Legal Question in Civil Rights Law in Florida

I recently purchased a used 2000 Lincoln LS from Florida Cars 2001, �As-Is, No Warranty� for $3,499. When I went to examine the car, it had 145,000 miles and the check engine light was on as well as a few minor issues. I mentioned to the Sale Associate, Barry, the minor issues as well as the check engine light and he said "It needs to be service and I will have it serviced before you come back to pick it up."

I gave him a down payment of $900 on Monday September 7, 2009 agreed to return on Tuesday September 8, 2009 with the remainder of the down payment in the amount of $1600, which I did. I financed the rest of it totaling $1970 with taxes and service charges. Upon returning the next morning, Tuesday Sept 8, 2009 I was told by Barry "The car was not ready and I must come back later to collect the vehicle." I went back later only to find the check engine light still on. I then questioned Barry about it again and his reply this time was "Bad gas" and once I put premium gas in the car the check engine light would go off.

Trusting Barry, I left with the car. Running heavily the car was shaking and had a knocking sound. As advised, I put premium gas in it and went home thinking it was the gas issue. The next day, the same thing, shaking and knocking. As I am a student I had no time that day to take the car back to the dealer or a mechanic. The following day, the same thing; this is now the second day I had the car, Thursday Sept 10, 2009. I then took the car to All Tune & Lube where a mechanic looked at the car and told me two spark plugs were misfiring and the spark plug coils needed to be changed. As I used all of my savings for this car, I asked him if it required immediate change. He told me I should be fine but to bring it back when I could.

Continuing to put premium gas in the tank, I drove the car with the same problems for another five days until ... the car cut off and would not start again. This is now day six, Tuesday September 15, 2009. I had the car towed back to my apartment, at a cost of $65, and thought it would start again the next morning, only to find, it didn't.

I then towed the car to the same mechanic at All Tune & Lube, at a cost of $65, and after further examination I was told the car needed a new engine, costing anywhere between $3,000 to $3,500 saying it is probably the coils of the spark plugs which caused it. This was Wednesday September 16, 2009.

Out of transportation I missed a few days of school. I spoke with Barry on Friday September 18, 2009 and he asked me to bring the car back to him to have his mechanic check it out because my mechanic may be wrong. As I had to wait until I had a means of transportation I was not able to get to the mechanic as well as Barry until Monday September 21, 2009.I had the car towed to the dealers at an additional cost of $65. Upon arrival I was surprised to find another unhappy customer making complaints about the car he had recently purchased.

Barry began looking at the engine on my car, he put gas directly into the fuel injector and the car still would not start. He suggested that I leave the car and he would have his mechanic check it out and give me call back with his findings. After having to call back numerous times to check the status of my car, he finally told me I had a burnt engine and the engine would need to be replaced.

My mother then called to speak to Barry and was told the engine needed to be replaced and I could not be compensated in any way. He did however agree to look for a used engine and ask her to call back the following day. She questioned if he could give her a price right then as he was familiar with cars and should know the cost of a used engine. Barry then got on the phone and called someone name Vick who told him the engine should cost about $800-$900. Barry then relayed to my mother the cost and also informed her that this price did not include labor. She then asked Barry if some kind of deal can be worked out as the car was only purchased 6 days before it stopped working and he had to know it was faulty, otherwise he would not have insisted to me to put premium gas in the car in order to fix the check engine light problem. Barry said the car was driving when I left the lot and he would not be replacing the car or the engine or refunding all or any part of my money. My mother then asked him if he expected to be paid the remainder of the money and he replied �Do what you have to do and if you leave it here I will find an engine for it and resell it.�

I spoke with another mechanic who explained to me that if the car had been serviced, like Barry promised, the problem would have been prevented because the coils for the spark plugs would have been changed. Either that or the dealer knew what problem existed and did not disclose it to me because the spark plugs were previously burnt and were just waiting to burn out the engine.

I then sought help online at Justanswer.com where lawyers give you advice. The lawyer told me that even with an �As Is, No Warranty� sale, I am entitled to a functioning car and that I should file a complaint on BBB which I did. On BBB I discovered that Florida Cars 2001 has an F rating. I filed the complaint with BBB on Friday September 25, 2009 and learned on Tuesday September 29, 2009 that Florida Cars 2001 was already contacted by BBB. When my mother phoned Barry again to try and come to some sort of an agreement about the car, she found a very angry, shouting Barry because he had been contacted by the BBB.

My friend Britney then called Barry on Thursday Oct 1, 2009 to say I would come in the next day to collect the car. He replied �If you don�t bring my money I will repossess the car� and hung up. I along with my cousin went the following day to collect the car and I made the first installment of $200. Barry was different this time, kind of nice. He asked me what I was going to do with the car I told him I was in the process of looking for a new engine. Barry�s then told me he could get me an engine and have his mechanic install is for $1,500. Undecided about his offer and I knew I had to speak to my mother about the matter, after all she would have to agree since she would be the one funding this, I told him I would contact him later with my answer. My mother�s first question to me was �Why would you trust this man? This is the same man who sold you a faulty car and told you to put premium gas in it and it would be just fine.Who also hung up on Britney yesterday and threatened to repossess the car if you didn�t pay your monthly bill, even though the car was not working and he had possession of it.�

I have since been advised by another mechanic to present my case to Small Claims Court because I would be able to find a working car for what I invested into the car bought from Barry.

I would like a refund of all payments made to Barry as well as towing charges incurred as a result of the car breaking down.

What's your advice?

1 Answer from Attorneys

Related Questions & Answers

More Civil Rights Law questions and answers in Florida

Looking for something else?