Legal Question in Civil Litigation in Florida

I bought a 2001 Porsche from a dealer..."as is". The Porsche had a small problem of jumping out of 2nd gear and the dealer promised to fix this at his expense. Nothing was shown on the paperwork for the sale other than "as is".

Four (4) months after the sale...I was driving the car daily and perfect except for the 2nd gear problem...and the dealer called and said, "I have the parts I need to fix your car...bring it in...and I will fix it for you..."no charge". I drove the car into his dealership. Left it and went home. NO paperwork signed, nothing!

The dealer kept the car in his control and care for six (6) months. At the end of six (6) months he brought the car back to me on a trailer with NO TRANSMISSION IN THE CAR. MISSING COMPLETELY! Two (2) days later he brought a transmission (not in working order...but suitable to be used as a core for another remaufactured transmission). I asked what he planned to do about this ridiculous situation...and he answered....nothing...find someone else to fix your transmission. Let me know who you find and I may pay a partial amount of the cost...but it is in your hands now.

I found out that he fixed the 2nd gear with 3 different mechanics (1 of which was his) and the other two...Aamco transmissions and Bavarian Works. Somewhere in the process someone forgot to put oil in the transmission and when he tried to deliver it to me....the driver burned out the clutch...and destroyed the transmission that had insufficient oil in it for the trip to my home.

The clutch was repaired at my expense. Additionally I paid for some of the parts that went into the transmission to speed up the repairs....costing me approx $3400...and all I have for that expense and 6 months of loss of use is a Porsche that is sitting in my garage and the broken transmission sitting on the floor of my garage.

1. Has the dealer committed a crime? 2. Has the dealer voided the "as is" portion of the sale and is now responsible for the evident transmission damage as well as any unknown damage as the car can't be test driven until a transmission is installed? 3. Can I be helped by the Department of Motor Vehicles in Florida? 4. Can I force this dealer to buy the vehicle back and refund all my money including the $3400 spend for repairs caused by him or his agents while in his car or control 5. Can I file against his Surety Bond of $25,000 and ask for punitive damages that are 3 times the amount if his actions can be found to be intentional or malevolent? 6. What proof do I need to find that this damage was intentional or malevolent? 7. Can I get reasonable attorney fees paid for by the dealer if a lawsuit is necessary.


Asked on 3/24/11, 1:06 pm

1 Answer from Attorneys
Hunter Chamberlin Chamberlin Butler & Crowe, P.A.

You may have a claim for fraud in the inducement, a violation of Florida's Deceptive and Unfair Trade Practices Act, Breach of Contract, and potentially others. The answers to your specific questions depends on many things, and in any case are probably too complicated to be answered fully here.

I would be happy to discuss your case with you further. If you would like to call or email me directly, you can do so at 813-374-2216 or [email protected].

Read more
Answered on 3/24/11, 1:27 pm


Related Questions & Answers

More General Civil Litigation questions and answers in Florida