In the fall we filled you in on a little secret regarding the recently amended Florida Statute §501.98. Effective July 2013, dealerships are given an opportunity to take action prior to customers filling lawsuits. Are you taking advantage of this?

As a recap, Florida law provides the following:

“Section 501.98, Florida Statutes, requires that, at least 30 days before bringing any claim against a motor vehicle dealer for an unfair or deceptive trade practice, a consumer must provide the dealer with a written demand letter stating the name, address, and telephone number of the consumer; the name and address of the dealer; a description of the facts that serve as the basis for the claim; the amount of damages; and copies of any documents in the possession of the consumer which relate to the claim. Such notice must be delivered by the United States Postal Service or by a nationally recognized carrier, return receipt requested, to the address where the subject vehicle was purchased or leased or where the subject transaction occurred, or an address at which the dealer regularly conducts business.”

If you already have a form in your dealership, USE IT. If you do not have the form, email msemanie@kpsds.com and we will send the form and a letter detailing it’s applicability to you free of charge!

IMPORTANT: THE NOTICE DOES NOT AUTOMATICALLY APPLY TO EACH TRANSACTION. THE CONSUMER MUST SIGN THE FORM FOR THE STATUTE TO BE AFFECTIVE.