Legal Question in Business Law in Florida

Consumer Rights After an Agreement is Made

What is a consumer's rights when a binder is placed on merchandise, in this case a car, and then the automobile is sold to another customer?

Our situation is this: yesterday night, we put a deposit on a car, and we let the dealer know we would be back to test drive it the next day. Today, we have found that they had sold our car to another customer, although we had already initaled an agreement and produced a check for them the day before.

Is there anything we can do, legally, besides just asking for our deposit back? What about the car? What about our comsumer rights?

I'd appreciate a thorough and timely answer. In advance, thanks for your help.


Asked on 9/25/99, 5:18 pm

1 Answer from Attorneys
Randall Reder Randall O. Reder, P.A.

Re: Consumer Rights After an Agreement is Made

Your rights are governed by the agreement you signed,

if the dealer also signed it. Assuming you did have

a valid binding agreement, your remedy would also be

dictated by the agreement. In addition, there may be some statutory causes

of action such as Deceptive and Unfair Trade Practices

that may be applicable depending upon all the circumstances.

In short, there is no quick and easy answer. This

is why it is highly recommended you seek the advice

of an attorney.

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Answered on 9/27/99, 9:02 pm


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