Florida Auto Dealer Fraud Demand Letter

Sample Language

[Your Name]
[Your Address]
[City, State, ZIP]

[Date]

[Dealership Name]
[Dealer License Number]
[Address]

RE: Formal Demand - Fraudulent Vehicle Sale
Vehicle: [YEAR MAKE MODEL]
VIN: [VIN NUMBER]
Purchase Date: [DATE]
Purchase Price: $[AMOUNT]

Dear [Dealer Name]:

This letter constitutes formal demand for rescission and damages under Florida Motor Vehicle Sales Warranty Act (FL Stat § 501.976), Florida Deceptive and Unfair Trade Practices Act (§ 501.204), and common law fraud arising from your fraudulent sale of the above-referenced vehicle.

FRAUDULENT MISREPRESENTATIONS:

On [DATE], your sales representative [NAME] made the following material representations inducing my purchase:

1. ["Vehicle had only 45,000 original miles"
2. ["Clean title, never in accident"
3. ["Certified pre-owned with full inspection"
4. ["No mechanical issues, excellent condition"]

Relying on these representations, I purchased the vehicle for $[AMOUNT]. Post-purchase investigation reveals ALL of these representations were FALSE:

1. Odometer Fraud (FL Stat § 319.35; 49 USC § 32710): CARFAX and AutoCheck reports show actual mileage exceeded [X] at time of sale. Service records document [X] miles on [PRIOR DATE]. Odometer was rolled back or cluster replaced without disclosure.

2. Title Washing & Concealed Damage (§ 501.976): Vehicle carries prior [salvage/flood/rebuilt] title from [STATE], concealed through interstate transfer. NMVTIS and title history reveal [major accident on DATE with $X damage / flood damage / structural damage].

3. Undisclosed Material Defects: Inspection by [licensed mechanic] reveals [frame damage, prior airbag deployment, engine problems, transmission issues] that existed at time of sale and were known or should have been known to you.

VIOLATIONS OF FLORIDA LAW:

Your conduct violates multiple Florida statutes:

1. FL Stat § 501.976: Engaging in unfair/deceptive practices, failing to disclose material defects, providing false title information.

2. FDUTPA § 501.204: Misrepresenting vehicle characteristics (§ 501.204), representing as original when materially altered, failing to disclose material information.

3. FL Stat § 319.35: Odometer tampering - felony offense with civil penalties.

4. Federal Odometer Act (49 USC § 32710): Odometer fraud carries $10,000 or treble damages (whichever greater) plus attorney fees.

DAMAGES:

Your fraud has caused substantial economic harm:

- Purchase Price Paid: $[AMOUNT]
- Actual Value (salvage/high mileage/damaged): $[AMOUNT]
- Economic Damages (diminution): $[DIFFERENCE]
- Repair Costs for Undisclosed Defects: $[AMOUNT]
- Rental Vehicle During Repairs: $[AMOUNT]
Total Actual Damages: $[AMOUNT]

Under Florida law, I am entitled to:

- FL Stat § 501.976: Actual damages plus minimum $1,000 statutory damages
- FDUTPA § 501.2105: Reasonable attorney fees as prevailing party
- Federal Odometer Act: $10,000 or 3x actual damages (whichever greater) plus attorney fees
- Common Law Fraud: Rescission, actual damages, and potential punitive damages

SETTLEMENT DEMAND:

Within 30 days of receiving this letter, you must select one of the following options:

Option 1 - Rescission:
1. Accept return of vehicle in current condition
2. Refund full purchase price: $[AMOUNT]
3. Refund all taxes, fees, and finance charges paid
4. Pay $[AMOUNT] for rental vehicle expenses during ownership
5. Provide written release of all claims

Option 2 - Diminished Value Settlement:
1. Pay $[DIFFERENCE between paid price and actual value]
2. Pay $[REPAIR COSTS for undisclosed defects]
3. Pay minimum $1,000 statutory damages (§ 501.976)
4. Provide corrected title documentation
Total Option 2: $[AMOUNT]

CONSEQUENCES OF NON-COMPLIANCE:

Failure to respond with acceptable settlement offer will result in:

1. Filing civil action in [COUNTY] Circuit Court seeking:
- Rescission and full refund OR diminished value damages
- Federal Odometer Act damages: $10,000 or 3x actual (whichever greater)
- FL Stat § 501.976 statutory minimum: $1,000
- Punitive damages for fraudulent conduct
- Attorney fees under § 501.2105 and 49 USC § 32710
- Court costs and litigation expenses

2. Criminal complaint to [County] State Attorney for felony odometer fraud (§ 319.35)

3. Formal complaints to:
- Florida Highway Safety & Motor Vehicles
- Florida Attorney General Consumer Protection Division
- Better Business Bureau
- Federal Trade Commission

4. Public disclosure of fraudulent practices via online reviews and consumer advocacy groups

Florida law provides substantial remedies for auto fraud. Your total liability will far exceed the settlement demand if you force litigation. Between attorney fees, statutory damages, and potential punitive damages, a $5,000 fraud claim can generate $50,000+ in judgments.

Resolve this economically while you can.

I expect your response within 30 days.

Sincerely,
[Your Signature]
[Your Name]
[Phone Number]