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Steven Michael Fahlgren

Steven Fahlgren’s Answers

251 total


  • Name Brand Car Dealership Lied Re Purchase $ Details. ANY LEGAL RIGHTS IF less then 24 Hrs? We pay remainder of Dwn Pmt in 3 Day

    My husband is disabled and was in a lot of pain. Only wanted to look at the car. I'm disabled Homebound I contacted the Dealership online & asked about car, scheduled time for husband to LOOK Only. We did tell them we're NOT going to buy for 2 wee...

    Steven’s Answer

    Many consumers ask if there is an automatic right to cancel a contract to purchase a car within three days. The general answer is there is no three day right to cancel the transaction but, as always, there are exceptions. I'll give you some general guidelines. Consumers can rescind a contract if it was induced by fraud and the parties can be returned to the status quo. Consumers can revoke acceptance of a car if he or she received non-conforming goods, e.g., the consumer buys a 6 cylinder and later learns it is a 4 cylinder. Consumers would need to revoke acceptance in a reasonable time. Consumers can rescind a transaction if the sale involves a retail installment sale contract and the buyer has not taken delivery of the vehicle. Consumers can sometimes cancel a contract as part of a remedy if there is a breach of warranty and suit is brought under the Magnuson-Moss Warranty Act. Consumers can cancel some deals if they have not received a copy of the retail installment sale contract and have not taken delivery of the vehicle. Section 520.07(c) of the Florida Statutes provides that "[u]ntil the seller has delivered or mailed to the buyer a copy of the retail installment contract, a buyer who has not received delivery of the motor vehicle shall have the right to rescind the agreement and to receive a refund of all payments made and return of all goods traded in to the seller on account of or in contemplation of the contract or, if such goods cannot be returned, the value thereof." Consumers probably can void a usurious contract under some circumstances or one that calls for finance charges in excess of Section 520.08, but that is rare. The age issue (i.e., the buyer being a minor) or some other lack of capacity oftentimes makes a contract void or voidable. There are certain protections for home solicitation sales. A consumer who entered into a contract to purchase goods or services worth more than $25 is usually allowed to cancel the contract up until midnight of the third business day after the contract was signed if the act of signing took place at any place other than the seller's business location. For home improvements, a contract to repair, make a replacement to, remodel, alter, convert, modernize, improve, or add to any land or building used as a single-family dwelling or residence in which financing is involved, may be cancelled by certified or registered mail up until midnight of the third business day after the contract was signed. Of course, consumers should always review their specific facts with an attorney to ensure that an exception to the above statements does not apply. It is hard to understand your claim that you were charged $3-4k more than told because you signed documents. The law generally treats each individual who signed a contract as a person with knowledge of its contents, i.e., read documents before you sign them because the law generally assumes you did.

    For some car buying tips, check out articles on my website: http://fortheconsumer.com/articles.htm.

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  • Can I sue my dealer for negligence?

    I bought the car March 29, 2014. The dealer doesn't do warranties but he said that nothing was wrong with it. But, basically I only had the car in my possession a few days total. I've owned the car a little less then a month and it's been at the d...

    Steven’s Answer

    According to the information you have provided, you have a problem with a car dealer; specifically, you may have purchased a vehicle without proper disclosure or in a situation where the prior use, condition, history or type of vehicle was misrepresented. Fortunately, I have a lot of experience defending and suing car dealers. Prior to forming my own practice in 2002, I represented several car dealers. Since forming my own practice, I represent consumers and no longer represent any car dealers. I have sued several car dealerships for selling a used vehicle without proper disclosure. You have provided some basic information about your problem, but it would be helpful to review the contract documents.

    It sounds like you may have a claim for breach of contract, fraud and unfair and deceptive trade practices. Just because something is sold "as is" does not give the seller a license to lie about the prior use, condition or history of the vehicle. There are certain disclosure laws that apply to car dealers selling cars to consumers versus a dealer selling someone a vehicle for commercial use.

    It would also be useful to read a detailed time line in chronological order reflecting the dates and the specific details of what happened. I really need to know what representations were made, when they were made, who was present, the details and date/time of all communications with the car dealer, any finance company or any repair shop relating to your potential matter. It is very important that you also provide a chronological copy of the relevant documents including but not limited to any advertisements that may pertain to your vehicle, any documents you obtained from the dealership, finance company or repair shop.

    Ordinarily, you should not get the vehicle repaired or dispose of the vehicle unless and until it has been inspected by your expert and the other side has been given a significant opportunity to inspect the car as well. Otherwise, you may be subject to a defense that you spoiled the evidence.

    Again, based on the information you presented, you may have a case under Florida Unfair and Deceptive Trade Practices Act or another cause of action. Effective July 1, 2013, a law requires specific demand letters to car dealerships or you will lose valuable rights. It is usually advisable to retain an attorney before pursuing litigation. I wish you the best in the future.

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  • My wife's identify was stolen 8 years ago and was stolen again they took out a car loan and a jewelry loan in her name what todo

    Last time it was stolen they never caught the person she thinks its the same lady at a complete blank on what to do

    Steven’s Answer

    This response is directed to your wife. You may be a victim of identity theft or you may have mixed and multiple files with a credit bureau. Fortunately, I have some experience with these types of cases. http://www.fortheconsumer.com/article-williams-v-equifax.htm
    If you have not done so already, it would probably be a good idea to review your credit report prepared by Equifax, Trans Union and Experian. You may also want to check with Innovis, a more recent credit reporting agency. You can order your credit reports from the big three for free once a year by calling 877-322-8228. It is a lot simpler and quicker than jumping through all the hoops on the internet and you do not risk mistakenly agreeing to waive your right to a jury trial by arbitration. Please be sure to stay on the line until you have ordered all three reports. You can also go online to www.Annualcreditreport.com
    If you have not already disputed properly, you should consider disputing with the credit bureaus who claim you owe a debt. You should be as detailed as possible. Hopefully, that will take care of the problem or at least help. Because you have advised that your case involves identity theft, you should obtain a police report and also complete the FTC Identity Theft Affidavit. I strongly recommend that these documents be sent to the credit bureaus with your dispute. If the creditor or debt collector has already asked you for more information, you should provide that to them. If you do not, they will take the position in any litigation that you failed to mitigate your damages. Most judges and juries are going to expect you to use your best efforts to solve the problem. If after you dispute to the creditors, they continue to try to collect the debt by sending you dunning letters or by placing or leaving items on your credit report, then you probably have a claim under Florida's Consumer Collection Practices Act and/or the Fair Credit Reporting Act.

    If you dispute in writing and send the dispute via certified mail, your case would probably be one that I would take on a contingency fee basis. In case you have not, you can email me and I will try to email you an instructional form for dispute letters as a convenience to you (in word format). Please act quickly because there is a two year statute of limitations under the Fair Credit Reporting Act, although there is an argument now that it can be longer if you did not learn of the violation for some time. Your failure to act quickly could result in a loss of valuable rights. There is only a one year statute of limitations under the Fair Debt Collection Practices Act. I cannot give you any advice as to when the statute of limitations starts running until I am retained because sometimes it is not clear.
    You should file a police report if you have not done so already. You should obtain an EXTENDED fraud alert on your credit reports.
    If there are errors on your credit report, you should consider disputing with the credit bureaus who claim you owe a debt. You should be as detailed as possible. Hopefully, that will take care of the problem or at least help. Because you have advised that your case involves identity theft, you should obtain a police report and also complete the attached fraud affidavit. I strongly recommend that these documents be sent to the credit bureaus with your dispute. If the creditor or debt collector has already asked you for more information, you should provide that to them. If you do not, they will take the position in any litigation that you failed to mitigate your damages. Most judges and juries are going to expect you to use your best efforts to solve the problem. If after you dispute to the creditors, they continue to try to collect the debt by sending you dunning letters or by placing or leaving items on your credit report, then you probably have a claim under Florida's Consumer Collection Practices Act and/or the Fair Credit Reporting Act.

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  • What recourse do I have towards a repair shop that doesn't know what happened to a missing machine that I left for repair?

    I left a name brand lawn edger for re-repair only 2 weeks ago and proprietor now says he may have sold it (possibly inadvertently), since he cannot find it. I have the paid sales receipt and claim tag from him. He expects me to accept another mac...

    Steven’s Answer

    You may have a breach of bailment claim. If successful, you probably are entitled to the fair market value of the item that is missing. I wish you the best in the future.

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  • Is it possible to sue someone who sold me a car with more issues than was stated?

    the seller said all it needs is the timing back on and the car will run, i ask a list of questions about if the car had other issues he said no, i made him write a letter of guarantee before i purchased the car, so i put the belt on and the car is...

    Steven’s Answer

    According to the information you have provided, you have a problem with a car dealer; specifically, you may have purchased a vehicle without proper disclosure or in a situation where the prior use, condition, history or type of vehicle was misrepresented. Fortunately, I have a lot of experience defending and suing car dealers. Prior to forming my own practice in 2002, I represented several car dealers. Since forming my own practice, I represent consumers and no longer represent any car dealers. I have sued several car dealerships for selling a used vehicle without proper disclosure. You have provided some basic information about your problem, but it would be helpful to review the contract documents.

    It sounds like you may have a claim for breach of contract, breach of express warranty, fraud and unfair and deceptive trade practices. Just because something is sold "as is" does not give the seller a license to lie about the prior use, condition or history of the vehicle. There are certain disclosure laws that apply to car dealers selling cars to consumers versus a dealer selling someone a vehicle for commercial use.

    It would also be useful to read a detailed time line in chronological order reflecting the dates and the specific details of what happened. I really need to know what representations were made, when they were made, who was present, the details and date/time of all communications with the car dealer, any finance company or any repair shop relating to your potential matter. It is very important that you also provide a chronological copy of the relevant documents including but not limited to any advertisements that may pertain to your vehicle, any documents you obtained from the dealership, finance company or repair shop.

    Ordinarily, you should not get the vehicle repaired or dispose of the vehicle unless and until it has been inspected by your expert and the other side has been given a significant opportunity to inspect the car as well. Otherwise, you may be subject to a defense that you spoiled the evidence.

    Again, based on the information you presented, you may have a case under Florida Unfair and Deceptive Trade Practices Act or another cause of action. Effective July 1, 2013, a law requires specific demand letters to car dealerships or you will lose valuable rights. It is usually advisable to retain an attorney before pursuing litigation. I wish you the best in the future.

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  • Negative Credit Bureau Reporting During and After Chapter 7

    I have 30, 60, 90 day late reports on my credit report for months after my Chapter 7 filing date. I have 90 day late reports for months after my discharge date. I have KD reports on my credit report for months after my Chapter 7 ...

    Steven’s Answer

    I agree with the lawyers who state that it is impermissible for a creditor with knowledge of your bankruptcy and constructive notice of your discharge to continue to report a balance due after the bankruptcy. Unless it is a debt that is exempted from discharge (a rarity), the continued collection of the debt is a violation of the post discharge injunction and/or the Fair Debt Collection Practices Act. Also, if you dispute properly, it is a violation of the Fair Credit Reporting Act for the furnisher/creditor/debt collector to continue to report anything but included in bankruptcy zero balance. I have sued Equifax and Household Finance for this claim in the Middle District of Florida, Orlando Division. Have a great day.

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  • Identity theft on a debit card which the financial institution refuses to make restitution

    An unauthorized charge was made on my debit card twice by a company from China that I never heard of A goggle search provided no contact information, only fraud alerts The charges were for identical amounts made less than three weeks apart and th...

    Steven’s Answer

    You may have a claim. It depends on how quickly you objected. It probably also depends on the language of your agreement with the credit card company although I seem to recall that the Consumer Financial Protection Bureau was making rules in this regard. Unfortunately, it would require me to research thoroughly to answer your question. You should begin creating a timeline and gather all of the relevant documents in case you need to meet with a lawyer to review your potential claim. I wish you the best in the future.

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  • Do dealerships in florida have to disclose accidents on used cars?

    i brought a car and when i wanted to trade it in the car fax showed it was involved in an accident.

    Steven’s Answer

    You may have a fraud claim or a warranty claim or both. According to the information you have provided, you have a problem with a car dealer; specifically, you may have purchased a used lemon vehicle without proper disclosure. Fortunately, I have a lot of experience defending and suing car dealers. Prior to forming my own practice in 2002, I represented several car dealers. Since forming my own practice, I represent consumers and no longer represent any car dealers. I have sued several car dealerships for selling a used vehicle without proper disclosure.

    You have provided some basic information about your problem, but it would be helpful to review the contract documents. It would also be helpful to know if the vehicle is unmerchantable, i.e., whether it would pass without objection in the trade under the contract description. In other words, how serious was the damage and the repairs. Each of these answers will help determine how "material" the misrepresentation the dealer made as to the prior condition, use or history. We usually need to have an expert prepared to testify if the case is litigated. This can be costly so we need to know beforehand just what damages were involved and the extent the repairs were performed adequately or not.

    It sounds like you may have a claim for breach of contract, fraud and unfair and deceptive trade practices. Just because something is sold "as is" does not give the seller a license to lie about the prior use, condition or history of the vehicle. There are certain disclosure laws that apply to car dealers selling cars to consumers versus a dealer selling someone a vehicle for commercial use.

    It would also be useful to read a detailed time line in chronological order reflecting the dates and the specific details of what happened. I really need to know what representations were made, when they were made, who was present, the details and date/time of all communications with the car dealer, any finance company or any repair shop relating to your potential matter. It is very important that you also provide a chronological copy of the relevant documents including but not limited to any advertisements that may pertain to your vehicle, any documents you obtained from the dealership, finance company or repair shop.

    Ordinarily, you should not get the car repaired unless and until it has been inspected by your expert and the other side has been given a significant opportunity to inspect the car as well. Otherwise, you may be subject to a defense that you spoiled the evidence.

    Based on the information you presented, you may have a case under Florida Unfair and Deceptive Trade Practices Act or another cause of action. Effective July 1, 2013, a law requires specific demand letters to car dealerships or you will lose valuable rights. It is usually advisable to retain an attorney before pursuing litigation. I wish you the best in the future.

    See question 
  • Can i sue my school for misrepresentaion about them being accreditted and if so how do i sue them?

    I'm in my final stech of my program and just found out that i wont be able to sit for my boards. So basically my school got 20,000 out me.

    Steven’s Answer

    These are fact based inquiries. We need to know a lot more about the representations that were made and whether they were made in writing. You may have a claim for fraud, false advertising, unjust enrichment, negligent misrepresentation and for a violation of Florida's Unfair and Deceptive Trade Practices Act but there is not enough information to evaluate your potential matter.

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  • Dcf was just at my house

    they were here and looked around and asked questions. i told them the truth and they said everything that was told to them was false can i do anything about this to the person that called them.

    Steven’s Answer

    In some instances, DCF will seek to have prosecuted an individual who knowingly files a false report but your rights are very limited as my able colleagues have stated.

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