Robert Kevin Savage's Answers

Does Florida Lemon Law cover private person to person sales?

No, the Florida Lemon Law is for new cards purchased from a dealer. You may have a fraud claim and perhaps some type of warranty claim based on your sales contract.

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Strange that I can't get any feed back on my question. It isn't that hard

Your situation is indeed complex. You will need to find a lawyer who practices in that area of the law and that lawyer will likely seek payment for their advice. Good luck.

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Fraud

It is likely that you could have a cause of action against the dealer if the salesperson was acting as the car dealer's agent and performing his duties as a salesperson for them. This has limitations that may or may not apply in your case. You could also go after the salesperson for conversion, fraud, perhaps some other claims. Good luck.

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I have a signed contract to buy a forclosed home from a bank and now they refuse to close. Is this a breech of contract.

You may well have a breach of contract situation but without seeing the contract it is impossible to say. You could have a claim, if for nothing else, for the money you have spent in reliance on their representations that you own the house. You may be able to sue for specific performance, too. Have they provided reasons why the refuse to close? Was the house actually foreclosed or did the mortgage holder bring the mortgage up to date before the judicial sale? You should find and hire a FL...

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How do I know if a contract for modifying a mortgage is legit?

You probably are better off finding an attorney to help you modify your mortgage. These companies that you are talking about may or may not be a scam. One red-flag for you is if they insist on large payments up front to modify your loan. To modify a loan you will need to provide some evidence that you cannot afford to pay (tax forms, pay stubs, etc). It can be done in many cases but be careful of who you hire to do it for you. At least with a FL attorney you can feel a bit safer that they...

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Opening Dance studio, would like to file Non Profit, can you fund raise if not a 501c3? Money goes to parents fees.

If you are going to be acting as a 501c3 you will want to make sure you have all of your paperwork in order. A big factor will be the deductable nature of money donated if you raise funds before getting your 501c3 - many people donate to charities and expect to be able to get a tax benefit. If it comes time for taxes and a donor finds out they can't deduct their donations to you they may feel that you did not disclose all you should have to them. Also in Florida you will need to make sure...

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Do I have any recourse to collect back pay from business owner?

You set up as an LLC? Do you have a copy of the documents? If it was set up with your 'partner' as the managing member, she can run the business - almost like a CEO. However, if you were a member as well and did not have an employment agreement with the LLC independent of your being a member you may be out of luck. Typically when you are an LLC member you are an owner and in your case it sounds like you were an owner of a company that as not worked out. Now, if the business is still...

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Getting a loan i'am trying to start a business but i'm have a hard time finding money to start it what can i do to pay 4 da

Raising money for a new business is frequently a challenge for business owners. There are a number of places to try to find loans including the small business administration, you can check with state and local governments to see if they have any assistance programs, you can try to find a business partner who has the funds to invest, and there are many other possible ways of raising capital to start a business but invariably in order to get a loan from a reputable source you are going to need a...

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Dispute with furniture retailer over unsatisfied purchase can I get a refund

Look to your purchase contract as far as returns/refunds. Does your situation fall into any of those categories? If so you may have a chance. Or there may be other causes of action such as fraud, misrepresentations, and perhaps other things. Your best bet would be to find a lawyer down in Miami and talk to them about this. Good luck.

Business owes money for phone book advertising.. What recourse can they take?Business has taken a beating due to economy.

The phone company probably had you sign a contract for the advertising. Assuming it is an enforceable contract (and it probably is) then their rights will be derived from the contract. They likely can sue to recover and get a judgment that they could seek to enforce against the company. Another option may be to negotiate a settlement. Of course without seeing the actual contract it is difficult to say. I am licensed to practice only in Florida. Good luck!