Best Auto Dealer Fraud Lawyers in Coral Gables

1. About Auto Dealer Fraud Law in Coral Gables, United States

Auto dealer fraud in Coral Gables rests on Florida and federal consumer protection rules that govern how dealers disclose information, advertise vehicles, and handle financing. The core Florida tools are the Florida Deceptive and Unfair Trade Practices Act and the Florida Motor Vehicle Dealers Act. These laws prohibit misrepresentations, hidden defects, and coercive or deceptive sales tactics in auto transactions.

In practice, buyers in Coral Gables often rely on an attorney to interpret whether a dealer misrepresented a vehicle’s condition, failed to disclose prior accidents, or engaged in improper financing practices. Florida law also recognizes that deceptions about odometer readings, vehicle history, and prior damage can trigger remedies under both FDUTPA and the Lemon Law framework for new vehicles. An experienced attorney can map these claims to available remedies, including restitution, replacement, repair obligations, and in some cases, attorney fees.

Florida’s consumer protection framework is reinforced by federal enforcement from agencies such as the Federal Trade Commission. The FTC provides guidance on what constitutes unlawful auto dealer practices and outlines steps consumers can take when faced with deceptive sales tactics. See official resources from the state and federal level for authoritative guidance.

FDUTPA prohibits unfair or deceptive acts or practices in the conduct of any trade or commerce in Florida.

For official state guidance, see Florida Statutes and government agency pages that describe how FDUTPA, the Motor Vehicle Dealers Act, and related rules apply to car dealers in Florida.

2. Why You May Need a Lawyer

Not all auto purchases involve fraud, but certain situations almost always require legal counsel. Below are real world scenarios that often arise in Coral Gables and surrounding Miami-Dade communities.

• A dealer sells a used car with undisclosed flood or fire damage and provides a vehicle history report that omits the problem.
• The dealer claims the vehicle has a clean title, but the history shows a prior salvage or rebuilt title that was concealed at the time of sale.
• Odometer tampering or a falsified mileage disclosure is discovered after purchase, leading to inflated payments or degraded resale value.
• The dealer makes deceptive financing promises, adding hidden fees or false incentives that inflate the monthly payment without a clear, written disclosure.
• A dealer uses an “as is” disclaimer to avoid promised repairs or to shift repair responsibilities to the buyer after a known defect is discovered.
• A Coral Gables dealership pushes unwanted add ons or falsifies optional coverage to inflate the final price or finance charges.

In these scenarios an attorney can help by collecting contracts, disclosures, and vehicle history records, evaluating whether FDUTPA or lemon law protections apply, and communicating with the dealer to demand refunds, repairs, or cancellation of onerous terms. An attorney can also advise on whether to file complaints with state agencies or pursue civil remedies in court.

3. Local Laws Overview

Florida Deceptive and Unfair Trade Practices Act (FDUTPA) - Florida Statutes Chapter 501

FDUTPA prohibits unfair or deceptive acts or practices by businesses, including auto dealers. It creates a private right of action for individuals who suffer actual damages, as well as authority for state enforcement. In Coral Gables, FDUTPA claims often accompany vehicle warranty or lemon law disputes to maximize remedies.

Key concepts include prohibitions on misrepresentation, concealment of material facts, and coercive sales practices. The statute has been amended over the years to strengthen consumer protections and to clarify enforcement mechanisms. For the latest text and official interpretations, consult the Florida Legislature's statute pages.

Source: Official Florida Statutes pages and state guidance on FDUTPA. FDUTPA statute - Florida Legislature

Florida Motor Vehicle Dealers Act - Florida Statutes Chapter 320

This chapter governs the licensing and conduct of motor vehicle dealers in Florida, including disclosures, contract terms, and regulatory compliance. It sets standards for dealership practices and provides a framework for investigating and addressing dealer misconduct in auto sales and financing.

Dealers are expected to comply with truthful advertising, accurate disclosures, and fair dealing in all motor vehicle transactions. Violations can lead to disciplinary actions by state agencies and potential civil remedies for buyers.

Source: Official Florida Statutes pages and state licensing guidance. Motor Vehicle Dealers Act - Florida Legislature

Florida Lemon Law - New Motor Vehicle Warranty Act (Chapter 681, applicable in part to new motor vehicles)

The Lemon Law provides specific remedies when a new vehicle has substantial defects that substantially impair use, value, or safety and the dealer failed to repair after a reasonable number of attempts. While primarily focused on new vehicles, some principles and remedies can inform disputes where new car warranties and dealer warranties are involved in Coral Gables transactions.

Statutory provisions cover notification, repair attempts, and potential refunds or replacements when warranted conditions are met. Always confirm the latest text and any applicable changes by consulting the official statute pages.

Source: Official Florida Statutes pages. Lemon Law - Florida Legislature

Recent trends in Florida show ongoing attention to auto dealer compliance and consumer protection, with enforcement emphasis from state agencies and court interventions. Always verify current statutes and any recent amendments using official government sites, as Florida law changes over time.

4. Frequently Asked Questions

What counts as auto dealer fraud under Florida law?

Auto dealer fraud includes misrepresentation of vehicle condition, undisclosed prior damage, odometer fraud, or deceptive financing terms. FDUTPA and the Lemon Law provide avenues for relief and remedies.

How do I prove a dealer misrepresented a vehicle's condition?

Collect the purchase contract, vehicle history reports, service records, inspection reports, and any communications with the dealer. Expert inspection and a written corroboration from a mechanic strengthen the claim.

How long do I have to file a FDUTPA claim in Florida?

FDUTPA claims generally have a statute of limitations of four years, but check the current statute for exact timing and any tolling provisions.

What is the difference between FDUTPA and the Lemon Law?

FDUTPA is a broad consumer protection statute prohibiting deceptive practices. The Lemon Law provides specific remedies for substantial defects in new motor vehicles under warranty.

Do I need an attorney to pursue an auto dealer fraud case?

While you can file small claims actions without an attorney, complex misrepresentation, liability exposure, or large potential recoveries typically require an attorney for effective negotiation and litigation.

How much can I recover in a Florida auto dealer fraud case?

Recovery may include compensatory damages, restitution, and attorney fees in some circumstances. The exact amount depends on the facts, evidence, and applicable statutes.

Do auto dealerships have to disclose flood or prior accident damage in Florida?

Yes, misrepresentation and failure to disclose known damage can violate FDUTPA and related warranty laws. Documentation matters for proof.

Is there a difference between local and state remedies for auto dealer fraud?

Local remedies may include city or county consumer protection services, while state remedies involve FDUTPA, the Lemon Law, and dealer licensing actions.

Can I sue a dealer personally or only the business entity?

Depending on the circumstances, you may pursue claims against the business entity and, in some cases, responsible individuals. An attorney can identify proper targets based on the evidence.

Should I file a complaint with the Florida AG or a local authority?

For suspected FDUTPA violations, you can file a complaint with the Florida Attorney General and/or the Florida Department of Agriculture and Consumer Services. A lawyer can guide you on the best path.

Do I qualify for remedies if the dealer cannot fix the defect after recall or warranty?

If a defect is covered by a warranty or recall and the dealer fails to repair, you may be eligible for remedies under the Lemon Law or warranty terms. An attorney can assess eligibility.

5. Additional Resources

• Federal Trade Commission (FTC) - Auto Dealer consumer guidance and enforcement resources. FTC.gov
• Florida Department of Highway Safety and Motor Vehicles (FLHSMV) - Dealer licensing and compliance information. FLHSMV.gov
• Florida Attorney General - Consumer protection and FDUTPA information for Florida residents. MyFloridaLegal.com

6. Next Steps

1. Gather all purchase documents, including the signed contract, disclosures, vehicle history report, warranties, and any recall notices. Do this within the next week to preserve evidence.
2. Record a detailed timeline of events, noting dates of representations, promises, and repair attempts. Use this to prioritize claims in a consultation.
3. Contact the dealer in writing to request remedies such as refunds, repairs, or replacement. Set a clear deadline for a response (e.g., 15 business days).
4. Consult a Coral Gables auto dealer fraud attorney to review FDUTPA and Lemon Law options and determine potential liability and remedies. Schedule the first meeting within 1-3 weeks.
5. Evaluate whether to file formal complaints with state agencies (FDOT or AG) in addition to pursuing civil action. Your attorney can guide you on timing and strategy.
6. Decide on a litigation or settlement path based on the dealer’s response. A contingency fee arrangement with an attorney is common in many auto fraud cases in Florida.
7. Monitor deadlines and comply with any discovery or court orders. Your attorney will help you manage the case timeline and communications.