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I have 2 questions. First, is regarding consumer protection.

Good morning, I have 2 questions...
Good morning,
I have 2 questions. First, is regarding consumer protection. I was dumb enough to purchase 1984 boat from an individual who claimed that boat was running a few years ago and could be easily fixed. After I paid a deposit on it and brought in mechanic it turned out that I'm in over 10k of engine repairs alone. So far I've paid only $1750. I've got myself in a tight position and might have to file for chapter 7. Is there any way I can recover that 1750, I've also done a lot of work on the boat already.
Second Q regarding Landlord tenant, bankruptcy and violation by landlord statue 83.67 (self-help) denial of entry and electricity off.
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Answered in 2 minutes by:
8/16/2017
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 6,034
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today. Do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. Additionally, Most people believe a phone call is the easiest and most efficient way to handle problems. Accordingly, you will receive an automatic phone call request. If you would like a phone call, please click “Accept” when prompted.

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Customer reply replied 3 months ago
Good morning,
Is there an extra charge for a phone call?
Customer reply replied 3 months ago
ok, we can chat
Customer reply replied 3 months ago
I've tried to describe my situation briefly in my Q, but basically what can I do with the boat first.

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a

nearly 100% satisfaction rating so all that means is that you can count on me to help today. I'm very sorry to hear about your situation. There seems like you have a couple of courses of action here. The first cause of action is that you may be able to sue this individual for fraud. Fraud occurs when somebody makes an intentional misrepresentation world mission for their own personal financial gain. If this individual the same that the boat could be easily fixed come up with it resulted in $10,000 worth of engine repairs, then it is possible that they defrauded you.

In addition, you may have a cause of action for a breach of the implied warranty of Fitness. Implied warranty of Fitness simply says then anybody that sells a product in your state is going to Warrant that the product is fit for this particular purpose. If the boat has so many repairs that wereneeded, then it is likely that you may be able to sue the seller. You may want to consider just writing a formal demand letter requesting your $ back. There’s a site that I’ve used in the past where you can find a good template for a demand letter (click here). It only costs $10 and it is way cheaper than litigation.

As far as your second question, would you be able to clarify for me?

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Customer reply replied 3 months ago
It 's been 2 month that I'm trying to basically return the boat to him, but his very slick, always comes up with something. If demand letter doesn't work, wht's next?
Customer reply replied 3 months ago
what are the chances of me getting my money back?

Sometimes a demand letter will work, sometimes at the man that won't. However, if the other person believes that it is in their best interest to not fight this out with you, and they will go ahead and write you a check. If they do not do so, then you may be able to go through an informal mediation, you could simply Google mediators in your area and then request the other party go through mediation with you, or you can sue them in small claims court or Superior Court. It's difficult to say whether you would get your money back from this individual without having to go to court, but if you put in your demand letter that you have a couple courses of action that a court would agree with you on, then they may realize it's not in their best interest to fight you on this.

Did you have any other questions for me?

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Customer reply replied 3 months ago
Regarding the second question,
I'm renting an apartment from association in broward county. They've created a situation were I became late on rent and turned off electricity and denied entry few times I had to call the police.
But now I've got financial problems and might file for chapter 7,
The question is can I sue association for braking those statues in 6 month or a year after I move out.
Customer reply replied 3 months ago
Thank you, ***** ***** read a response to my first Q.

You are welcome. I'm sorry to hear about your situation regarding this Association. The answer to whether you can sue the association for shutting off your electricity and deny you entry based on late rent payment since yes. Generally, landlord and not allowed to “self-help eviction procedures,” Which include shutting off the electricity, water come or lock on a person down. In addition, when it comes to turning off the electricity, this appears to be a violation of the implied warranty (promise) of habitability. All residential leases and rental agreements contain an implied warranty of habitability. Under the "implied warranty of habitability," the landlord is legally responsible for repairing conditions that seriously affect the rental unit's habitability. If they're the ones that are causing the power outage, then they are definitely violating the implied warranty of habitability in addition to using illegal self-help eviction procedures. You may be able to recover in a small claims court for the amount that you were damaged.

If you want to avoid going to court and 2 help facilitate the situation, you may want to click here to download a “Complaint to Landlord” template. The template only costs $10 and the company that owns the template sends it securely in an email usually 1-2 business days after your purchase.

Did you have any other questions for me?

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Customer reply replied 3 months ago
They've tried to evict me legally but did not agree to my settlement terms. If, or I should say when I file for chapter 7 all my claims will be with the trustee for 180 days as I understand. The main question is when I come out of the bankruptcy can I bring this claim to the association, let's say within 1 year?

Yes. the statute of limitation is one year in FL I believe, but you don't have to wait until your bankruptcy is done before you bring the action.

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Customer reply replied 3 months ago
One year from the first incident, or where does one year starts?

One year from the latest incident.:-)

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Customer reply replied 3 months ago
Last Q, where can I look up this statute?

Good question. If you click here, you can see a common sense of explanation from a trusted source.

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Customer reply replied 3 months ago
I'm sorry
One more Q, I need to get FPL records, the account is on association name and over the phone FPL can't tell me anything. How can I subpena those records, I need to show on the chart when elecytricity was turned off by association.

Sure. If you were to file a lawsuit, you could request through the court that the records be sent to you. You would send that request over to the association and they'd have to turn them over. It's a bit further in the process, but it's called "discovery" and it's how you get documents just like the ones you are asking for.

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Customer reply replied 3 months ago
Thank you very much. I appreciate your advise.

The pleasure is all mine! Further up on the you should see a chance to give me a rating. 5-stars are always appreciated, but it is definitely not required! You can also click here in the future to request me individually. Don’t forget, if you haven’t already, you can always sign up for a membership with Just Answer and start asking more questions on the cheap.

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Thank you so much for the positive rating!

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