Florida Statute 545.4 - 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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F.S. 545.04

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

In Re WWG INDUSTRIES, INC., Debtor, WWG INDUSTRIES, INC., Plaintiff-Appellant, v. UNITED TEXTILES, INC., Defendant-Appellee

772 F.2d 810, 13 Collier Bankr. Cas. 2d 1053, 1985 U.S. App. LEXIS 23371

Court of Appeals for the Eleventh Circuit | Filed: Sep 30, 1985 | Docket: 490336

Cited 16 times | Published

United’s services. 4 Collier on Bankruptcy § 545.04 (15th Ed. 1985) on page 545-18 says the following:

In Re Maison Grande Condominium Ass'n, Inc.

425 B.R. 684, 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

United States Bankruptcy Court, S.D. Florida. | Filed: Jan 13, 2010 | Docket: 2557905

Published

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

Palm Springs Dodge, Inc. v. Chrysler Credit Corp.

537 F. Supp. 178, 1982 U.S. Dist. LEXIS 12109

District Court, S.D. Florida | Filed: Mar 23, 1982 | Docket: 66158000

Published

the automobile manufacturer, i.e. even though § 545.04 refers to threats made by finance companies the