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Florida Consumer Law Questions & Answers
2 Answers | Asked in Car Accidents, Consumer Law, Insurance Defense and Personal Injury for Florida on
Q: Who is at fault in a T-bone accident when one car blocks both lanes?

My sister was involved in a car accident where she T-boned a vehicle that was stationed sideways, blocking both lanes on a long road. Despite having the right of way, the police mentioned that she had enough time to stop but miscalculated the distance because the other vehicle was turned sideways.... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Apr 9, 2025

So the police do not determine who is at fault for an accident. The police report is not admissible as evidence of who was negligent. Your sister should retain an attorney here in Florida on contingency fee, which means she pays nothing unless she wins.

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3 Answers | Asked in Banking, Consumer Law and Contracts for Florida on
Q: Can I sue a Miami car dealership and bank for fraud related to a car purchase?

I would like to know if I can sue a bank and a car dealership for fraud. My wife and I purchased a used car at a dealership in Miami, FL on February 15, 2025, and encountered several issues: my last name was spelled incorrectly on the documents; the down payment was recorded as $4,200, despite us... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Apr 3, 2025

You should take your documents to a lawyer right away. We do not have any way of reviewing your purchase agreement and contracts in this forum.

Most used car sales are "as is" and it's up to the buyer to have the car inspected prior to purchase irrespective of what the...
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2 Answers | Asked in Consumer Law, Criminal Law, Products Liability and Personal Injury for Florida on
Q: A legal question for a YouTube video/ documentary I’m making about steroid use

Hi, I’m planning to interview a person who uses steroids and an illegal steroid dealer for a YouTube video. I’ll be blocking the dealer’s face and voice for anonymity. I just want to confirm if it’s completely legal to feature these interviews, or if there are any potential legal issues I... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 28, 2025

From a civil law perspective: Best to get each interviewee's signed consent, specifying in detail exactly what you will do with the video(s), how long the video(s) will be public, and releasing you from any liability in connection with the video(s); otherwise, you are potentially opening... View More

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2 Answers | Asked in Consumer Law, Contracts and Civil Litigation for Florida on
Q: Financed car issues with dealer and finance company in Florida

I financed my first car and signed the contract on March 4th. The dealer lied and left out important information. Initially, I was told the car was $4,000, but then the dealer said it was $6,000, leading me to finance the car since I only had $5,000. I paid a $3,000 down payment, but the contract... View More

Dominique Young
Dominique Young
answered on Mar 26, 2025

The court is going to look to the terms of the contract first. Whatever you signed on the contract is what the court will start with first in determining what is to be paid and to whom. Anything that you agreed to prior to the signing of the contract, that is not written in the contract, is not... View More

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2 Answers | Asked in Consumer Law, Civil Litigation and Contracts for Florida on
Q: Purchased car advertised as clean title, found salvage with misfiring engine.

I purchased a 1999 Porsche 986 a couple of months ago from a seller who recently moved to Florida from Kansas. He advertised the vehicle as having a clean title and a perfectly running engine. However, I later discovered the title is salvage and the engine started misfiring the night I brought the... View More

Erik A. Perez
Erik A. Perez
answered on Mar 25, 2025

Was there a contract signed related to the transaction or at the very least an email reflecting those terms? If not, you may still have a viable claim against the seller, but it will ultimately be a he said/ she said situation and likely no ability to recover attorneys fees. It may not be a lawsuit... View More

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1 Answer | Asked in Car Accidents, Consumer Law and Insurance Defense for Florida on
Q: Received $1800 invoice for damage after rear-ending a rental car.

I was driving a rental car and rear-ended another driver who was also in a rental—specifically, a loaner from a dealership. The damage appeared minimal at the time, and we exchanged information. Recently, I received an invoice for $1800 from a body shop regarding the other driver's vehicle.... View More

Tim Akpinar
Tim Akpinar
answered on Mar 21, 2025

A Florida attorney could advise best, but your question remains open for a month. I'm sorry about your accident. I hope all involved are okay. A starting point could be to review the terms of your rental and what it covers in terms of property damage. Based on the facts the post, it isn't... View More

2 Answers | Asked in Banking, Real Estate Law and Consumer Law for Florida on
Q: Can a lender change lien position without owner's authorization in Florida?

I have a Home Equity Installment (HEI) that was in the first lien position on my property. Recently, I discovered through emails that my mortgage lender instructed my homeowner's insurance agent to change their position to first lien without notifying me or the HEI company. No Subordination... View More

Anthony M. Avery
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Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 17, 2025

Whichever lender filed their security instrument first has priority unless there is an executed subordination agreement recorded. Hire a FL to search the title and determine your title's exact status. Such a so called "HEI" mortgage is almost always second or third in priority, as... View More

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2 Answers | Asked in Consumer Law, Contracts and Real Estate Law for Florida on
Q: Can I sue for unresolved flooring defects under warranty in FL?

In October 2024, I notified the company of a defective section of flooring in my house under warranty. The warranty covers repairs and replacements for one year. Despite numerous telephone conversations—eight in total, with the last on March 4, 2025, when the manager assured me that repair work... View More

Erik A. Perez
Erik A. Perez
answered on Mar 17, 2025

You may pursue a claim for construction defects and other causes of action that may apply. However, you must first comply with the pre-suit process under the statute which requires that a notice and opportunity to repair be provided to the contractor. Chapter 558 specifies "the notice of claim... View More

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1 Answer | Asked in Collections and Consumer Law for Florida on
Q: Should I pay charge-offs for a credit card and personal loan in Florida?

I have charge-offs related to a credit card and a personal loan. Creditors have contacted me, but I have not received any settlement offers. I believe these charge-offs are affecting my credit score, and I previously consulted with a financial advisor, but I was not satisfied with their advice.... View More

Phillip William Gunthert
Phillip William Gunthert
answered on Mar 11, 2025

Probably not, those are probably uncollectable debts based on how old they are and whether the statute of limitations has expired on them and whether a lawsuit was or will be filed if they are not past the statute of limitations will matter. If you decide to settle them, you need to negotiate how... View More

3 Answers | Asked in Personal Injury, Consumer Law and Insurance Defense for Florida on
Q: Tripped over cord in friend's house, broke arm, seeking legal advice.

I live in Lakeland, Florida, and I was helping my friend clean their house to prepare it for sale. Unfortunately, I tripped over a cord that wasn't visible and broke my arm severely. I underwent a 6-hour surgery to insert rods, screws, and a metal plate in my elbow. My friend's house is... View More

James Clifton
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James Clifton
answered on Mar 10, 2025

Yes, you have a case. If the cord was in a location where you couldn't reasonably expect it, or it wasn't clearly visible, this could be considered a hazardous condition that your friend was responsible for addressing. You definitely want to work with a premises liability attorney.... View More

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3 Answers | Asked in Personal Injury, Consumer Law and Insurance Defense for Florida on
Q: Tripped over cord in friend's house, broke arm, seeking legal advice.

I live in Lakeland, Florida, and I was helping my friend clean their house to prepare it for sale. Unfortunately, I tripped over a cord that wasn't visible and broke my arm severely. I underwent a 6-hour surgery to insert rods, screws, and a metal plate in my elbow. My friend's house is... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Mar 10, 2025

Yes, I think you have a claim. Your claim would be stronger if you took a picture to show that the cord was concealed or hidden from obvious view. However, that would not be indispensable for you to pursue a claim. You should retain an attorney on contingency fee here in central Florida, which... View More

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3 Answers | Asked in Personal Injury, Consumer Law and Insurance Defense for Florida on
Q: Tripped over cord in friend's house, broke arm, seeking legal advice.

I live in Lakeland, Florida, and I was helping my friend clean their house to prepare it for sale. Unfortunately, I tripped over a cord that wasn't visible and broke my arm severely. I underwent a 6-hour surgery to insert rods, screws, and a metal plate in my elbow. My friend's house is... View More

Mitchell Feldman
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Mitchell Feldman
answered on Mar 10, 2025

You do have a claim for negligence. Medicaid will have a lien on the recovery, and generally in any personal injury case, the insurance carrier, medicaid or medicare have liens on the recovery. I think time is of the essence. Generally the homeowners insurance should provide some level of... View More

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1 Answer | Asked in Real Estate Law and Consumer Law for Florida on
Q: Can a condo board force me to insure a deeded carport under a new rule?

I have a deeded carport at my condominium, and the condo board is forcing me to pay for insuring it as per a new rule under the condo act. I would like to know if this is permissible, and what my rights are regarding this new requirement.

Barbara Billiot Stage
Barbara Billiot Stage
answered on Feb 27, 2025

Unit owners have always been required to insure their units, which would include a carport if it's deeded to you. The State of Florida has not been great at enforcing that statute but there has been a renewed push for enforcement. This is for your protection as well as the protection of... View More

1 Answer | Asked in Landlord - Tenant, Consumer Law and Contracts for Florida on
Q: Can I break my lease over a missing fence they promised?

I leased a house that was advertised as having a fenced backyard and allowing pets. When I visited, the fence was there, but it was gone when I moved in. I've been using a temporary fence for two years, but now the leasing company removed it, saying it's a violation. They only acted when... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Feb 26, 2025

In a word, no, not without penalty. Your lease doesn't require a fence. The fact the fence was there doesn't mean the owner is required to keep it up. It was either illegal or in such disrepair that the owner decided to remove it. Read your lease for a termination clause, or leave when... View More

2 Answers | Asked in Real Estate Law, Landlord - Tenant and Consumer Law for Florida on
Q: What actions can HOA take for lack of insurance due to house condition?

I am a co-owner of a house in Florida that is part of an HOA, which requires homeowner's insurance. The house was inherited and mid-renovation when the previous owner died, leading to policy cancellation. It's uninsurable due to its interior condition, failing a 4-point inspection.... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Feb 24, 2025

That depends on the language in your association documents and if you are truly a HOA under Chapter 720 or a COA (condo association) under Chapter 718. Sometimes homes with lots are still organized as COAs and vice versa. Some HOA documents provide for unlimited fines. If you communicate with... View More

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1 Answer | Asked in Consumer Law, Contracts and Civil Litigation for Florida on
Q: Liability for fraudulent ACH chargeback dispute with $20,000 damages.

I am the victim of a fraudulent ACH chargeback dispute filed by my mother, who had agreed to assist me with my bills for 6-8 months. She gave me access to her bank account with verbal permission to use funds to pay my bills. Due to a separate issue, she threatened to reverse all funds by filing... View More

Martin George Prego
Martin George Prego pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 14, 2025

Under federal law, potential liability for your mother and the bank in this ACH chargeback dispute involves multiple legal considerations:

1. Your Mother’s Potential Liability

Your mother may be liable for fraud or unjust enrichment based on the following factors:...
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1 Answer | Asked in Consumer Law and Internet Law for Florida on
Q: I am a Senior citizen and got ripped off financially by an online scam. What can I do to try and recoup?

Online scams claim that following their "system" would earn one approximately $10,000 per month. As part of their presentation, they pulled up all my credit cards online and listed how much was available, dollar-wise, on each one as part of their qualification procedure.... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Feb 11, 2025

If you were the victim of an online scam, then the federal bureau of investigation would have jurisdiction over that. You need to contact your local FBI field office and tell them that you want to file a police report. They will intake the report and then go to work to see if they can try to get... View More

3 Answers | Asked in Bankruptcy, Consumer Law and Civil Litigation for Florida on
Q: On disability given summons complaint Citibank 13,000 credit card need help or do myself written responses

Hello I got served February 1st and am currently waiting for my first SSDI check I just got approved yesterday and need to know how to go about this and what my defense would be since I know more than likely I owe the money but I don't have the funds to pay them, thank you God bless, Richard

Barbara Billiot Stage
Barbara Billiot Stage
answered on Feb 5, 2025

The Middle District of Florida has a pro se clinic that helps people file bankruptcy pro se (by yourself). The clinic is open from 2pm - 4pm every Wednesday without an appointment needed. You can also schedule a consultation in person or by telephone using this link:... View More

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1 Answer | Asked in Civil Litigation and Consumer Law for Florida on
Q: Is it civil or criminal law when a landscape company adds charges such as equipment not used to my invoice.
Charles M.  Baron
Charles M. Baron
answered on Jan 23, 2025

It's at least civil, and usually this kind of issue is civil only, including potential issues of breach of contract and/or unfair and deceptive trade practices. However, in some cases, a fraudulent act could be a criminal act, and that would be an issue for a law enforcement agency.

2 Answers | Asked in Consumer Law for Florida on
Q: served with Notice to Appear for pretrial conference for a debt of credit card to fifth third bank. How can we settle?

My mother is 79 only received SS. She is scared they will take her monthly check. How can we settle before going to court. We don’t have lot of money but she is scared

Phillip William Gunthert
Phillip William Gunthert
answered on Dec 18, 2024

Many assets are protected in Florida, Homestead and Social Security amongst other things, while you can try to settle and get on a payment plan with them on a monthly basis, it is also just as likely that they will not be able to do anything to her as she will be exempt from garnishment or... View More

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