How a Dealer Sale Travel Trailer Sale Works in Florida
A dealer sale involves a licensed vehicle dealer selling to a private buyer. Dealers are regulated at both the federal and state level and must comply with requirements that do not apply to private party sales.
Seller responsibilities
Licensed dealers are required by the FTC Used Car Rule (16 CFR Part 455) to display a Buyers Guide sticker on every used vehicle offered for sale. This sticker discloses whether the vehicle is sold "as-is" or with a warranty, and what systems are covered. Dealers must also collect and remit applicable state sales tax on the transaction.
What buyers need to know
Buyers purchasing from a licensed dealer may have access to state lemon law protections, depending on whether the dealer offered a warranty. The implied warranty of merchantability under UCC applies unless the dealer specifically disclaims it in the Buyers Guide. Request a copy of the Buyers Guide, any warranty documentation, and vehicle inspection reports.
Legal requirements in Florida
Dealer-generated bills of sale often include additional disclosures beyond a private party document. The document must identify the dealer's license number in most states. Financing through the dealer triggers Truth in Lending Act (TILA) disclosure requirements, including APR, total finance charge, and payment schedule.
Key facts for dealer sale transactions
- FTC Used Car Rule requires Buyers Guide on every used vehicle
- Dealer must collect and remit applicable state sales tax
- Lemon law protections may apply if dealer provided a warranty
- Implied warranty of merchantability applies unless disclaimed in writing
- Dealer license number must appear on the bill of sale in most states
Florida Dealer Licensing Requirements
- Dealers must hold a valid Motor Vehicle Dealer License issued by the Florida Department of Highway Safety and Motor Vehicles (DHSMV).
- Florida recognizes multiple dealer license types: Franchised Motor Vehicle Dealer (MV), Independent Motor Vehicle Dealer (MV), and Wholesale Motor Vehicle Dealer.
- Independent dealers must complete the DHSMV pre-licensing education course before applying.
- All dealer sales require completion of HSMV 82040 (Application for Certificate of Title) and HSMV 82994 (Secure Power of Attorney).
- Florida does not have a state income tax, but dealers must collect 6% state sales tax plus applicable county discretionary surtax.
Florida forms and documents
- HSMV 82040 (Application for Certificate of Title)
- HSMV 82994 (Secure Power of Attorney)
- HSMV 86072 (Rebuilt Inspection)
Florida Statute Chapter 320 governs motor vehicle dealer licensing. Operating as an unlicensed dealer (selling more than two vehicles in a 12-month period without a license) is a third-degree felony in Florida, punishable by up to five years in prison.