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Misrepresentation of Merchandise/Fraud

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Roxy714

Guest
I brought my car in for service to a shop in Miami, FL. After my car was serviced, I informed Raphael, a representative, from the shop that I was trying to sell my car.

At that time, Raphael informed me of another patron that loved my car and wanted to trade his car with mine. Raphael assured me that the car was in excellent condition and if there was anything wrong mechanically with the car, the shop would take care of it.

I met the owner of the car, Rockmel, later that week and made the trade of titles. After a few days of driving the car, I realized the odometer wasn't working. Upon more investigation, I also found out that the car had been in an accident and the frame was badly damaged, thus significantly lowering the value of the car and the safety of the car as well.

I called Rockmel to give me back my car, but he wouldn't. He said that the odometer just broke.

When I spoke to the shop, they claimed that Raphael, the owner's son was no longer there because of the problems he had caused.. and that they weren't responsible.

I also have information that as soon as the trade was done, Rockmel took my car back to the shop for upgrades of over $3000.

I have documentation that the car's odometer failure was due to the accident and that the frame was significantly damaged, only making the car worth @2500. . Also, on the title he gave me, it reads, "Odometer exempt".

I have documentation that my car was worth $7500 and that his car by blue book value was worth $9600.


I have already filed small claims against the shop and the owner for not divulging the information. The amount is $5000 a piece.

I am asking for specific law to cite in court to present my case. I'd like either law itself or a site where I can research the law myself.

If you have any further questions, please do not hesitate to e-mail me.

Thanks,
Jo
 


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lawrat

Guest
I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

Your best bet: the uniform commercial code.

Look under things like breach of contract, misrepresentation, fitness for a particular use, etc.

Under the prinicipal agent theory, it can play out two ways: worker was agent of guy with bogus car.
worker, was employee of mechanic shop, was agent of guy with bogus car.

Either way, you come out smellin' like roses/
 
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Roxy714

Guest
Lawrat,

Thank you for that information. I'm also looking for a web site that I can search for that specific information. Any ideas?

Jo
 

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