Florida Statutes
Fla. Stat. § 681.114 (2025)
Resale of returned vehicles.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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681.114 Resale of returned vehicles.—
(1) A manufacturer who accepts the return of a motor vehicle by reason of a settlement, determination, or decision pursuant to this chapter shall notify the department and report the vehicle identification number of that motor vehicle within 10 days after such acceptance, transfer, or disposal of the vehicle, whichever occurs later.
(2) A person shall not knowingly lease, sell at wholesale or retail, or transfer a title to a motor vehicle returned by reason of a settlement, determination, or decision pursuant to this chapter or similar statute of another state unless the nature of the nonconformity is clearly and conspicuously disclosed to the prospective transferee, lessee, or buyer, and the manufacturer warrants to correct such nonconformity for a term of 1 year or 12,000 miles, whichever occurs first. The department shall prescribe by rule the form, content, and procedure pertaining to such disclosure statement.
(3) As used in this section, the term “settlement” means an agreement entered into between a manufacturer and consumer that occurs after a dispute is submitted to a procedure or program or is approved for arbitration before the board.
History.—ss. 12, 19, ch. 88-95; s. 4, ch. 91-429; s. 8, ch. 92-88; s. 10, ch. 97-245; s. 25, ch. 2011-56.
Notes of Decisions
Cited in 3
cases, 2001–2006 · leading case: King v. King Motor Co. of Fort Lauderdale, 780 So. 2d 937 (Fla. 4th DCA 2001).
King v. King Motor Co. of Fort Lauderdale, 780 So. 2d 937 (Fla. 4th DCA 2001). “104 because it does not substantially impair the use, value, or safety of a motor vehicle within the meaning of section 681.”
Gelinas v. Forest River, Inc., 931 So. 2d 970 (Fla. 4th DCA 2006). “104 because it does not substantially impair the use, value, or safety of a motor vehicle within the meaning of section 681.”
Williams v. Potamkin Motor Cars, Inc., 835 So. 2d 310 (Fla. 3d DCA 2002). “112, or, as here, the purchaser at the re sale provided by section 681.114. In context, then, the difficult word "original” — since it modifies, not "consumer,” but "delivery” — must refer to the first or "original” transfer of a new defective vehicle to the purchaser, rather…”
— 681.114(2) — 1 case
Williams v. Potamkin Motor Cars, Inc., 835 So. 2d 310 (Fla. 3d DCA 2002). “112, or, as here, the purchaser at the re sale provided by section 681.114. In context, then, the difficult word "original” — since it modifies, not "consumer,” but "delivery” — must refer to the first or "original” transfer of a new defective vehicle to the purchaser, rather…”
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