Florida Statute 681.106 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXIX
COMMERCIAL RELATIONS

Chapter 681
MOTOR VEHICLE SALES WARRANTIES

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681.106 Bad faith claims.—Any claim by a consumer which is found by the court to have been filed in bad faith or solely for the purpose of harassment, or in complete absence of a justiciable issue of either law or fact raised by the consumer, shall result in the consumer being liable for all costs and reasonable attorney’s fees incurred by the manufacturer, or its agent, as a direct result of the bad faith claim.

History.—s. 6, ch. 83-69; s. 19, ch. 88-95; s. 4, ch. 91-429.

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Amendments to 681.106

Annotations, Discussions, Cases:

Cases Citing Statute 681.106

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

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Caplan v. 1616 East Sunrise Motors, Inc., 522 So. 2d 920 (Fla. 3d DCA 1988).

Cited 15 times | Published | Florida 3rd District Court of Appeal | 1988 WL 18589

...tomobiles, Inc. v. Caplan, Case Nos. 87-1163 and 87-1635. [3] Although the Lemon Law does contain fee provisions authorizing an award of fees to the consumer, § 681.104(5)(b), Fla. Stat. (1983), and to a defendant in an action brought in bad faith, § 681.106, Fla....

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Chrysler Corp. v. Pitsirelos, 721 So. 2d 710 (Fla. 1998).

Cited 12 times | Published | Supreme Court of Florida | 23 Fla. L. Weekly Supp. 464, 1998 Fla. LEXIS 1684, 1998 WL 633693

...I believe the purpose of this requirement is to enable the circuit court to determine whether the trial de novo was sought in good faith. Section 681.1095(14) permits the court to double or triple the amount of damages to the consumer if the manufacturer filed the petition for a trial de novo in bad faith. Under section 681.106, the court may order the consumer to pay the costs and attorney fees incurred by the manufacturer if the consumer's claim was filed in bad faith....

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TA Enter., Inc. v. Olarte, Inc., 835 So. 2d 1235 (Fla. 4th DCA 2003).

Cited 5 times | Published | Florida 4th District Court of Appeal | 2003 WL 187190

...Within 30 days of final disposition of the appeal, the appealing party shall furnish the department with notice of such disposition and, upon request, shall furnish the department with a copy of the order or judgment of the court." [e.s.]). [6] See § 681.106, Fla....

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