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Florida Consumer Law Questions & Answers
2 Answers | Asked in Consumer Law, Real Estate Law, Land Use & Zoning and Landlord - Tenant for Florida on
Q: No Fruit Trees - HOA? Can anything be done to secure my rights

No Fruit Trees - HOA?

Just notice in the HOA handbook (which no one gave us but is listed in facebook - because everyone uses that right!!!) -No fruit bearing trees are permitted.

However, it doesn't say whether it's a backyard rule or not. In addition, I have a FENCED in... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Apr 21, 2024

Of your HOA says no fruit trees, it's no fruit trees. You signed up when you bought your house for the HOA rules in place then, and as changed. You may not like it, you may think it's a stupid rule, but it's a rule. Courts will not overturn an HOA rule as long as the rule is not... View More

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0 Answers | Asked in Consumer Law and Civil Litigation for Florida on
Q: In Florida if I file a Motion for Summary Judgement do I attach the form titled the Magistrate form for Dispotive Motion

I'm in discovery and want to end the case by Motion do I only have to send the Motion or do I have to attach the form from the Notice Consent Reference of a Dispositive Motion to a Magistrate so my Motion is heard

0 Answers | Asked in Consumer Law and Business Law for Florida on
Q: Is it legal for a billionaire company to take money out of my account for a majority of 10 days for out of stock items.

If the item isn’t in stock, that money was withdrawn from my account on what they call a “temp hold” but that’s really not the case. My account is short that original amt and have to go somewhere else to buy it as well as wait usually around 6 days to receive the unavailable item funds... View More

1 Answer | Asked in Banking, Business Law and Consumer Law for Florida on
Q: Can a company issue a refund for a disputed charge and then after the refund is received, make a new charge for it?

I received a refund for a disputed charge and then without warning or them contacting me in anyway, they posted a new charge for that amount. Keep in mind I waited a few months before I touched the refund, I was worried that it was just a provisional amount so I waited their processing time, and... View More

James L. Arrasmith
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answered on Apr 21, 2024

It is generally not appropriate for a company to issue a refund for a disputed charge and then make a new charge for the same amount without prior notice or agreement from the customer. This practice could be seen as deceptive and may violate consumer protection laws.

However, there are...
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1 Answer | Asked in Consumer Law for Florida on
Q: I’m currently being subject to a yoyo car deal I left with the car 15 days ago

I left with the car 15 days ago they called on the 11th day and said the deal didn’t go threw because I missed signatures when signing so I went and then was told the bank declined the deal and they would keep trying and now the are trying to still work a deal but when I left that day I believed... View More

Angelo "Tony" Marino Jr.
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answered on Apr 15, 2024

The devil is in the detail. Yes, this is a YO-YO fraud claim, most likely. But look at your paperwork to see what it says about financing. I suggest you consult with a consumer lawyer.

1 Answer | Asked in Consumer Law, Real Estate Law and Municipal Law for Florida on
Q: if a defendant did not answer a specific interrogatory - who do I make them answer.
Angelo "Tony" Marino Jr.
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answered on Apr 15, 2024

In Florida, you must first reach out to the defendant and try to resolve the matter; that is get him/her to agree to supply a better answer. If that does not work, then you need to do a motion to compel better answer(s) and send that along with a notice of hearing set before your judge. I suggest... View More

1 Answer | Asked in Consumer Law and Contracts for Florida on
Q: Can I sue if my bill of sale the dealership and the servicer have different rates, prices etc

I requested a copy of my retail installment contract from my car loan servicer. When i compared it to The bill of sale/ buyers order I received from the dealership that i signed the it was completely different. The vehicle price was off by a thousand dollars, the amount financed is different, as... View More

James L. Arrasmith
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answered on Apr 13, 2024

If there are discrepancies between the bill of sale from the dealership and the retail installment contract from your car loan servicer, you may have grounds for legal action. However, the success of your case will depend on several factors, such as the nature and extent of the discrepancies, the... View More

0 Answers | Asked in Consumer Law for Florida on
Q: Can I sue Carvana for selling me a previously damaged vehicle and stating in writing there was no damage ?

Carvana provides a written inspection report on the vehicle and also provides a Carfax.. I was shown a small scratch on the tailgate and a scuff on the grill in a picture as the "only" damage. After owning my vehicle for a short time paint started flaking off on the front fender and I... View More

1 Answer | Asked in Consumer Law for Florida on
Q: Can I sue Carvana for selling me a previously damaged vehicle and stating in writing there was no damage ?

Carvana provides a written inspection report on the vehicle and also provides a Carfax.. I was shown a small scratch on the tailgate and a scuff on the grill in a picture as the "only" damage. After owning my vehicle for a short time paint started flaking off on the front fender and I... View More

James L. Arrasmith
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answered on Apr 10, 2024

Based on the information you provided, it seems that Carvana may have misrepresented the condition of the vehicle you purchased. If the company stated in writing that there was no damage beyond a small scratch and a scuff, but you later discovered that the vehicle had been repainted and repaired,... View More

0 Answers | Asked in Consumer Law, Small Claims and Contracts for Florida on
Q: Around 2 weeks ago I loaned a "friend" 200$. We both signed a note stating the amount loaned the date to be paid and a

Sentance stating if not repaid he has to surrender his vehicle keys to me.

The money has not been repaid. He will not answer text/calls.

How can I enforce the part of his keys being surrendered to me.

1 Answer | Asked in Consumer Law, Small Claims and Contracts for Florida on
Q: Around 2 weeks ago I loaned a "friend" 200$. We both signed a note stating the amount loaned the date to be paid and a

Sentance stating if not repaid he has to surrender his vehicle keys to me.

The money has not been repaid. He will not answer text/calls.

How can I enforce the part of his keys being surrendered to me.

Angelo "Tony" Marino Jr.
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answered on Apr 8, 2024

You would need to sue your "friend" in small claims court for breach of contract and specific performance of the agreement. It will cost you about $100 to file and serve your friend, but if you win the case the cost will be part of the judgment against him. I suggest you go to the small... View More

0 Answers | Asked in Consumer Law, Contracts and Civil Litigation for Florida on
Q: Can I pay for something in full and the seller take it back without my permission and compensate me for it. Do I own it

I paid for a item on EBAY a 1934 US $1,000.00 bill for $3,355.00 in full I owned it. Can the seller not send it to me and take it back without my permission and compensate me for what I paid for it. Not the value of what the item is really worth, it is worth more than I had paid for it. I feel I... View More

0 Answers | Asked in Consumer Law for Florida on
Q: My attorney's prevailing party attorney's fees paragraph is confusing.

The complaint says: 23. ATTORNEY’S FEES: Pursuant to the parties’ Contract, “In any legal action

brought by either party to enforce the terms of this Lease, the prevailing party is entitled costs

incurred in connection with such action, including reasonable attorneys’ fees,... View More

0 Answers | Asked in Civil Litigation and Consumer Law for Florida on
Q: I am requesting info on student loan collection via trellis student loan collector .no notification

No notification for garnishing my wages they could have sent the initial paperwork to my employer asking them to notify me but they didn't..they just st sent a judgement and garnished my wages for 4 years and I never knew about it ..I need accurate advise on this please ty...

0 Answers | Asked in Consumer Law and Civil Litigation for Florida on
Q: how much would it cost to litigate a certified car purchase? I bought the car from a california dealer and they said it

was damage free and it was not. they said they would buy it back but now said they changed their mind and want to pay to have it painted? if I take their offer to have it painted can I still litigatge the 4 other items that are wrong with the car? i am in florida this has been going on since... View More

1 Answer | Asked in Consumer Law, Personal Injury, Real Estate Law and Elder Law for Florida on
Q: Checked into a hotel after major surgery on my foot and now I'm being told I have to move rooms every 21 days

I moved into this hotel after major surgery on my foot because of medications that I was going to be on and didn't think it was safe for me to be alone at home I ended up staying here because I lost my apartment and so now they're making me move every 21 days and I have pins and screws in... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Mar 28, 2024

A hotel is not a rehabilitative facility. Nobody knows what this lease says; you need to take it to a lawyer.

2 Answers | Asked in Consumer Law and Civil Litigation for Florida on
Q: Navient student loan server/ lender consolidated all my loans including one from 1987.. then in 2022 all loans were

Discharged except for the one from 1987 they took it out of consolidation and I believe I was in deferment when they did this in 6/2016.. and sent old loan to trellis student loan collector..Without ! My notice .. trellis then garnished my wages without notifying.me I received no paperwork about... View More

Angelo "Tony" Marino Jr.
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answered on Mar 25, 2024

As previously stated, to garnish your bank accounts, a judgment had to be entered against you. Go to the website of the clerk of court of the county where you reside and type in your name. You should see a case with your name. Go to see if there is a return of service and see who was served with... View More

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1 Answer | Asked in Consumer Law for Florida on
Q: Purchased a car from dealer with clean AutoCheck, 2 days later saw there was accident damage. Can I return the car?

I informed the dealership about the accident damage and they refused to pay to repair it. So USAA cancelled the loan check. After which, now they are offering to fix the damage, but I no longer want that vehicle. The GM is refusing to allow me to return the car and trying to force to buy another... View More

Angelo "Tony" Marino Jr.
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answered on Mar 18, 2024

I have handled many cases like this. This may be a classic case of auto fraud. Many dealers obtain an AutoCheck shortly after they purchase a car from an auction or customer with the hope that it does not show auto damage. However, they always inspect the vehicle and know of the damage. I... View More

2 Answers | Asked in Consumer Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Florida on
Q: gettting retainer refund

hired a firm but after thye missedd 2 conferences and me hjaing to ask over and over about status i hear nothing ican assume no work has been done how cani get my funds back ?

James L. Arrasmith
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answered on Mar 13, 2024

I'm sorry to hear you're having trouble with the law firm you hired. It sounds like a very frustrating situation. Here are some steps you can take to try to get a refund of your retainer:

1. Document everything: Gather any emails, letters, contracts, receipts or other records...
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1 Answer | Asked in Consumer Law and Contracts for Florida on
Q: question about Failure to Prosecute. Fla. R. Civ. P. 1.420 (e).

American Express sued me 1/14/2022 for a personal loan that I had not approved nor requested.

In Feb 2023 AMEX realizing they had a loser case offered to have the case dismissed with prejudice. I agreed to this because I could get derogatory statements removed on my credit report with... View More

Linda Liang
Linda Liang
answered on Mar 12, 2024

It seems that your attorney owes you a better explanation. Basically, Mere inaction for a period of less than 1 year

shall not be sufficient cause for dismissal for failure to prosecute. " Fla R. Civ P. 1.420(e) requires a clerk to send a notice of lack of prosecution and wait for 60...
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