Legal Question in Consumer Law in Florida
purchases
If you made a purchase and the item did not fit (a boat trailer for your boat) and you wanted to return it the next day - what are your options? Should we stop payment on the check? What are the implications by doing that?
2 Answers from Attorneys
Re: purchases
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such nformation, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
Stopping payment on a check may result in a criminal violation for which the dealer can file a complaint and have you prosecuted by the State of Florida. It can also be prosecuted by the dealer through their attorney in a civil court for treble damages which is three times the amount plus the original value of the check together with court costs and attorney's fees.
I would strongly suggest that you resolve this matter before it reaches this stage. If you are unable to immediately resolve this matter, I would strongly suggest that you consult with an attorney who can advise you regarding your legal rights and obligations. The attorney can also attempt to resolve this matter for you.
Scott R. Jay, Esq.
Re: purchases
there are not enough facts here to really advise you. If they told you that it was the trailer for your boat, then they should take it back. if you just went in and bought it, thinking that it would fit and it did not, they may take it back but are under no obligation to do so. I would not cancell payment on your check. There is no valid reason to do so based on the facts you have provided.
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