Legal Question in Consumer Law in Florida

Florida binding agreement and disclosure laws

A coworker recently purchased auto rims from a Florida Dealer when the company went to fill the order they told him they didnt have the exact ones he wanted, but that if he did not like them, they would take them back. Upon recieving them the gentleman signed for them. He looked at one of the four and decided he didnt like them. He called them and told them he didnt like them and they said no problem they would send an ARS tag for him. A week later he called to find out when they would get them. They then told him that since he signed for them they were his. In the next thirty days he has called over forty times and has no been told that since they made that agreement with them they have changed their policy. That he would pay for the return shipping and they would then decide how much to refund him. When he then asked for the names of the owners they told them that they would not give them their names. The question is what are the disclosure laws in Florida for interstate trade? Also are they bound by the original agreement that they themselves admit entering into. They confirmed this to me when I myself spoke to them. What is his recourse in that matter.


Asked on 2/24/03, 6:33 pm

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

Re: Florida binding agreement and disclosure laws

Your recourse is to sue them for breach of contract and possibly fraud. Furthermore, any contract for the sale of goods and in excess of $500.00 must be in writing. If you need assistance, you may contact me to discuss the possiblity of us retaining you as a client.

Sincerely,

Randall Gilbert

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Answered on 2/24/03, 7:16 pm


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