Legal Question in Business Law in Florida

- After a week visit to the USA in the fall of 2006, from the Netherlands (where I resided until December 2009), I paid 1/2 deposit of nearly $45,000 USD for a special X-ray machine. This payment was made to a Florida company in February 2007 (at the time they assured me they were "just days away from their European certification")

- Six weeks later they were to deliver and install my x-ray machine in the Netherlands.

- After 1.5 years of battle (me persistently e-mailing and calling to ask where my machine was), they agreed to not charge me for the 2nd 1/2 of the purchase price of the machine because I did not yet have the machine.

- At that time (1.5 years ago), I requested for them to build my machine and send it to my Canadian address (where their machine was accredited for import and use) so that I would at least have my machine.

- Today, more then 1.5 years further, I still do not have my x-ray machine.

- I have even given up my very busy three practices in the Netherlands and uprooted and moved my family back to Canada in hopes of getting my machine and using it here where it is approved for use.

- Still, this company is making up excuses and avoiding me.

- This company still continues to run and I still continue to get avoided.

- The decision I have made to re-immigrate to Canada to use this machine has resulted in a severe financial loss and will continue to do so until I can get my machine and commence using it.

- As far as the last three years go in Holland, I have made a calculation of losses that I wish to recover from this company based on numbers being generated in Florida and it is in the Millions of $$.

How can I pursue recovering my machine and getting the losses paid back to me from the past three years?

The owner/manufacturer also happens to be a colleague of mine (same profession). Can he personally be held liable outside of his corporation and sued? He has a lot of assets.

Thanks for any insight.


Asked on 4/13/10, 11:51 pm

2 Answers from Attorneys
David Slater David P. Slater, Esq.

You have a 5 year statute of limitations. You would only be entitled to the money you paid.

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Answered on 4/19/10, 8:02 pm
Steven Meyer CPLS, P.A.

I'm sorry to hear about your situation. At this point you should probably consider filing a lawsuit agains the manufacturer to either get your money back or to compel them to deliver the machine. The case would have to be filed in the county in Florida in which the manufacturer's principal office is located, so you will need to contact an attorney in Florida to pursue the case. It is unlikely that you could recover yoru projected lost profits. You should look for an attorney who is board certified in civil trial law or in business litigation, as are the attorneys in our firm. We offer a free initial consultation and would be happy to discuss the situation with you.

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Answered on 4/25/10, 7:44 am


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