| 1 | A bill to be entitled |
| 2 | An act relating to used motor vehicle sales; creating s. |
| 3 | 501.98, F.S.; providing definitions; requiring a seller of |
| 4 | a used motor vehicle to provide the buyer with a motor |
| 5 | vehicle history report meeting specified requirements; |
| 6 | providing remedies; providing an effective date. |
| 7 |
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| 8 | Be It Enacted by the Legislature of the State of Florida: |
| 9 |
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| 10 | Section 1. Section 501.98, Florida Statutes, is created to |
| 11 | read: |
| 12 | 501.98 Used vehicle history disclosure.-- |
| 13 | (1) For purposes of this section, the term: |
| 14 | (a) "Motor vehicle" has the same meaning provided in s. |
| 15 | 320.01. |
| 16 | (b) "Motor vehicle history report" means a report that is |
| 17 | an account of the vehicle's history, including the following: |
| 18 | 1. Accidents. |
| 19 | 2. Major repairs. |
| 20 | 3. Title. |
| 21 | 4. Registration. |
| 22 | (c) "Seller" has the same meaning provided in s. 672.103. |
| 23 | (d) "Used motor vehicle" has the same meaning provided in |
| 24 | s. 319.001. |
| 25 | (2) The seller of a used motor vehicle shall, at or prior |
| 26 | to the time of sale, provide the buyer with a written motor |
| 27 | vehicle history report. The report shall be, to the best of the |
| 28 | seller's knowledge, accurate and shall be complete to the extent |
| 29 | that information is personally known to the seller or available |
| 30 | to the seller from commercial or governmental sources. The |
| 31 | seller may comply with this section by providing the buyer with |
| 32 | a motor vehicle history report meeting the requirements of this |
| 33 | section prepared by another entity. |
| 34 | (3)(a) If the seller fails to comply with subsection (2), |
| 35 | the buyer is entitled to void the transaction within 10 days |
| 36 | following the day of the sale and return the vehicle for a full |
| 37 | refund. The full refund shall be provided within 5 days of the |
| 38 | return of the vehicle. |
| 39 | (b) If the seller fails to provide a full refund following |
| 40 | the return of the vehicle as provided in paragraph (a), the |
| 41 | buyer may institute litigation and the prevailing party shall be |
| 42 | entitled to recovery of reasonable attorney fees and costs in |
| 43 | addition to any other damages. |
| 44 | Section 2. This act shall take effect October 1, 2007. |