Florida Statutes

Fla. Stat. § 817.412 (2025)

Sale of used goods as new; penalty.

✓ 2025 Florida Statutes — current through the 2025 Regular Session
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817.412 Sale of used goods as new; penalty.
(1) It is unlawful for a seller in a transaction where the purchase price of goods exceeds $100 to misrepresent orally, in writing, electronically, or by failure to speak that the goods are new or original when they are used or repossessed or where they have been used for sales demonstration.
(2) A person who violates this section commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
History.s. 14, ch. 93-38; s. 13, ch. 2015-166.
Notes of Decisions
Cited in 1 case (1 in the last 5 years), 2021–2021 · leading case: Giuliani v. NCL (Bahamas), Ltd.
Giuliani v. NCL (Bahamas), Ltd. (S.D. Fla. 2021). “To bring claims for misleading advertising under Florida Statute § 817.412 or for negligent misrepresentation, a plaintiff must allege: (1) misrepresentation of a material fact; (2) that the representor made the misrepresentation without knowledge as to its truth or falsity or…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida criminal defense attorney (Florida Bar No. 39104). Attorney Syfert regularly handles Chapter 817 matters in the context of fraud and white collar defense and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.