Legal Question in Consumer Law in Florida

what legal avenues do I have?

I reserved a beach front room at a resort in Florida in March. I arrived April 10 to find that there was a beach front construction project underway for 2 years that they failed to disclose. There were bulldozers, lights and generators running all night. I left to go elsewhere and lost my $500 deposit. My fiancée was in tears over the whole mess. The manager said ''sue me'' then threatened to have the car towed if I didn't leave the parking lot immediately.

So is it worth it?

I have plenty of pictures that show the condition of the facility and beach front.


Asked on 5/01/06, 7:53 pm

1 Answer from Attorneys
Adam L. Rothenberg Levinson Axelrod, P.C.

Re: what legal avenues do I have?

There may be a claim for consumer fraud if they made specific representations. However, unless it is a chain then there is a likelihood that it has to be litigated in FL. However, it will depend much on the law there as well as what representation were made.

In NJ, a successful consumer fraud cases requires the defendant to pay the attorney's fee. That makes a smaller claim such as this one possible. I do not know the answer for a FL case.

For the aggravation, it is probably marginal in pursuing the case. On the other hand, you should also complain to the BBB, post on the web and contact the FL travel board as ways to addres the situation. Antoher alternative would be to contact the hotel in writing advise of the problem and see what they might be willing to do inb the light of day, advising that you do not want to take the actio ntaht I just mentioned.

Good luck.

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Answered on 5/02/06, 1:43 pm


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