Deland, FL asked in Civil Litigation, Contracts, Lemon Law and Small Claims for Florida

Q: A month ago I attempted to purchase a vehicle. Gave a $2000 down payment and was told I was approved but yet no contract

2 days after taking vehicle home, found out it needed a transmission. My salesman literally blocked me and my family from contacting him. So i filed a complaint with the Department of Motor Vehicles. 30 days later, expired tag, car doesn't move <haven't moved since dealership service center and 2 other mechanics told me it needs a transmission> now the dealer is threatening to file charges on me stating I didn't give them accurate information. I just want my money back and they can take their car. I have no loan documents, car doesn't work and I have no car. I cant even get an extended warranty because the car isn't registered to me and its already on file that there is an issue with the vehicle. Do I need an attorney? Can I just file the civil fees for my money back? The caseworker handling my case with the state motor vehicles has said they didn't handle it correctly but has to finish investigating.

1 Lawyer Answer
Charles M.  Baron
Charles M. Baron
  • Hollywood, FL
  • Licensed in Florida

A: You didn't ask a question, but I suppose you are asking, "Can I take legal action against the dealer?" In your situation, you can't get a quick answer on-line. You must sit down with an attorney who will review all your documents related to the transaction and discuss the details of the communications with the dealer. The attorney will determine if the dealer has committed fraud, breached a contract, and/or has committed a violation of the Florida Deceptive and Unfair Trade Practices Act. Look for an attorney who handles consumer or contract cases in your geographic area.

Bruce Alexander Minnick agrees with this answer

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