Title & lien problems lawyer for Florida auto dealers
Late titles, unreleased liens, duplicate-title disputes, electronic title (ELT) failures, lien buy-backs, and FLHSMV title complaints. A title mistake is paperwork until the car is totaled, sold, or exported — then it is a lender demand, a customer claim, or both.
Title not transferred in 30 days
Section 319.23 requires the dealer to apply for transfer of title within 30 days of delivery. Late titles are the most common FLHSMV complaint against dealers and a § 501.976 per se violation in consumer suits. We defend the complaint and fix the process.
Missed, late, or unreleased liens
When the lender’s lien is left off the title application, the lender is unsecured and the dealership is exposed to a forced buy-back. When a prior lienholder will not release a lien on a trade-in or an auction purchase, the dealer cannot deliver title. We handle the lender’s demand, the lien-release dispute, and the recovery against whoever caused it.
Branded, salvage, rebuilt, and export titles
Disputes over rebuilt and salvage brands, vehicles exported on defective titles, title-washing allegations, and disclosure claims tied to title history.
Trade-in payoffs, open titles, and duplicate titles
Late trade-in payoffs, payoff shortfalls, title jumping and open-title allegations, and duplicate-title applications produce a predictable set of complaints from customers, lenders, and FLHSMV. We resolve them with the lender and the customer, and where the dealership was the victim — a customer who misrepresented the payoff or kept the plates — we pursue recovery.
Temporary tags
Temporary tag limits and record-keeping under chapter 320 and F.A.C. 15C are a frequent FLHSMV audit target. We defend the complaint and audit the tag log.
Frequently asked questions
A customer is complaining that they have no title after 30 days. What is the dealer’s exposure?
Failing to apply for title transfer within 30 days violates § 319.23 and is treated as a per se unfair practice under § 501.976, which supports a FDUTPA claim with attorney’s fees, and it is a common basis for FLHSMV administrative complaints. Fix the title immediately and document why it was late; then let counsel handle the complaint.
The lender says our titling department left its lien off the title and wants us to buy back the contract. Do we have to?
Usually the dealer agreement requires the dealer to perfect the lender’s lien and to repurchase or indemnify if it does not. Whether the demand is enforceable, and for how much, depends on the agreement and on what happened to the vehicle. Recovery against the customer is often available.
We bought a car at auction and the prior lien was never released. What can we do?
Auction policies, the seller’s title warranty, and Florida’s lien-satisfaction rules give the dealer several routes: auction arbitration, a claim against the seller, and a lien-release demand to the lienholder. The right one depends on timing and on the auction’s rules.
Can a dealer be sued for title jumping in Florida?
Yes. Selling a vehicle on an open title without taking title in the dealer’s name violates chapter 319 and § 320.27 and is used in consumer claims and FLHSMV complaints.
Lender demanding a buy-back? Customer claiming a title problem?
Send the deal jacket and the title history. These resolve faster with the paper in hand.