Florida Statute 545.04 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXIII
REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS

Chapter 545
COMBINATIONS RESTRICTING FINANCING OF MOTOR VEHICLES

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545.04 Threats by finance company presumed to be made by manufacturer or wholesaler.—Any threat, express or implied, made directly or indirectly to any motor vehicle dealer by any finance company or agent thereof, who is affiliated with or controlled by any manufacturer or wholesale distributor of motor vehicles, that such manufacturer or wholesale distributor will terminate her or his contract with or cease to sell motor vehicles to such dealer unless such dealer finance the purchase or sale of motor vehicles only with or through a designated finance company or sells and assigns the conditional sales contracts, chattel mortgages, or other paper arising from her or his retail sales of motor vehicles only to a designated finance company, shall be presumed to be made at the direction of and with the authority of such manufacturer or wholesale distributor of motor vehicles, and shall be prima facie evidence of the fact that such manufacturer or wholesale distributor of motor vehicles has sold or intends to sell motor vehicles on the condition or with the agreement or understanding prohibited in s. 545.02.

History.—s. 3, ch. 18031, 1937; CGL 1940 Supp. 4151(462); s. 760, ch. 97-103.

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Amendments to 545.04

Annotations, Discussions, Cases:

Cases Citing Statute 545.04

Total Results: 3 | Sort by: Relevance | Newest First

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In Re WWG Indus., INC., Debtor, WWG Indus., INC., Plaintiff-Appellant, v. UNITED TEXTILES, INC., Defendant-Appellee, 772 F.2d 810 (11th Cir. 1985).

Cited 16 times | Published | Court of Appeals for the Eleventh Circuit | 13 Collier Bankr. Cas. 2d 1053, 1985 U.S. App. LEXIS 23371

...Nonetheless, this court arrives at the same result as Marietta Baptist and holds that United’s lien is valid against the debtor-in-possession, WWG. Prior to its filing for bankruptcy, WWG created United’s right to a lien by contracting for and receiving United’s services. 4 Collier on Bankruptcy § 545.04 (15th Ed....

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Palm Springs Dodge, Inc. v. Chrysler Credit Corp., 537 F. Supp. 178 (S.D. Fla. 1982).

Published | District Court, S.D. Florida | 1982 U.S. Dist. LEXIS 12109

...Defendant has also moved for Summary Judgment on the pending state claims under Florida Statutes §§ 545.03 and .04. The Court has found no cases which interpret this chapter, however a plain and logical reading of the sections indicate that they are directed at the automobile manufacturer, i.e. even though § 545.04 refers to threats made by finance companies the elements outlined in the section constitute prima facie evidence of a violation by the manufacturer, not the finance company....

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In Re Maison Grande Condo. Ass'n, Inc., 425 B.R. 684 (Bankr. S.D. Fla. 2010).

Published | United States Bankruptcy Court, S.D. Florida. | 72 U.C.C. Rep. Serv. 2d (West) 575, 22 Fla. L. Weekly Fed. B 257, 63 Collier Bankr. Cas. 2d 872, 2010 Bankr. LEXIS 185, 52 Bankr. Ct. Dec. (CRR) 197

such lien is expressly avoidable under 11 U.S.C. § 545(4). [24] Lessor has suggested, in oral argument

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.