Q: Can I sue a Moving Broker for deceptively misleading me and withholding my deposit of $700.
The Broker assured me the space available (291cf) on the moving truck would fit my (12 furniture items). On the day of the move the Movers stated I did not have enough space and would need to purchase more (600 CF). The broker was asked if I had a sufficient amount of space prior to signing the agreement. The transaction that transpired the day of my move was a bait and switch, costing additional funds to personally move my items. The movers never touched or moved any furniture yet my broker states I cannot get a refund of my $700 deposit.
I called the broker to advise him of all the confusion he had caused and was told advising the customer that the Final price of their move is determined by the moving company upon review of my items and the price would change if the items were larger was not something he needed to tell the customer.
A: The broker's liability mainly depends on the written contract terms. If your dispute is over $700, I suggest you first contact a government agency handling consumer complaints, such as the Fla. Dept. of Agriculture and Consumer Services and/or your county's consumer protection office, if it has one. Your contract with the broker, in addition to possibly limiting their liability, might have language regarding procedures and venues for resolving such a dispute, and one thing to look out for is if the contract has an attorney's fees clause with a potential award of fees to the broker if it prevails in a lawsuit (in court) or in an arbitration proceeding (if the contract calls for arbitration instead of lawsuit for bringing a claim). That would create a risk for you if you file a lawsuit or arbitration claim without being certain of its outcome.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
