Posted on 25 November 2009
Our client signed a contract with a home contractor for improvements to her yard and landscaping. That contract spelled out exactly what work was to be done, and what the price was going to be.
During the middle of the job, the contractor suddenly decided he needed more materials than anticipated in order to finish the job. He then finished the job, and told our client that she needed to pay the difference. He tried to say the initial contract was only an “estimate”, and insisted he was entitled to the higher price. When our client insisted on paying the contract price, the contractor sued her in small claims court. The client asked us to represent her in this lawsuit.
We not only defended the lawsuit, but sued the contractor for misrepresentation, fraud, and unfair and deceptive practices. We were able to successfully defend her, and won her lawsuit against the contractor.
If you have a contract, don’t let an unscrupulous contractor try to intimidate you and take away your legal rights. You have a right to enforce your binding contracts, and not to let them change on the whim of the other person.
Posted on 24 November 2009
Our clients purchased an RV (Recreational Vehicle) from a dealer who provided fairly standard warranties on it. They began experiencing problems immediately, with the RV stalling out on the highway on their trip home from the dealer. Over the next weeks and months, the RV was in the repair shop more often than it was available for use by the clients. When they complained that the RV was a lemon, the dealer refused to take it back. The clients then hired us to seek justice on their behalf
Promptly after being retained, we sent a letter to the dealer spelling out his legal responsibility for the defective RV. The dealer sent our legal analysis to their lawyer, who promptly reviewed it. Based on our legal analysis, the dealer’s lawyer agreed to take back the lemon RV and release our clients from the contract.
Posted on 23 November 2009
Our client, agreed to a product demonstration in her home here in Central Florida. When they showed up for the home demonstration, the salesmen used a combination of intimidating and coercive tactics. First, a pair of men showed up for the sale to a single mother. Second, they promised her significant “prizes” if she signed up and talked her friends and family into also signing up. Third, they took her original product out of her home, so that she would “need” the new one. Fourth, they kept hounding her until she finally signed up, which they claimed carried no obligation. Although the initial price looked reasonable, once you added up the various charges and interest payment, their product’s total cost was in the thousands, even though you could buy similar products at a department store for less than $200. And, there was no evidence it worked any better.
We were able to use our extensive knowledge of consumer law, including the law applicable to home solicitation sales, to assist our client. We sued the unscrupulous sales company and forced it to refund all her money to her, cancel her contract, reimburse her for the costs of litigation, and provide a comparable replacement product.
Posted on 22 November 2009
Our clients, an elderly couple, hired a roofing contractor to replace the roof on their home. Almost immediately, the new roof began to leak. When it rained, they were forced to place buckets all around their home to prevent damage to the interior. The contractor refused to fix it, claiming the shingles were defective. The shingle supplier refused to fix it, claiming the shingles were installed improperly.
To solve this dilemma, we sued both the contractor and the roofing supplier. After a quick inspection of the roof by an expert, it was determined that both were to blame. We were able to get enough money for our clients to hire a more reputable contractor to fix the roof using better materials. Afterwards, there were no more leaks in the roof.
If you pay for a home improvement project, you are entitled to certain rights, including having the job performed well and up to reasonable standards. Most reputable contractors will provide a written warranty for their work. Even if they don’t, Florida law may provide “implied” warranties that become part of your contract. You have legal rights, even if the contract contains an “as-is” disclaimer. If you have suffered due to shoddy home improvement projects and need a consumer lawyer, we would be honored to provide you a free consultation to review your legal rights and your options.
Posted on 22 November 2009
Our client stopped at used car dealership called Automotive Link in Longwood, Florida. He was looking for affordable but reliable transportation, because he needed a dependable car for his job. Automotive Link pointed out a car to him that they claimed met his criteria, and told him that it had been inspected by its mechanic. After buying the car, our client began experiencing problems right from the beginning. Even after several repairs, the car continued to be unreliable, and finally completely broke down.
When we sued the dealer, much of its defense focused on the fact that our client had signed an “As Is” clause when buying the car. However, we argued that the “As-Is” provision in the contract did not allow the dealer to avoid liability for any misrepresentations the dealer made in order to get our client to sign the contract. We defended our client’s rights vigorously, and argued that our client should get all his money back, and the dealer should be forced to take the car back. We were able to undo the deal, forcing the dealer to take back the vehicle and refund our client’s money.
So, remember that you have legal rights that you can enforce when you buy a car, even if you signed an “as is” disclaimer. If you find yourself in this situation, you should promptly contact us for a free consultation to help you determine your rights.