I contracted with a "broker of transportation" to transport a car from HOU to JAX. Can't see way out even with nonperformance.

Asked about 1 year ago - Jacksonville, FL

On 6/17, contracted with Titanium Transport (TN) to transport car from HOU to JAX for $350. They took a $150 deposit & said car would be picked up at 6pm & delivered probably 6/19 or 6/20. They said carrier wanted another $50. I said no. They said I should agree to pay another $25 to carrier &Titanium would reimburse me. I agreed. The carrier did not pick up the car on 6/17. On 6/18, they said carrier's trailer broke and they would find me another carrier. Each day I have called every 3 hours &they have said they haven't found another carrier. They close for the weekend. In reading the contract, they have 10 days to pick up the vehicle or 1. customer can add $50-$100 to encourage pick up or 2. customer can upgrade to Priority Rate w/ 3 business day scheduling. I don't see an out

Attorney answers (2)

  1. Andrew Michael Bonderud

    Contributor Level 14

    3

    Lawyers agree

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    Answered . Generally, in situations like these, the contract would govern your rights and obligations. If they've breached the contract, then, you would be relieved of further performance under the contract, and you would be able to get a refund. If they haven't breached the contract, then, you might be stuck. That's not to say that a strongly worded demand letter from an attorney, on your behalf, to the company would not get their attention. On the other hand, if the company is a member of the Better Business Bureau (which, Titanium is -- and by the way, their BBB score is an F! ), then, perhaps you could get them to enter BBB-moderated mediation with you.

    Andrew M. Bonderud, Esq. is an attorney The Bonderud Law Firm, P.A. He offers free consultations 24/7. You can... more
  2. John P Corrigan

    Contributor Level 19

    1

    Lawyer agrees

    Answered . Practical solution her......Tell broker they are in breach of contract and misrepresented the deal -- ask for refund-- they say no then you will put out a blog on the broker and also reach out to attorney general and BBB. For the dollars at stake you do not want to pay a lawyer $300 to write a letter after consulting with you to try get back a $150 deposit.

    My answer is not intended to be giving legal advice and this topic can be a complex area where the advice of a... more

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