My Friend bought a car last year from a less then reputable car dealership in Florida (her first car and went alone), When she signed the Contracts they told her they would mail her copies as it was late and the printer was having issues, it wasn't until she had a problem recently with the car and needed her warrantee information that she realized she never received any of her copies of the paperwork. after asking me about what rights they had under the warrantee for repairs is when she told me who she bought it from. and I realized this Particular dealership made a practice of having customers sign contracts with all kinds of hidden aftermarket warrantees, insurances and Products that the client isn't aware of and not giving them copies of their paperwork so they or a confidant could not read it when they got home and still have time to cancel as well as giving them time to cash the contracts with the Bank before being found out. We called the Dealership twice and asked them too fax and mail copies, they say they will but never do and its always hard to get a hold of someone there.(its a 5 hr. drive too get there so not easy to go and pick up papers in person.
The car dealer may have violated the law. Your friend needs to take the documents she was given at the time she purchased the car to an attorney.
My response above is only general, legal and business analysis. It is not "legal advice." It is my own analysis based on the limited brief summary you presented. Other attorneys may have a different analysis and opinion especially if more facts are considered. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in the State of New Jersey.
Most states have laws regarding the exchange of titles and other documents at closing contact your states attorney general and discuss their laws with them
NOTE: The use of the Internet for communications with the firm or this attorney will not establish an attorney-client relationship and messages containing confidential or time-sensitive information should not be sent.
You are entitled to a copy of the documents and should document each attempt made to get them. If they continue to ignore you, it is best to retain an attorney to contact the dealership on your behalf.
This answer if for general information purposes and should not be construed as legal advice. Please consult an attorney of your own choosing before taking any action.
You have good answers from the other attorneys. However, unless your friend gets a copy of the contract, you will never know what is in there. I suggest your friend and you make the half hour trip and demand the contract in person. If they still don't give it to you, that is good evidence in making your consumer reports on this. You can also consult a consumer attorney -- look under the Find a Lawyer tab.
Please note: This answer is not intended and should not be considered as legal advice. Such professional advice requires full disclosure to an attorney of a client’s circumstances and that attorney’s opportunity to analyze those circumstances against applicable law.
In Florida, one is presumed to have read any contract h/she signs before signing it. There is is even a case where a BLIND person was held to the terms of the contract he signed. The key is the (voluntary) act of signing. The same applies to the "click here" signatures on the net My law students LOVE that one - after all who reads those things before clicking?
if you sign something - you are generally bound to it. The lesson? ALWAYS read what you intend to sign - BEFORE you sign.
Hope this helps.
This communication is not intended in any way to establish an attorney-client relationship, nor provide legal advice; it is submitted by its author simply as a general comment on the facts contained in the Question posed. NOTE: This attorney contributor is NOT actively seeking new clients.
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