(1) A motor vehicle returned to the manufacturer pursuant to Florida Statutes Chapter 681, or similar statute of any other state, shall not be subject to transfer, lease or sale, either at wholesale or retail, by any person having knowledge of such return, unless the following conditions are met:

Terms Used In Florida Regulations 2-33.003

  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Statute: A law passed by a legislature.
    (a) At the time of each transfer of such returned vehicle, the transferor shall ensure that the transferee receives the resale disclosure form referenced at section 2-33.002(1), F.S. For purposes of this rule chapter, a “transfer” is a change of ownership by purchase, gift or any other means, including assignment of authority to a motor vehicle dealer, motor vehicle auction or motor vehicle broker to sell or otherwise dispose of a motor vehicle.
    (b) The resale disclosure form shall be signed by the motor vehicle seller or lessor, or their representatives, who sell or lease the returned vehicle to the ultimate consumer. The signature of the seller or lessor shall constitute agreement that disclosure of all information contained on the resale disclosure form will be made to the ultimate consumer prior to the sale or lease of the motor vehicle in the state where such transaction occurs. For purposes of this rule chapter, “ultimate consumer” means a person who purchases or leases a returned motor vehicle for purposes other than resale or sublease.
    (c) Prior to sale or entry into a lease agreement for a returned motor vehicle, the completed resale disclosure form shall be provided to the ultimate consumer by the seller or lessor. The ultimate consumer shall be given the opportunity to read or have read the form in its entirety and shall acknowledge same by signing the form. The seller or lessor shall provide the ultimate consumer with a copy of the completed and signed resale disclosure form.
    (d) Within 10 days after the date of sale or lease of the returned motor vehicle to the ultimate consumer, the seller or lessor shall mail a copy of the resale disclosure form containing all information reported pursuant to this rule chapter to the Department of Legal Affairs, Lemon Law Enforcement Unit, The Capitol, Tallahassee, Florida 32399-1050.
    (2) For purposes of this rule chapter, “person” shall include individuals, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations.
Rulemaking Authority 681.114, 681.118 FS. Law Implemented Florida Statutes § 681.114. History—New 6-14-89, Amended 1-25-93, 6-1-98.