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Good evening, My question is as follows, I bought a car from

a Florida dealer as is...
Good evening, My question is as follows, I bought a car from a Florida dealer as is based on there E bay advertisement, stating the following, Simply beautiful 1964 Ford Galaxie XL 500 Convertible runs drives as new sweet,1964 Galaxie XL 500 Convertible,390 CI /325 HP V-8 engine,c6 automatic transmission.Power steering.Power disc brakes,Working factory AM/FM radio,New tires,New Torgue Thrust wheel New power top Bucket seats,Console.

beautiful

What a stunning, simply beautiful 1964 Ford galaxie xl 500 convertible. This car is sure to go up in value being what I think to be one of the most amazingly well maintained ones you will ever find being sold. The red color with white inside is to be so outstanding, but please call inspector and let then tell you this is one outstanding car that drives as new.Even the interior in this car is beautiful, This car is restored, and beautiful as you can see in pic 's below. Interior is very clean and as new, Tires and wheels are in great shape . Car runs and drives great. This car is truly, in my mind, one of the best for sale anywhere at this price and drives like it looks . THIS IS ONE MAGINIFICENT AUTOMOBILE THAT IS TRULY READY TO ENJOY.
THE BEST YOU WILL EVER FIND FOR THE MONEY.Everything is a lie. The write up, right don to the pictures, they look to be photo shop photos, for the do not reseamble the car I recieved yester. How does stand with Floria Law ????/
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Answered in 2 hours by:
7/29/2013
CalAttorney2
CalAttorney2, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 10,244
Experience: I am a civil litigation attorney representing individuals and businesses.
Verified

CalAttorney2 :

Dear Customer, thank you for choosing Just Answer. I would like to assist you with your legal question today.

CalAttorney2 :

You are describing a case of fraud.

CalAttorney2 :

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.

CalAttorney2 :

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).

CalAttorney2 :

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.

CalAttorney2 :

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!

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Customer reply replied 4 years ago

Good morning,


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<


 


Web site disclaimer


AS IS - NO Warranty: Note this and all classics sold by us on ebay or our website are as/is where is. The information, products, and services published on this web site may include inaccuracies or typographical errors. We make no representations about the suitability of the information, products, and services contained on this web site for any purpose. All such information is provided "AS-IS" without warranty of any kind. We and/or our respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. We and/or our suppliers will not be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any connected with the use of this site or with any delay or inability to use this web site, or for any information obtained through this web site, or otherwise arising out of the use of this web site, whether based on contract, tort, strict liability or otherwise, because some states/ jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. The above limitation may not apply to you. If you might have any questions about anything on this page please call numbers above we would be glad to help.


 


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.


Please advise.


 

Dear Customer,

A disclaimer cannot waive an express misrepresentation. The statements you identified in the advertisement do not match your description of the vehicle.

The waiver (the document you signed) may create an issue if the defects are very obvious, but this is not necessarily a bar to your claim.

Your venue will be Polk county and through arbitration (which may be beneficial as it is often less expensive).
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Customer reply replied 4 years ago

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.


 


 

The venue and forum choices are likely still valid. Florida is a state that has a particularly strong public policy favoring the use of non-judicial remedies. The fact that the wrong vin is on the document may play in your favor, but the statements in the advertisements description are the strongest misstatements I can see from your description.
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Customer reply replied 4 years ago

Hello Bill,


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.

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Customer reply replied 4 years ago

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 ???

Yes, you are suing under a cause of action for fraud. The car is evidence.
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Customer reply replied 4 years ago

Hey Bill,


Would that mean that I can sue the dealer in Maryland since the fraud happened here ?


 


Mike

You can, but I would advise that you sue in the venue that you agreed upon in the contract. You run a high risk of getting a judgment of no value if it is successfully defeated on the grounds of venue. The decision is yours and I cannot practice law through this site, but an action in Maryland would be a highly risky venture when you have a decent case. Remember litigation is inherently an unsure venture, and you need to measure your risk carefully.
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Sue the dealer in Florida. If is inconvenient, but it will bolster your case.
Ask Your Own Consumer Protection Law Question
Customer reply replied 4 years ago

Good afternoon Bill,


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.


Mike

You can advertise the vehicle using the same photos and information, so long as you make it clear that the vehicle's condition is not something less than what you are advertising. Just as the dealer is liable to you for an affirmative misrepresentation, you would be liable for misleading a buyer to believe the vehicle was in a better condition than it is. You do not have a duty to disclose all defects and you can tell potential buyers to inspect the vehicle prior to purchase to assess actual conditions, but as long as you are not advertising it as being in better condition than it actually is. (The car is in "pristine" "immaculate" "like new" condition, you can specify interior etc. But do not actively mislead your buyers).
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Customer reply replied 4 years ago

Hello Bill,


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?


 


 

Please keep in mind that I cannot give you advice on strategy or a specific course of legal action (I understand you are not asking, but a request for a review of your specific proposed language requires the additional disclaimer).

Your proposed language does not violate any laws, it is a clear and specific statement of your intent to exercise your legal rights. There is no prohibition against sending this.

Again, I do hope that your seller will make this right.
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Customer reply replied 4 years ago

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 .

This discrepancy would likely be deemed "immaterial" as to the purchase. Unless the VIN itself was a significant reason for you to purchase that particular vehicle, that would not be considered a significant factual issue as the vehicle was described with sufficient specificity so that there was no confusion as to which vehicle was being sold or purchased.
CalAttorney2
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Satisfied Customers: 10,244
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