Legal Question in Consumer Law in Florida
I am a resident of Florida, the dealership in question is in the state of Florida. I wired money and signed a basic purchase contract for a used "as is" motorhome based on the inform"as is" condition of the information given to me by the salesman at that dealership that everything was working in the motorhome. I documented all of my conversations with the RV dealership as to what they said worked, the condition of the motor home, etc. I was out of town at the time of the transaction and didn't actually see the motorhome in person until I arrived at the dealership days later. The motor home was not as described physically or mechanically. The alternator would not work, the generator would not work. The cosmetics of the RV were definitely not as described. The online photos in their advertisements were also misleading, they did not show any of the cosmetic damage that was present upon viewing it in person. I never signed the title or any other documents that would finalize the deal. I NEVER drove the motor home off the RV dealerships lot. I have asked in writing (emails and letters) to the dealership for them to give me my money back in full, for the motorhome was not as described upon wiring them money, but they refuse to do so to date. What is your advice on this situation, can they legally hold money on something that I have refused to take possession of? Another interesting matter is they told me they took the motor home off the market during the period of me wiring them the money to this date, yet I have printed advertisements from online sites advertising the unit still for sale from the date I sent the money to now. I would like to know your opinion on my legal rights and what I can do to get my money back. To tell you honestly, I really didn't want to hire a lawyer, but I have tried everything I can think of to get my money back.
1 Answer from Attorneys
Fraud is fraud. If it is fraud, it an exception to the "as is" warranty. Nevertheless, these are difficult cases. I( do handle them. See my website for info. Want to know the law? Sign up for our free newsletter on varies areas of the law by sending an email to [email protected] and requesting the newsletter, or go to www.ConsumerLawyerHelp.com.
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