Legal Question in Business Law in Florida

I recently purchased a custom vehicle. The dealer is using it in a preview at the movie theater for advertising. They did not disclaim this at time if sale. Is there any royalties I should be collecting?


Asked on 1/26/14, 4:44 am

1 Answer from Attorneys

Stephen Verbit Stephen R. Verbit, P.A.

More information is needed in order to answer your question. The questions I would have are when did you actually acquire title to the vehicle, when was the dealer obligated to deliver the vehicle to you, and when did the risk of loss or damage to the vehicle pass from the dealer to you? If the title has not been transferred to you, and if the time for delivery of the vehicle to you has not arrived, even if you already paid the purchase money to the dealer, it is not clear that the dealer would be prohibited from using the vehicle, as long as the dealer continues to bear the risk of loss or damage to the vehicle, and as long as the vehicle is delivered to you in the same condition it was in, and roughly the same mileage it had, when you agreed to purchase it. It is also not clear that the dealer would have had a duty to disclose what they would be doing with the vehicle prior to title being transferred and delivering the vehicle to you. If you had asked, and the dealer lied, that might be a different story. You should consult an experienced business attorney and provide more information, including any documents involved in the purchase and sale of the vehicle, in order to get a more definite answer to your question.

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Answered on 1/26/14, 5:28 pm


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