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Florida Consumer Law Questions & Answers
2 Answers | Asked in Consumer Law and Contracts for Florida on
Q: Pool builder is asking that we pay for permit to be extended. Purchase agreement states permits & NOC included.

The permit was originally issued 8-13-21 and expired 10-19-2023. The pool contractor contacted me 10-19-2023 asking for the renewal fees to be paid quickly because fees will double 10-24-23. They are blaming us because we had asked that the equipment installation scheduled 6-27-23 to be pushed... View More

Angelo "Tony" Marino Jr.
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answered on Oct 20, 2023

The question you have to ask yourself is do you want to stand on the contract and possibly have your pool delayed more or do you want to get it completed. It seems that more than 2 years to complete the work is a long time. I do not know what the normal time is in Ft Lauderdale to complete a... View More

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1 Answer | Asked in Consumer Law and Business Law for Florida on
Q: I’m having an issue with MoneyGram.

Hello

I transferred $1016 from the US to my fiancé in Ukraine on October 6th.

The transfer usually takes between few minutes to few hours to be completed.

However, this time, the transfer hasn’t reached the receiver till this day.

I called MoneyGram on the day of... View More

Jane Kim
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answered on Oct 14, 2023

Sorry to hear that. I believe the way MoneyGram works is local location in Ukraine has to have US cash on hand and they portably don't or the local place stole it. They must've tracked the transfer by now, and still no money. Try to stay on top of it and get a refund here. If not, your... View More

1 Answer | Asked in Consumer Law and Business Law for Florida on
Q: Under Title 33 chapter 501.021 is placing door hangers considered soliciting?

The door hangers in question only advertise a free inspection and not any of the paid services that I offer.

Sometimes I find doors with "no soliciting" signs on them and I want to make sure that I'm not doing anything illegal by placing a door hanger on said door.

Tim Akpinar
Tim Akpinar
answered on Oct 12, 2023

A Florida attorney could advise best, but your question remains open for a week. Until you're able to consult with a local attorney, it's best to avoid leaving anything at such residences or businesses. The sign usually means they want nothing in the form of materials, whatever the... View More

1 Answer | Asked in Arbitration / Mediation Law, Collections and Consumer Law for Florida on
Q: Is arbitration against the creditor or the collections agency that the creditor sold the debt to?
Tim Akpinar
Tim Akpinar
answered on Oct 5, 2023

A Florida attorney could advise best, but your question remains open for two weeks. It could depend what the arbitration is for - general negotiation, challenging basis for debt, claim for misconduct, etc. It could also depend on the right to use arbitration as a forum. Sometimes that's... View More

1 Answer | Asked in Bankruptcy and Consumer Law for Florida on
Q: What are considered the key advantages and disadvantages of filing for Chapter 7 & 13 bankruptcy in the State of Florida
T. Augustus Claus
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answered on Oct 3, 2023

Chapter 7 advantages:

Most unsecured debts can be fully discharged.

The process is quicker than Chapter 13, often completed within months.

There's no requirement to repay debts.

Chapter 7 disadvantages:

You may have to liquidate certain assets to repay...
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1 Answer | Asked in Consumer Law, Contracts and Admiralty / Maritime for Florida on
Q: I want to sue a yacht charter broker in Fort Lauderdale.

I want to sue a yacht charter broker in Fort Lauderdale. Long story short. For my 70th birthday I rented a very expensive home on the water for 3 nights.

I chose the home because the yacht broker I was working with said docking the yacht I selected for a day charter 'should not be a... View More

Charles M.  Baron
Charles M. Baron
answered on Sep 26, 2023

You didn't ask a question in this Q & A forum, but I suppose you're wondering if you have a viable potential claim. That depends on a few factors, including the terms of the written contract. Generally, verbal comments that conflict with the written contract cannot be the basis for... View More

1 Answer | Asked in Real Estate Law, Consumer Law and Contracts for Florida on
Q: Can I sue a property developer over lost income and property devaluation?

The developer of my condohotel building retained control over all amenities. We pay a percent to use them and a percent of desk employee salaries. He shut down the pool, gym, parking garage and fired employees saying we owe him a million as well as wants the percent increased. This has gone on over... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Sep 21, 2023

You need to hire a community association lawyer to review your Declaration of Condominium, Articles of Incorporation and Bylaws.After a review of these documents a lawyer will be able to tell you if you have a case. You should also submit a certified letter, return receipt requesting to inspect... View More

2 Answers | Asked in Consumer Law, Civil Litigation and Car Accidents for Florida on
Q: My wife crashed our car in September 2022, my insurance paid around 24K to a local bodyshop but my car it's not fixed

I already did a police report around 3 weeks ago but nothing has changed, this September 22 will be a year that I am making my car and insurance payments and my main concern is that it is a lease car I have 1 year left and I don't have a car, the repair bodyshop took the money and never fixed my car

Charles M.  Baron
Charles M. Baron
answered on Sep 15, 2023

You need to either schedule a consultation with an attorney or contact a government consumer protection agency. For the latter, you can dial 311, the Miami-Dade County switchboard, and say you need to make a consumer complaint, or contact the Fla. Dept. of Agriculture and Consumer Services.

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2 Answers | Asked in Consumer Law, Civil Litigation and Car Accidents for Florida on
Q: My wife crashed our car in September 2022, my insurance paid around 24K to a local bodyshop but my car it's not fixed

I already did a police report around 3 weeks ago but nothing has changed, this September 22 will be a year that I am making my car and insurance payments and my main concern is that it is a lease car I have 1 year left and I don't have a car, the repair bodyshop took the money and never fixed my car

Angelo "Tony" Marino Jr.
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answered on Oct 13, 2023

If your car insurance paid any of the damage to your car, you should contact them and explain to them that your car was not repaired and you want them to contact the body/repair shop to complete the repairs. If that does not work, then I would contact a consumer lawyer in your area. You can go to... View More

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1 Answer | Asked in Consumer Law, Contracts and Landlord - Tenant for Florida on
Q: Is it legal to force tenants to use the broadband company their management company requires?

I live in Palm Harbor FL at a ZRS Managed Property. From day one they were aggressively adamant that I had to use WOWAY Internet Provider since that's who they worked with. I found that a little odd since in my decades of living in Apartment Complexes from New York to New Orleans I had never... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Sep 13, 2023

Welcome to Florida -- yes, it's different. Generally, the way I interpret this is the service providers cannot demand it is exclusive but that would not stop an owner from requiring a tenant to use an exclusive provider. Tenants have the option of entering into a lease with all kinds of... View More

1 Answer | Asked in Consumer Law for Florida on
Q: Just got notice of discontinuation on a Discover card debt in New York. Will they likely file one here against me in Fl.
T. Augustus Claus
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answered on Sep 6, 2023

The discontinuation of a debt in New York means that the creditor, in this case, Discover card, has decided not to pursue the debt in that jurisdiction. However, it does not necessarily prevent them from pursuing the debt in another jurisdiction, like Florida, if they believe it is worthwhile.... View More

1 Answer | Asked in Consumer Law and Real Estate Law for Florida on
Q: Loan docs states that increase each year 1.5 % will be notified in writing, no notice is giving, can I be back charged?

Promissory note, states, each year 1.5% increase over prime rate. Lender will give a updated amortization invoice to borrower. Lender fails to do so over 20 years. Can he back charges for the increase. ? Borrower pays original agreed amount on time 20 yrs. Now Lender wants back increase with... View More

James Clifton
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James Clifton
answered on Aug 23, 2023

It is very likely that the lender has waived his right to collect additional interest. However, without reviewing the terms of the note itself, it would be difficult to make a more precise determination.

1 Answer | Asked in Small Claims and Consumer Law for Florida on
Q: Can I sue an automotive manufacturer in small claims court in Florida to obtain the service history for my vehicle?

Can I sue an automotive manufacturer in small claims court in Florida to obtain the service record history for my vehicle? The automotive manufacturer claims that the service history of the used vehicle I now own is "proprietary." I understand they need to protect the previous... View More

John Michael Frick
John Michael Frick
answered on Aug 17, 2023

There is no law which entitles you to obtain the service record of a used car from the manufacturer. Moreover, a manufacturer likely only has records for warranty and recall service. It is unlikely any service record it maintains is complete.

Many dealerships and auto service companies...
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1 Answer | Asked in Consumer Law, Contracts and Criminal Law for Florida on
Q: stolen or lost item, what value can I sue for ?

Hi, I purchased a 14k gold jewelry item at a good deal , item was delivered by FEDEX to a courier company , they signed for the package on 4/27, when we questioned as to where our package was as it had not been forwarded with other packages we received, we were given different reasons, excuses,... View More

Charles M.  Baron
Charles M. Baron
answered on Aug 6, 2023

You likely can make a claim for the dollar value (only). But whether you can sue in court to make such a claim, and if so, where, and when (immediately or after some other step to be taken first), depends on your delivery contract terms. The contract might contain an arbitration clause requiring... View More

1 Answer | Asked in Consumer Law for Florida on
Q: In Florida, if a creditor does not send “Right to Redeem” or “ Notice of Sale”, does the deficiency balance get waived?
T. Augustus Claus
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answered on Jul 27, 2023

In Florida, if a creditor does not send the "Right to Redeem" or "Notice of Sale" to the debtor after the foreclosure process, it may have implications for the deficiency balance. The "Right to Redeem" is a notice that gives the debtor a chance to pay off the... View More

1 Answer | Asked in Consumer Law, Contracts and Small Claims for Florida on
Q: Can I sue in small claims courts?

Hello I bought a cockapoo from a private breeder, the puppy started having seizures 3 days after we got him the veterinary believes it was due the pup glucose levels being too low but he couldn't really say for sure. we asked the breeder to go half on the vet bill and they said no, can we sue them?

Charles M.  Baron
Charles M. Baron
answered on Jun 30, 2023

Yes, but only if you first comply with the presuit procedures of Fla. Statutes Section 828.29, also called the "Puppy Lemon Law", which is online, and which you must read. The first important portion for you starts at Sub-section (5), which provides: "If, within 14 days following... View More

1 Answer | Asked in Contracts and Consumer Law for Florida on
Q: I have never signed an estimate, quote, or contract with a company. Am I legally obligated to pay an invoice I dispute?

After Hurricane Ian a company recommended by my insurance company came to door and said they were hired by insurance company to dry out the house. They were able to identify the insurance company and our claim number. They assured us the insurance company was paying for their service and that we... View More

Charles M.  Baron
Charles M. Baron
answered on Jun 29, 2023

It would be a good idea, either on your own or through an attorney, to immediately dispute the bill in writing, with proof of delivery; otherwise, you might be sued for Account Stated, which is a suit to collect on an undisputed bill. State reasons for the dispute, including that you never would... View More

1 Answer | Asked in Business Law, Consumer Law, Contracts and Internet Law for Florida on
Q: If an online seller from another state violates a law in my state, are they bound to my states law?

Online seller renewed a year long subscription without advance notice and is refusing a refund even though I canceled immediately. This is illegal in FL but they are based in Massachusetts

Charles M.  Baron
Charles M. Baron
answered on Jun 24, 2023

If you are buying while in Fla., Fla. law should apply. Regardless, to take legal action, you must see the terms that you agreed to for what procedures and venues apply for resolving any dispute. You likely checked a box for "terms and conditions". By doing that, you agreed to the... View More

2 Answers | Asked in Civil Litigation, Collections and Consumer Law for Florida on
Q: What resets the statute of limitations for debt collection?

I was contacted by a debt collector (possible scammer) about a car that was repoed 14 years ago. He threatened to sue me and garnish my wages. After the call, I looked up the statute of limitations in Florida (5 years), but I understand some actions can reset the clock, like accepting a payment... View More

Charles M.  Baron
Charles M. Baron
answered on Jun 24, 2023

You ARE at risk of resetting the limitations period clock if you agree that you owe the debt or do anything that arguably indicates you agree to it. In that event, the creditor (or its assignee/successor) may sue you for account stated, for which there is a 4-year limitations period starting from... View More

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1 Answer | Asked in Consumer Law, Lemon Law, Contracts and Business Law for Florida on
Q: Can an warranty company refuse to pay repairs although repairs are covered under warranty?

Bought a box truck from Ryder. They don't want to cover repairs for the truck because of "contaminated fuel". Although they covered repairs multiple times before and no where in the contract does it state no coverage for contaminated fuel.

Charles M.  Baron
Charles M. Baron
answered on Jun 13, 2023

The issue is whether the warranty is voided due to your wrongdoing (either intentional or negligent), if any, that caused the damage/issue triggering the need the repair. One issue is the contract language itself, and another issue is the fact issue of whether you actually committed the act or... View More

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