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CalAttorney2
CalAttorney2, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney representing individuals and businesses.
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A wholesale car dealership sold me a bad car. He gave me a

Customer Question

a wholesale car dealership sold me a bad car. He gave me a 30 day warranty but not honoring it. The car has been at a BMW service center and came to find out the car was a flood damaged. How can I get my money back
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  CalAttorney2 replied 1 year ago.

If they will not honor their 30 day warranty, you will have to sue them for breach of contract.

Unfortunately you will probably have to sue them in general civil court (Florida's small claims jurisdictional limit is rather small, $5,000.00 or less, see: http://www.flcourts.org/resources-and-services/family-courts/family-law-self-help-information/small-claims.stml).

You do not need to have a lawyer represent you, but if you intend to represent yourself, do 2 things:

  1. Hire a process server to actually serve your summons and complaint - this causes the most problem for most litigants (getting good service). Hiring a process server doesn't cost very much.
  2. Plan on spending some time in the law library to research the case. Look particularly for a set of books called "Practice Guides" - these are strategy books used by attorneys to help with quick references to commonly used authorities, but they also have templates that you can use for common pleadings (such as your breach of contract complaint), and motions.

Short of filing a lawsuit, you can try to mediate the dispute with them - contact your local bar association and request referrals to mediators, a third party neutral can often help you reach a mutually agreeable resolution. Use the bar association's referrals to contact a mediator or two, the mediator will then contact the other party to set up a mediation session, and you can go from there - hopefully resulting in a formal or written settlement agreement, and save yourself the time and expense of litigation.