The 2023 Florida Statutes (including Special Session C)

Title XXXIX
COMMERCIAL RELATIONS

Chapter 681
MOTOR VEHICLE SALES WARRANTIES

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F.S. 681.114

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.

F.S. 681.114 on Google Scholar

F.S. 681.114 on Casetext

Amendments to 681.114

Arrestable Offenses / Crimes under Fla. Stat. 681.114

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 681.114.

Annotations, Discussions, Cases:

Cases from cite.case.law:

H. HAMILTON B. v. FORD MOTOR COMPANY, a, 936 So. 2d 1203 (Fla. Dist. Ct. App. 2006)

. . . See §§ 681.104(2)(a), 681.114(1), Fla. Stat. (2002). . . .

GELINAS, v. FOREST RIVER, INC., 931 So. 2d 970 (Fla. Dist. Ct. App. 2006)

. . . ) a violation of a provision of Chapter 681 other than sections 681.104 or 681.103, such as section 681.114 . . .

WILLIAMS, v. POTAMKIN MOTOR CARS, INC. GMC LLC d b a JM d b a v., 835 So. 2d 310 (Fla. Dist. Ct. App. 2002)

. . . alleging violations of the resale, or “laundered lemon,” section of the Florida Lemon Law, section 681.114 . . . Affirmed. . 681.114 Resale of returned vehicles.— (1) A manufacturer who accepts the return of a motor . . . section 681.112(2), which is § 10, at 442, Laws of Fla. and the resale provision sued upon, section 681.114 . . . under the Lemon Law, section 681.112, or, as here, the purchaser at the re sale provided by section 681.114 . . .

KING, v. KING MOTOR COMPANY OF FORT LAUDERDALE, a a a, 780 So. 2d 937 (Fla. Dist. Ct. App. 2001)

. . . ) a violation of a provision of Chapter 681 other than sections 681.104 or 681.103, such-as section 681.114 . . .