligations, or conditions that the dealer or manufacturer has given to the buyer. If the warranty obligations are to be shared by the dealer and the buyer, the method of determining the percentage of repair costs to be assumed by each party must be disclosed. If the dealer intends to disclaim or limit any expressed or implied warranty, the disclaimer must be in writing in a conspicuous manner and in lay terms in accordance with chapter 672 and the Magnuson-Moss Warranty—Federal Trade Commission Improvement Act.
(7) Provide an express or implied warranty and fail to honor such warranty unless properly disclaimed pursuant to subsection (6).
(8) Misrepresent warranty coverage, application period, or any warranty transfer cost or conditions to a customer.
(9) Obtain signatures from a customer on contracts that are not fully completed at the time the customer signs or which do not reflect accurately the negotiations and agreement between the customer and the dealer.
(10) Require or accept a deposit from a prospective customer prior to entering into a binding contract for the purchase and sale of a vehicle unless the customer is given a written receipt that states how long the dealer will hold the vehicle from other sale and the amount of the deposit, and clearly and conspicuously states whether and upon what conditions the deposit is refundable or nonrefundable.
(11) Add to the cash price of a vehicle as defined in s. 520.02(2) any fee or charge other than those provided in that section and in rule 69V-50.001, Florida Administrative Code. All fees or charges permitted to be added to the cash price by rule 69V-50.001, Florida Administrative Code, must be fully disclosed to customers in all binding contracts concerning the vehicle’s selling price.
(12) Alter or change the odometer mileage of a vehicle.
(13) Sell a vehicle without disclosing to the customer the actual year and model of the vehicle.
(14) File a lien against a new vehicle purchased with a check unless the dealer fully discloses to the purchaser that a lien will be filed if purchase is made by check and fully discloses to the buyer the procedures and cost to the buyer for gaining title to the vehicle after the lien is filed.
(15) Increase the price of the vehicle after having accepted an order of purchase or a contract from a buyer, notwithstanding subsequent receipt of an official price change notification. The price of a vehicle may be increased after a dealer accepts an order of purchase or a contract from a buyer if:
(a) A trade-in vehicle is reappraised because it subsequently is damaged, or parts or accessories are removed;
(b) The price increase is caused by the addition of new equipment, as required by state or federal law;
(c) The price increase is caused by the revaluation of the United States dollar by the Federal Government, in the case of a foreign-made vehicle;
(d) The price increase is caused by state or federal tax rate changes; or
(e) Price protection is not provided by the manufacturer, importer, or distributor.
(16) Advertise the price of a vehicle unless the vehicle is identified by year, make, model, and a commonly accepted trade, brand, or style name. The advertised price must include all fees or charges that the customer must pay, including freight or destination charge, dealer preparation charge, and charges for undercoating or rustproofing. State and local taxes, tags, registration fees, and title fees, unless otherwise required by local law or standard, need not be disclosed in the advertisement. When two or more dealers advertise jointly, with or without participation of the franchisor, the advertised price need not include fees and charges that are variable among the individual dealers cooperating in the advertisement, but the nature of all charges that are not included in the advertised price must be disclosed in the advertisement.
(17) Charge a customer for any predelivery service required by the manufacturer, distributor, or importer for which the dealer is reimbursed by the manufacturer, distributor, or importer.
(18) Charge a customer for any predelivery service without having printed on all documents that include a line item for predelivery service the following disclosure: “This charge represents costs and profit to the dealer for items such as inspecting, cleaning, and adjusting vehicles, and preparing documents related to the sale.”
(19) Fail to disclose damage to a new motor vehicle, as defined in s. 319.001(9), of which the dealer had actual knowledge, if the dealer’s actual cost of repairs exceeds the threshold amount, excluding replacement items.
In any civil litigation resulting from a violation of this section, when evaluating the reasonableness of an award of attorney’s fees to a private person, the trial court shall consider the amount of actual damages in relation to the time spent.
History.—s. 29, ch. 2001-196; s. 4, ch. 2002-4; s. 1, ch. 2002-54; s. 19, ch. 2002-235; s. 7, ch. 2003-269; s. 139, ch. 2008-4; s. 43, ch. 2008-176.
Notes of Decisions
Cited in 16
cases (5 in the last 5 years), 2007–2024 · leading case: SDS Autos, Inc. v. Chrzanowski, 976 So. 2d 600 (Fla. 1st DCA 2007).
SDS Autos, Inc. v. Chrzanowski, 976 So. 2d 600 (Fla. 1st DCA 2007). “See § 501.976, Fla. Stat. (2005) ("In any civil litigation resulting from a violation of this section, when evaluating the reasonableness of an award of attorney's fees to a private person, the trial court shall consider the amount of actual damages in relation to the time spent.”
Miami Auto. Retail, Inc. v. Baldwin, 97 So. 3d 846 (Fla. 3d DCA 2012). “, is the more generalized section regarding unfair or deceptive acts or practices, whereas section 501.976 specifically addresses unfair or deceptive acts or practices involving vehicles.”
Pendergast v. Sprint Nextel Corp., 592 F.3d 1119 (11th Cir. 2010). “at 606 (citing the attorney’s fees provision in Fla. Stat. § 501.976 ). Because individual claimants were likely to have very small recoveries, the S.”
Michael T. Angelo d/b/a Orange Park Auto Mall v. Timothy Parker, individually & on behalf of those similarly situated, 275 So. 3d 752 (Fla. 1st DCA 2019). “The Dealership appeals. 1 FDUTPA includes a subsection addressing unfair or deceptive acts or practices by automobile dealers related to the sale of motor vehicles.”
State v. Beach Blvd Auto., Inc., 139 So. 3d 380 (Fla. 1st DCA 2014). “Appellant’s counsel argued that the “binder stamp” did not give consumers a clear and conspicuous statement as to when a deposit was refundable or nonrefundable as required by section 501.976, Florida Statutes. As to Count 5, Appellees’ counsel argued that the claim should be…”
Cruz v. Cingular Wireless, LLC, 648 F.3d 1205 (11th Cir. 2011). “2d at 604, 606 (striking class action waiver as "hampering important remedial purposes of FDUTPA” because, absent class procedures, individuals asserting successful FDUTPA claims against automobile dealers under Fla. Stat. § 501.976 , which limits a prevailing consumer’s…”
Gina Signor v. Safeco Ins. Co. of Illinois, 72 F.4th 1223 (11th Cir. 2023). “See Fla. Stat. § 501.976 (16). Moreover, we can im- agine many factors affecting a vehicle’s sale price that do not affect the value of the vehicle.”
Creative Playthings Franchising, Corp. v. Reiser, 978 N.E.2d 765 (Mass. 2012). “93A, and violations of Fla. Stat. Ann. § 501.976 (West 2010) against unfair and deceptive trade practices.”
Sanchez v. AN Luxury Imports of Pembroke Pines, Inc., 216 So. 3d 723 (Fla. 4th DCA 2017). “976, in pertinent part, specifies a proportionality element to evaluating the reasonableness of attorney’s fees awards in successful FDUTPA actions against motor vehicle dealers: In any civil litigation resulting from a violation of this section, when evaluating the…”
Cabrera v. Haims Motors, Inc., 288 F. Supp. 3d 1315 (S.D. Fla. 2017). “Fla. Stat. § 501.976 (16). Plaintiff first alleges that Defendant violated FDUTPA because the price advertised online for the 2015 Infiniti did not include the 9 Pre-Delivery Service Charge Dealer Fee/Loan Processing fee ("dealer fee") and the .”
Smith v. REV Grp., Inc. (M.D. Fla. 2023). “Plaintiffs rely on Fla. Stat. § 501.976 , which precludes a vehicle dealer from doing nineteen specifically identified things.”
Maroone Chevrolet, LLC d/b/a Maroone Chevrolet v. German Alvarado (Fla. 4th DCA 2022). “201 pertaining to both trucks; 2) violation FDUTPA section 501.976 on the Second Truck; 3) violation of the Florida Motor Vehicle Retail Sales Finance Act section 520.”
— 501.976(10) — 1 case
State v. Beach Blvd Auto., Inc., 139 So. 3d 380 (Fla. 1st DCA 2014). “Appellant’s counsel argued that the “binder stamp” did not give consumers a clear and conspicuous statement as to when a deposit was refundable or nonrefundable as required by section 501.976, Florida Statutes. As to Count 5, Appellees’ counsel argued that the claim should be…”
— 501.976(11) — 2 cases
Miami Auto. Retail, Inc. v. Baldwin, 97 So. 3d 846 (Fla. 3d DCA 2012). “, is the more generalized section regarding unfair or deceptive acts or practices, whereas section 501.976 specifically addresses unfair or deceptive acts or practices involving vehicles.”
Michael T. Angelo d/b/a Orange Park Auto Mall v. Timothy Parker, individually & on behalf of those similarly situated, 275 So. 3d 752 (Fla. 1st DCA 2019). “The Dealership appeals. 1 FDUTPA includes a subsection addressing unfair or deceptive acts or practices by automobile dealers related to the sale of motor vehicles.”
— 501.976(18) — 1 case
Esther Babani v. Broward Auto., Inc. d/b/a Audi Ft. Lauderdale (Fla. 4th DCA 2022).
— 501.976(7) — 1 case
Gomeringer v. The Boat House of Cape Coral, LLC (M.D. Fla. 2024).
— 501.976(9) — 1 case
Miami Auto. Retail, Inc. v. Baldwin, 97 So. 3d 846 (Fla. 3d DCA 2012). “, is the more generalized section regarding unfair or deceptive acts or practices, whereas section 501.976 specifically addresses unfair or deceptive acts or practices involving vehicles.”
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