Consumer Protection Law
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Dear Customer, thank you for choosing Just Answer. I would like to assist you with your legal question today.
You are describing a case of fraud.
The seller has misrepresented a material fact about the vehicle (or failed to disclose a material fact despite the fact that you were purchasing with the known reliance on this fact - "fraud by concealment"). This is fraud. You have rights to return of the purchase price of the vehicle (compensatory damages), plus potentially "punitive damages" or additional money in a judgment against the seller for their intentional wrongdoing.
If you wish to pursue this matter, you may do so either in Maryland or in Florida (the dealer's decision to sell vehicles through the internet makes Maryland a viable forum - although a judgment would be free from what is called "collateral attack" on personal jurisdiction grounds if you sue in Florida, regardless as to whether the attack is legitimate or not).
If you wish to seek an attorney in Florida, I cannot give a direct referral, but you can find one through the Florida State Bar website at: https://www.floridabar.org/tfb/TFBConsum.nsf/48E76203493B82AD852567090070C9B9/EC2322E512B83D1E85256B2F006CC812?OpenDocument; Martindale Hubble; or AVVO You will be looking for a civil litigation attorney.
I hope that my answer was of assistance to you. My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions. Please remember to rate my service once you have all the information you need. Thank you for your business!
Were do I stand with Florida Law on the disclaimers below? is of the web site on the ad. And the other is the one they made me sign when I bought the car.The one that I signed has the same vin number on it as the e bay web site , and is the wrong vin number by one digit! It is wrong by one digit from the rest of the paper work for the car. as per > 4Z69P< instead of >4269P<
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One I signed when I bought the car.
And this document has the wrong vin number on it not same as tittle and e bay web site.
Good afternoon Bill,
My question to you is about the the document I signed waiving my right to venue. The document describes the car being a 1964 ford Galaxie vin. number 4269P118517 this is the same vin. number as on the e bay site. But the Tittle and the car in question that I have in my possession the vin. number is XXXXX
So my question is how does Florida law look at this law wise?
The document I signed in my mind is not for the car I have here in my possession , would this not make the document void as far as my having to go to Florida for arbitration, and not to a real court ?
As far as the defects are concerned none of them are noticeable in the photo's on e bay. I'm believing they are photo shopped.
I am confused here, Its not a claim that I am looking for here. As you have stated its a case of fraud. That is a crime and that can not be handled by arbitration, but only in a real court setting.. for a crime is punishable by law .
What I am looking for is the return of my money I paid for the car and return the car that was sold to me by fraud by concealment , which would make it a crime that would have to be heard by a court and not a arbitrator.
As I was saying I am not disputing any part or any problem here with the car other then is was totally misrepresented which I would think is a breach of contract in the first place by the dealer.
Dear Customer, I am actually talking about a civil cause of action for fraud, this is how you will get your money back. This matter is unlikely to be considered a criminal one, and your rights for compensation can be handled in arbitration. There are many arbitrators who are very talented and provide excellent service. As you are already considering hiring local counsel, an attorney familiar with local arbitrators can help pick a favorable one to improve your cause.
I would add that the contract you sent me does have an attorney's fees clause meaning that if you win, you will get your attorney's fees back in addition to the other damages.
Hello again Bill,
Question, about Florida law, Can I not just sue the dealer for fraud and not the car, but use the car as evidence ???
Would that mean that I can sue the dealer in Maryland since the fraud happened here ?
I have a question for you.
The car in question is mine now, what I want to do is list it on ebay for sale, and use the photo's and the write up that the dealer used when they sold me the car on ebay. The purpose , is showing what I bought and the write that came with it showing the car as it was bought from them. Is this against Florida or any other law? I want to show the car with the photos' as I bought it and also with the photo's I have taken here.
Please advise, and also thank you very much for all the valuable information you have provided.
Sorry for being such a pain, but i need your apinion on this.
I will get back with you Steve, in the next few days after I receive my report from a repeatable automotive restoration company as to the real condition of this car that you claimed is restored and there opinion on when or even if it ever was restored. And the break down of all the problems with this Galaxie along with there estimate of cost.I will be leaving my feed back for eBay, tomorrow in detail. Along with please call me before bidding along with my phone number. If you do not make your wrong doing correct, it will leave me no choice other then to list this car on ebay along with were it came from with the misrepresented discretion's along with all your photo's, along with the real photo's of this car taken here and the inspection report from a reputable restoration company. I will list it for a year if i need to unless it sells. Likely chance i am sure.In the mean while I will research any and all legal actions.
Is that in line with the law?
Good morning Bill,
Thank you very much for all your help, I do have 1 more question.
The car in e bays listing at the top were you have to fill in what your are sell need the description of the car, like make,v8 automatic color, mileage Vin. # XXXXX so on other wise e bay will not list your ad.
The Vin that is listed in the listing is 4269P1234 .
the Vin on the tittle and the car I have is 4Z69P1234.
How does the Florida law read on this ???? I am sure its a typo but then again in my mind it would make it not the car as described nor the car I bought .
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