Legal Question in Consumer Law in Florida

I have a car from a Buy hear Pay hear dealership and it turned out to be a lemon. I know I cant sue for lemon law in FL but the car no longer runs only after 3 months of use. I tried to do a voluntary repo but not only did they refuse but I am also meat with hostility. I called and called to ask about when they will come and pick this car up and every time I call they act like is the first time. My condo complex wants the car out and I don't know what to do.
My questions are..
What do I do with this car?
Do I take the tag off and abandon it? Let the condo complex tow it away?
If I abandon the car, can the dealership sue me for fraud or some other charge?
Is there any way I can make them let me do a voluntary repo and have the dealership pick it up?

Asked on 1/04/10, 9:50 am

3 Answers from Attorneys

Sarah Grosse Sarah Grosse, Esquire

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The "lemon law" only applies to new cars, not used cars.

1. If there is a lien holder on the car, you cannot just dispose of it. Or, you can dispose of it and then owe the lien holder 100% of what they ask (and perhaps other damages depending on all the contracts involved, and the litigous nature of the other party).

2. Do not abandon the car as you will be responsible for towing and storage fees. That will only compound your damages.

3. The dealership (lien holder) can sue you for the deficiency --after their repo and sale of the vehicle -- on the total value you agreed to pay. They add repo fees as well.

4. You can't "make" the lien holder do anything as you are in default. This is where lawyers come in. Whether it be negotiating or bull-shit, we are good talkers. It is likely an attorney could work something out for you. You are likely getting a lot of "run-around" from the lien holder, and lawyers know how to cut through that BS and get something substantive accomplished.

I suggest you retain an attorney to help you -- on a limited basis for a few hundred bucks (or hourly at $250).

Answered on 1/09/10, 10:15 am

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Alan Wagner Wagner, McLaughlin & Whittemore P.A.

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The car is your car, not theirs. Do whatever you want with it. Sell it, trade it, take it to the dump and recycle it. It is yours. You will still owe what you agreed to pay on it. If you just abandon it then the condo will remove it eventually and you will have to pay for that cost.

Answered on 1/09/10, 11:49 am

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