Law Office of Dana L. Manner, PL - Miami, Florida
Consumer Advocate Attorney - (305) 285-9495

Portions of this post were originally published in the Florida Bar Journal November, 2012 Volume 86, No. 9, “Lender Liability for Merchant Misconduct in Consumer Transactions” and are excerpted here with the permission and generosity of the author Ian Forsythe of Hilyard, Bogan & Palmer, P.A. Example: Car buyer purchases a vehicle from a motor vehicle dealer, and finances the [...]

As reported on the Mannerlaw Blog earlier this year, on May 11, 2012 the Florida DMV issued a notice to tax collectors and license plate agencies and car dealers making it mandatory for Florida licensed motor vehicle dealers to enter the net selling price of the car prior to the completion of a title transaction. Implementation of this procedure [...]

Here’s an amusing video published by FADA regarding Florida dealer non-compliance with car financing laws. Fast-forward to 0:56 to see the police detective pointing a finger and interrogating the hapless F&I manager. Detective: “You’re not issuing the appropriate notice of credit denial. Your Buyer’s Order does not comply with Chapter 501.” F&I Manager: “You’ll have [...]

After an investigation of the now defunct Bill Heard Chevrolet CASE NO. L06-3-1135, the Florida Attorney General, in an “Assurance of Voluntary Compliance” agreement made the following interpretations about the law of spot deliveries in Florida: Pertaining to Spot Deliveries, Respondents [Bill Heard] shall comply with The Truth in Lending Act (TILA). 15 U.S.C. § 1601. Respondents will not [...]

On May 11, 2012 the Florida DMV issued a notice to tax collectors and license plate agencies and car dealers making it mandatory for Florida licensed motor vehicle dealers to enter the net selling price of the car prior to the completion of a title transaction. Currently, the DMV database has fields to provide this information; however, it is [...]

The maximum amount of interest, or the highest interest rate (APR) allowed by law in Florida on used car loans is governed by Florida Statutes 520.08 – “Finance charge limitation.” The statute provides for a sliding-scale of increasing interest rates allowed, depending on the age of the car at the time that it is sold or [...]

As mentioned in an earlier article, Effective January 1, 2013 Florida will require electronic titles and liens for motor vehicles, however, there will remain a need for paper titles in order to comply with odometer disclosure requirements of the Federal Odometer Act. A PAPERLESS FUTURE? “Going Paperless” will require the Florida Department of Highway Safety [...]

Florida House Bill 1223 which contains numerous changes to highway safety and motor vehicle laws administered by the Florida Department of Highway Safety and Motor Vehicles was approved by the Governor on April 27, 2012 and becomes law on January 1, 2013. The new law amends numerous sections of the Florida Statutes. However, the focus of this article [...]

May 14, 2012 – James Michael Dorman has been arrested on charges that he stole more than $48,218 in sales tax he collected from customers, but failed to send in to the state, the Florida Department of Revenue announced. Dorman was the former owner of JNF Used Auto Sales, LLC, 700 North State Road 7 [...]

In a State of Florida, when a repo man is confronted by a physical objection of the car’s owner, that the repo man must “retreat” and go away, contrary to what you may have seen on some recently popular “repo” reality TV shows. A “self-help” repossession (i.e. a repo done without a court ordered Writ of Replevin) [...]