Opportunity to Cure: SB 456 (2005)
Provided that no action may be brought until the consumer
Provided that no action may be brought until the consumer has informed the seller or lessor in writing and by certified mail of the alleged violation and provided the seller or lessor 20 days from receipt of the notice of violation to make a cure offer. The consumer shall have 10 days from receipt of the cure offer to accept the cure offer or it is deemed refused and withdrawn. If a cure offer is accepted, the seller or lessor shall have 10 days to begin effectuating the agreed upon cure and such must be completed within a reasonable time. Any applicable statute of limitations shall be tolled for the 20-day period or for the period of time the effectuation of the cure offer is being performed, whichever is longer. Nothing in this section shall be construed to prevent a consumer that has accepted a cure offer from bringing a civil action against a seller or lessor for failing to timely effect such cure offer. Where an action is brought, it shall be a complete defense that a cure offer was made, accepted and the agreed upon cure was performed. If the finder of fact determines that the cure offer was accepted and the agreed upon cure performed, the seller or lessor shall be entitled to reasonable attorney’s fees and costs attendant to defending the action. No cure offer shall be admissible in any proceeding unless the cure offer is delivered by a seller or lessor to the person claiming loss or to any attorney representing such person prior to the filing of the seller or lessee’s initial responsive pleading in such proceeding. If the cure offer is timely delivered by the seller or lessor, then the seller or lessee may introduce the cure offer into evidence at trial. The seller or lessor shall not be liable for such person’s attorney’s fees and court costs incurred following delivery of the cure offer unless the actual damages found to have been sustained and awarded, without consideration of attorney’s fees and court costs, exceed the value of the cure offer.
Latest News
View all news
More Work Remains on Tort Reform
This letter-to-the-editor was originally published by The Herald-Dispatch in Huntington, WV. West Virginia was a mainstay on the American Tort Reform Foundation’s “Judicial Hellholes®” list for nearly 20 years, finally […]
Fla.’s Legal Reform Package Makes It a Judicial Hellholes Point of Light
These strong but fair laws will solidify Florida as a model of a forward-looking state with a judicial system that is transparent, fair and accountable for all.
Lawmakers Denounced for Pushing Punitive Damages in Last-Minute Amendment
Illinois Businesses Brace for Increased Costs and Diminished Appeal as Trial Bar Pushes for Punitive Damages in Wrongful Death Cases
ATRA President Tiger Joyce on WFLA-FM Tallahassee
ATRA President Tiger Joyce discusses Florida’s 2023 legal reform successes with Preston Scott on WFLA-FM Tallahassee.
Florida Named Judicial Hellholes Point of Light, DeSantis’s Efforts Praised
2023 legislative session resulted in landmark legal reforms, ATRF says
New Florida Bill to Regulate Misleading Legal Services Ads on Pharmaceutical Drugs and Medical Devices
ATRA’s Latest Data Reveals $271.8 Million Spent on Legal Services Advertising in Florida in 2022; Florida Accounted for Nearly 20% of Radio Ad Spending Nationwide