Senate Bill sb1554

    Florida Senate - 2007                                  SB 1554

    By Senator Ring





    32-530-07                                           See HB 105

  1                      A bill to be entitled

  2         An act relating to used motor vehicle sales;

  3         creating s. 501.98, F.S.; providing

  4         definitions; requiring a seller of a used motor

  5         vehicle to provide the buyer with a motor

  6         vehicle history report meeting specified

  7         requirements; providing remedies; providing an

  8         effective date.

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10  Be It Enacted by the Legislature of the State of Florida:

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12         Section 1.  Section 501.98, Florida Statutes, is

13  created to read:

14         501.98  Used vehicle history disclosure.--

15         (1)  For purposes of this section, the term:

16         (a)  "Motor vehicle" has the same meaning provided in

17  s. 320.01.

18         (b)  "Motor vehicle history report" means a report that

19  is an account of the vehicle's history, including the

20  following:

21         1.  Accidents.

22         2.  Major repairs.

23         3.  Title.

24         4.  Registration.

25         (c)  "Seller" has the same meaning provided in s.

26  672.103.

27         (d)  "Used motor vehicle" has the same meaning provided

28  in s. 319.001.

29         (2)  The seller of a used motor vehicle shall, at or

30  prior to the time of sale, provide the buyer with a written

31  motor vehicle history report. The report shall be, to the best

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                                  SB 1554
    32-530-07                                           See HB 105




 1  of the seller's knowledge, accurate and shall be complete to

 2  the extent that information is personally known to the seller

 3  or available to the seller from commercial or governmental

 4  sources. The seller may comply with this section by providing

 5  the buyer with a motor vehicle history report meeting the

 6  requirements of this section prepared by another entity.

 7         (3)(a)  If the seller fails to comply with subsection

 8  (2), the buyer is entitled to void the transaction within 10

 9  days following the day of the sale and return the vehicle for

10  a full refund. The full refund shall be provided within 5 days

11  after the return of the vehicle.

12         (b)  If the seller fails to provide a full refund

13  following the return of the vehicle as provided in paragraph

14  (a), the buyer may institute litigation and the prevailing

15  party is entitled to recovery of reasonable attorney fees and

16  costs in addition to any other damages.

17         Section 2.  This act shall take effect October 1, 2007.

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CODING: Words stricken are deletions; words underlined are additions.