My name isXXXXX a licensed attorney. Glad to try and help out.
No, unfortunately this isn't allowed, as follows. Most states are "one party consent" jurisdictions, meaning as long as one party to the conversation is privy to the recording (which requirement can be fulfilled by the recording party being aware), it's lawful. But, I regret to say Florida is among the minority of "all party consent" jurisdictions, meaning consent of the dealer would be required. I would love to say otherwise, but I felt you deserved a truthful and accurate answer. I just don't want to do you the disservice of lying or misleading you.
If you have a follow-up question or need clarification, please just say the word by using "reply" to reach me.
I hope all works out for you.
So is there anything I can do to make sure they don't deny the agreement happened? It was more than a verbal agreement considering I signed something, but they just didn't give it to me... I also had someone with me when it was made if that helps matters
Hello again Lissa,
Thanks for writing back..great to hear from you!
Your original question was whether you could record the conversation. The law doesn't allow that, as I stated, but having a witness is very helpful. In fact, in a jurisdiction which doesn't allow for recording, it's the very best thing you can to protect yourself. Another option would be to ask for permission to record. Also, you should definitely contact the dealer and demand a copy of the argument. If they refuse, you have more than enough reason to file a consumer protection complaint.
Hope that helps some more and that all goes smoothly!
I guess the better question would have been what are my options for this situation. If they deny the option for me to record or agree and they state that the agreement was never made. What can I do then?
Hello there Lissa,
Sure, logical question, and the good news is that fortunately a free remedy exists. In the event that happens, you would file your complaint with the Florida Attorney General. You can do so electronically without even having to leave home:
In the case that they do deny the agreement, would doing a complaint form be better than getting a lawyer? Isn't there some kind of statute of limitation on rescinding a car lease? Considering I wouldn't want to keep leasing with such a dishonest company...
Yes, a letter from legal counsel is certainly fine. The complaint process is free of charge and the Attorney General enjoys the statutory authority and jurisdiction to investigate. Retaining a private attorney and pursuing litigation often ends up costing more than the value of the vehicle. If you're agreeable to pay the legal fees, however, nothing prohibits you from going that route as opposed to the consumer protection process.
No, there is no right to rescission (sometimes also erroneously called a cancellation right, cooling off period, 72 hour cancellation right, three day cancellation right and so forth). This is a common misunderstand or myth, but it simply does not exist under such circumstances, regrettably.
I shall be off line over the weekend, but I want to take this opportunity to wish you a good one and a Happy Easter!
I understand that there is no kind of buyer's remorse thing. I just meant since there was misrepresentation and possibly them trying to get out of part of the deal.
I'm sorry I keep asking questions, but all your answers lead me to more. lol
Have a Happy Easter yourself :)
No problem -- I know exactly what you mean about a question raising a question!
For misrepresentation it would certainly be worth having the case evaluated on the merits. Here's a thought. You could actually do this for $25, which is an incredible bargain, through the most trust resource (State Bar):
Florida Lawyer Referral Service
And thanks for your holiday wishes, too!
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