Lawyers, Answer Questions  & Get Points Log In
Florida Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law, Contracts and Civil Litigation for Florida on
Q: What can I do to get my car that is in my name but still in my exes possession in florida?

Payments are not on time and I want to get the car paid off and off of my credit.

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Sep 23, 2022

If the automobile is titled in your name only you have a legal right to go get it, unless you were supposed to transfer it to him in the divorce.

1 Answer | Asked in Consumer Law, Contracts and Real Estate Law for Florida on
Q: Had a 2nd showing.Can you req a refund if the app is still not fully processed; bugs and odor?
Mark R. Osherow
Mark R. Osherow
answered on Sep 19, 2022

This is not enough information to accurately respond. But in general, it would depend on a number of factors, such as whether this is an "as is" deal, whether there is a mortgage contingency and whether that expired, etc. Also, are there conditions in the home which the seller was... Read more »

2 Answers | Asked in Consumer Law, Real Estate Law and Landlord - Tenant for Florida on
Q: florida law. can a new owner of a motel that i have lived month to month for 3 1/2 years tell me to leave in one day?

motel has no lease and i pay month to month. i have been here for a little more than 3 and 1/2 years. the new owners knocked on the door and told me i had to vacate the premises by tomorrow. if it matters i am 70 years old and am a heart patient. please advise. thanking you in advance.

Jane Kim
Jane Kim
answered on Sep 16, 2022

It is 15-days notice whether you are deemed a commercial or residential tenant. If it is for non-payment (does not sound like it) then under commercial leases there is a 3-day notice requirement. At this point, they will have to follow formal eviction procedures to actually evict you. Therefore, I... Read more »

View More Answers

1 Answer | Asked in Consumer Law and Contracts for Florida on
Q: What should I do if my auto financial comp refuse to comply with my right of recession paperwork and stole my car

I mailed my right of recession letter in June. I called and spoke to the company after they took my car and they said the letter isn’t valid. The letter was indeed valid and now they refuse to give me my remedies, and downpayment because they took my car back.

Barbara Billiot Stage
Barbara Billiot Stage
answered on Sep 13, 2022

A right of rescission is generally limited to door-to-door sales and refinancing of mortgages, not cars. Dealerships are not going to let you drive their cars for three days, put mileage on the vehicle and then take it back. Unless there was a clause in your contract giving you this right, any... Read more »

2 Answers | Asked in Consumer Law, Contracts and Small Claims for Florida on
Q: Hello, we are in need of legal advise as to whether we should sue in small claims court.

We hired a couple to do epoxy floors on our garage floors. They said their product came with a 6 year warranty. We paid them $800 and after a month, the flakes started coming up. We contacted them to fix the issue and it was one excuse after another. They offered us a refund and to re-do our... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 31, 2022

Yes, if you obtain a judgment against them, you would also be awarded your costs, which normally include your filing fee and what you pay for service of process.

View More Answers

2 Answers | Asked in Consumer Law, Contracts and Small Claims for Florida on
Q: Hello, we are in need of legal advise as to whether we should sue in small claims court.

We hired a couple to do epoxy floors on our garage floors. They said their product came with a 6 year warranty. We paid them $800 and after a month, the flakes started coming up. We contacted them to fix the issue and it was one excuse after another. They offered us a refund and to re-do our... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Aug 31, 2022

The only avenue open to you, with any chance of success is small claims court. If you prevail to judgment, you are entitled to costs. Make certain that you sue the correct legal entity. Many clerks have information and forms on their websites. You can find the Florida Small Claims Rules online.

View More Answers

1 Answer | Asked in Civil Litigation, Consumer Law, Contracts and Small Claims for Florida on
Q: Should I file a small class action suit or replevin? Am I entitled to any additional damages?

I paid an ac co. $6000 for a system and install. They installed everything excepts ducts then refused saying there were spiders in crawlspace. They said they would take everything, keeping $1000 for their time. I told them I now owned the equipment and not to take it unless I got a full refund.... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 29, 2022

If you sue them for the $1,000 they are trying to keep, replevin would not make any sense, you would not be out they money you paid them. You might want to talk to an attorney to see if any "other damages" would be practical.

A class action suit would probably not work....
Read more »

1 Answer | Asked in Civil Litigation and Consumer Law for Florida on
Q: Should I contact a lawyer to file criminal/civil charges against Instacart for employing criminals?

My Instacart account was used yesterday to make 4 fraudulent purchases in 30 minutes. The first three purchases were for around $50 with a $490+ tip on each of the three. Each time the driver marked the deliveries as delivered right after the order was placed. The last one was made for the same... Read more »

Charles M.  Baron
Charles M. Baron
answered on Aug 25, 2022

Start by calling the police for your locality. They should be interested in investigating your matter. Also, the Fla. Attorney General's Office's Fraud Hotline 1-866-966-7226 possibly could be interested. I think this issue can be solved through law enforcement, but if you must end up... Read more »

1 Answer | Asked in Consumer Law, Estate Planning and Probate for Florida on
Q: Wy wife recently died. She had several credit cards in her name. Am I responsible for these bills?
Phillip William Gunthert
Phillip William Gunthert
answered on Aug 15, 2022

I am very sorry for your loss on the passing of your wife, please accept my condolences and sympathy for you and your family at this sad time. The rule generally is that you have no obligation whatsoever unless you have cosigned or otherwise agreed to be responsible for the credit card debt or any... Read more »

2 Answers | Asked in Business Law, Civil Litigation and Consumer Law for Florida on
Q: Is it illegal to protest/share a negative experience with a business?

I bought into a company that claimed they were going to teach me how to be successful in a business and would provide coaching from people who had done the business. They claimed they had already worked out the kinks and would teach me to use their system and all I had to do was follow it. It did... Read more »

Charles M.  Baron
Charles M. Baron
answered on Aug 11, 2022

If you convey facts that are 100% truthful, your statements do not constitute unlawful defamation. However, you are correct that "anyone can sue anyone". Are you prepared to spend many thousands of dollars to defend yourself (with an attorney)? All the other party has to do is to file... Read more »

View More Answers

1 Answer | Asked in Insurance Bad Faith, Consumer Law, Contracts and Business Law for Florida on
Q: Are insurance companies legally inhibited from paying for insurance on a rental when paying for damages in Florida?

Insurance company stated that they are not obligated nor legally allowed to pay for insurance on the rental. When someone else hits you and their insurance is reimbursing you. It seems as though they should also pay for the insurance on the rental. Is the insurance company telling me a bs story or... Read more »

Barbara Billiot Stage
Barbara Billiot Stage
answered on Aug 10, 2022

Check your insurance policy. The terms of the policy determine if you have coverage for a rental or not.

1 Answer | Asked in White Collar Crime, Consumer Law, Contracts and Personal Injury for Florida on
Q: I need to prosecute a case following under Title 16 - Crimes and Offenses, GA Code § 16-5-101

I am B.T.G, R.Ph. I have been a licensed Georgia Pharmacist for 32 Years. I and my son are disabled; he with a mental health issue. I arrived to Statesboro, Georgia on June 16, 2022, and lost a contract already under execution in order to assist and advise my 22 year old son on site at Georgia... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 24, 2022

What, if anything, does any of this have to do with Florida law?

2 Answers | Asked in Contracts and Consumer Law for Florida on
Q: Can I dispute a recurring charge for a membership that is not in my name, but I am being charged for it?

I bought a year's worth of services for someone and did not realize that I would be charged a monthly fee once the year was over. I have been trying to get the charges stopped for 10 months to no avail because I am not the "member" of the membership. The person I bought the gift for... Read more »

Charles M.  Baron
Charles M. Baron
answered on Jul 20, 2022

You cannot legally sign a contract for someone else unless that person has executed a power of attorney giving you the power to do so. But was your signature an inked signature of your name, a digital (typed) signature of your name, or a digital signature of the other person's name? If it is... Read more »

View More Answers

1 Answer | Asked in Consumer Law and Banking for Florida on
Q: Can a credit union refuse to replace a credit card or debit card, because of excessive fraudulents on your account?
Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jul 16, 2022

Yes. IMO, you should be happy you are a member of the credit union. Most financial institutions are harsher than credit unions: state and federal banks just close your accounts and do not let you do any more business with them, ever.

1 Answer | Asked in Consumer Law, Contracts, Personal Injury and Health Care Law for Florida on
Q: I had a pharmacist basically accuse me infront of other customers like i wrote a fake prescription for my adhd medicine

And would not fill it for me, i had to go back to doctor and spend more money for visit and get my prescriptions moved to another location. Do i have any type od case too pursue?

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jul 15, 2022

Believe it or not, pharmacists can refuse to fill prescriptions. If you had a written prescription you should have been able to go to another pharmacy without getting a new prescription from the doctor.

1 Answer | Asked in Consumer Law and Construction Law for Florida on
Q: 4 years ago a roofer damaged the water pipe, but fixed it. Tonight it totally failed flooding the room. What recourse?

In Feb 2018 a contractor replaced our whole roof from a hurricane damage. In the course of the repair one of the workers sawing thru the roof damaged a water pipe that was in the space beneath the roof when we had the whole house re-piped so years earlier. The contractor fixed it (unsure of method)... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 25, 2022

You are going to need someone to fix the leak now. While you are at it, ask that person to tell you if it was the same pipe that the previous contractor damaged and then repaired, and also if the previous repair was done incorrectly and thus caused the present problem. If so, and if you decide to... Read more »

1 Answer | Asked in Business Law, Consumer Law and Contracts for Florida on
Q: We have a air conditioning unit left on our property by a contractor, can we sell or give this away without repercussion

Contractor recommended this too big unit and could not get it to work correctly in our home. We received a refund of all monies paid however the contractor has not picked up the unit since returning our money 3 months ago. Can we legally sell this or give it away? Technically we do not own this... Read more »

James W. Martin
James W. Martin PRO label
answered on Jun 17, 2022

Florida Statutes Chapter 713 governs construction liens in Florida and allows contractors to obtain liens on real property and also allows materialmen to obtain liens on real property so it is possible that the contractor or its supplier could obtain a lien on the real property. Therefore, the... Read more »

1 Answer | Asked in Consumer Law for Florida on
Q: Have a car broken with a lien. I fall behind due to hardship. never repo. Bank tax loss claimed it how do I releaselien?

I reported car to DMV as not on roads not drivable. No insurance either. Parked for a year at least trying to get title to yunk it. How can I if I fall behind on payments due to hardship and lender already reported as a tax loss but title at DMV still shows with lien on it?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 3, 2022

You can only release the lien by paying the amount you owe. The fact that the bank has claimed a loss is of no consequence. Perhaps, if you ask, you can make a deal with the bank by which the bank would release the lien in return for your promise to pay them whatever you make by junking the car,... Read more »

1 Answer | Asked in Consumer Law for Florida on
Q: My husband retired and has annuity that gives him money every month. Now we are in need of money can we withdraw ?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 3, 2022

Can you cash-out the annuity? It depends on the terms of the annuity agreement.

1 Answer | Asked in Business Law, Contracts and Consumer Law for Florida on
Q: What can I do if a car lot gave me a different car after I signed a contract for another one

I went to elder Ford and signed a contract for a truck. When I was going to leave the truck they brought me was not the truck I signed the contract for and they told me I signed for the lemon they brought me and omg what can I do about them scamming me

Charles M.  Baron
Charles M. Baron
answered on May 31, 2022

It depends on whether you signed a new contract accepting the different vehicle. If you did not, the dealer breached your contract, in which case you of course would have a legal remedy. Consult an attorney in your area handling auto dealer or consumer protection issues. Also, your county... Read more »

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.