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On Friday afternoon I purchased a used 2002 Honda Civic from…

On Friday afternoon I...

On Friday afternoon I purchased a used 2002 Honda Civic from a private dealer for $2500.00, This dealer is operating out of his home and is able to print temporary Florida 30 day tags on his computer. The dealer stated that the car was in good running condition. The car looked amazingly good shape inside and out, I let my grandson take a short test drive and all appeared ok, we went to his home where I gave him the money in cash, he stated we would have to come up with an additional $426.00 for the Fla taxes and registration and permanent tag for the vehicle, my grandson followed me home approximately 8-10 miles and got separated by a traffic light, when he finally made it home he said the vehicle could not go any faster then 30mph and he had to depress the gas pedal to the floor to get up to that speed. There was nothing we could do because it was after 5, so we planned to take it to Pep Boys auto repair to see what was up. On our way to repair shop the next day the engine died and had to get 2 police officers to help push car into the median. I called a tow truck and had car towed to Honda dealership. After inspecting vehicle the transmission was gone, it also had cracked oil pan, both struts broken in front and both window motors were broken. In short it would take over 10000.00 to make this vehicle road worthy. Is there any recourse for me because I am certainly not going to give this man one more cent, and I don’t have a title??? HELP

Lawyer's Assistant: What state is this in? And how old is the car?

Florida and it’s a 2002

Lawyer's Assistant: Has anything been filed or reported?

This guy has issued a 30day temporary tag on his computer

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Since no title has been given to us , can we have the car towed back and ask or demand a refund. His add stated vehicle was in good running condition

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Answered in 2 minutes by:
3/11/2018
Gerald, Esq
Gerald, Esq, Attorney
Category: Consumer Protection Law
Satisfied Customers: 5,114
Experience: Over 30 years of experience
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Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

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I am working on your answer now. I am sorry for the delay. It takes some time to prepare a complete answer. Please note the phone call requests are generated automatically from the system. I do not control them.

Thank you for your patience and understanding.

Kind regards,

Gerald

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Hello,

Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow-up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

Florida does not have a used car lemon law. Also the 3 day right to cancel a contract s limited to only certain sales (Mostly in home solicitation). So whether or not you have protection depends on whether or not the dealer sold the car with a written warranty or sold the car with a written "as is" declaration, or did not give any written paperwork regarding a warranty.

If the car was sold with a written as is declaration , you are going to have a difficult time getting your money back.

If there is a written warranty then the dealer is obligated to honor that warranty.

If there was nothing given to you in writing then you have two grounds to complaint:

1) Violation of the "Implied Warranty" of mertchantability. This is a law that requires that goods that are sold are warranted at least for the purpose they wer sold for.

2) Fraud. This is because he told you the car was in good shape and it was not.

You can contact the dealer and see if he will make the situation right. If he refuses you can file a complaint with the Florida Attorney General and you can sue in small claims court. BUT if you have a written "As Is" sale document then you are pretty much stuck.

See:

http://www.myfloridalegal.com/#

https://www.law.cornell.edu/ucc/2/2-314

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow-up questions, feel free to ask.

If you ask a follow-up question and I do not respond immediately, it is because I am temporarily unavailable. I promise to respond as soon as I return. Please note that I am often unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but helps me greatly. Thank you.

If you are dissatisfied with my response, PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or, if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you, and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

Gerald, Esq
Gerald, Esq, Attorney
Category: Consumer Protection Law
Satisfied Customers: 5,114
Experience: Over 30 years of experience
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