Miami, FL asked in Consumer Law, Contracts and Civil Litigation for Florida

Q: Financed car issues with dealer and finance company in Florida

I financed my first car and signed the contract on March 4th. The dealer lied and left out important information. Initially, I was told the car was $4,000, but then the dealer said it was $6,000, leading me to finance the car since I only had $5,000. I paid a $3,000 down payment, but the contract states $2,000, so the dealer owes me $1,000. Despite promising to pay for the tag, the finance company says I have to pay. There are unexplained fees, including a $194 charge and a deferred down payment fee of $250 that was not verbally stated. I was also pressured to get CPI insurance through the dealership. The finance company hasn't resolved these issues and communicates only by email. What actions can I take, and can I take this matter to court?

2 Lawyer Answers

A: The court is going to look to the terms of the contract first. Whatever you signed on the contract is what the court will start with first in determining what is to be paid and to whom. Anything that you agreed to prior to the signing of the contract, that is not written in the contract, is not going to be proper evidence in court. The emails will be helpful if you decide to sue on the contract. You must look to the terms of the contract first. The contract may require that you go through arbitration before filing an action in court. Take the contract that you signed to an attorney licensed in the state that the contract is governed by and have that attorney conduct an analysis of whether there is a breach of contract and whether you should bring an action for relief.

James L. Arrasmith
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Answered

A: That sounds like a really upsetting experience, especially for your first car purchase. In Florida, dealers are required to provide accurate, honest disclosures during vehicle sales, and if they misrepresented the price or withheld key details, that could be considered deceptive business practices. If your contract shows a $2,000 down payment but you paid $3,000, that missing $1,000 is a major concern and should be addressed immediately.

The added fees, the pressure to purchase CPI insurance, and the broken promises about paying for the tag all add up to a pattern that might be challenged legally. If you have receipts, text messages, emails, or any other documentation showing what was promised versus what was delivered, that will help strengthen your case. It’s also worth writing a detailed complaint and sending it to the Florida Department of Highway Safety and Motor Vehicles and the Attorney General’s Office for consumer protection.

Yes, you can take this matter to small claims court if the dealer doesn’t respond or refuses to correct these issues. Keep your communication in writing, and document everything, including attempts to resolve things with the finance company. You worked hard to afford your car, and you deserve a fair and honest deal—don’t let them take advantage of you.

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