Legal Question in Consumer Law in Florida

Breach of Contract?

I recently purchased a car from a dealership. It is a used car and I am paying for it every week, (buy here pay here). I had a 30 day warranty on the vehicle and the $1500 down payment is non-refundable. I brought the car in for service just about everyday until my warranty was up and on the last day of the warranty was when they fixed it. I asked them to fix my brakes, transmission and my gas gage. The gas gage is fine, however the transmission and the brakes are even worse then when I brought it in for service. I called them everyday for the past two weeks to ask them if they would actually fix the problem this time but somehow the person that I am suppose the talk to is never available and no one else can help with that. I am not asking for a full refund or anything I just want to know if they are liable for fixing my car or am I out of luck? Or can I somehow request to get another car if possible and they take back the one in which they gave me?


Asked on 7/13/06, 1:25 am

1 Answer from Attorneys
Randall Gilbert Gilbert & Caddy P.A.

Re: Breach of Contract?

It certainly is arguable based on your statments that they never fixed it in the first place within the warranty period and if they did then it would not be broken right now, thus the cause of action would be framed as a a "breach of warranty." Good luck,

Randall Gilbert

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Answered on 7/13/06, 6:58 am


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