Archive: September, 2012

Palmetto Florida Used Car Dealer Arrested

Posted on 09/30/12 by Dana Manner
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September 21, 2012 – Thomas Breese Brown Jr. owner of Palmetto Automotive Sales and Service LLC, a used car dealership located at 405 8th Avenue West, Palmetto, FL has been arrested, the Florida Department of Revenue announced. Mr. Brown, 42, who lives in Palmetto, was arrested by the Manatee County Sheriff’s Office on felony and misdemeanor […]

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Hallandale Florida Auto Dealer Arrested

Posted on 09/30/12 by Dana Manner
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September 24, 2012  - William B. Hatchett owner of B&K Motors, Inc. located at 220 North West 5th Avenue, Hallandale, Florida has been arrested on charges that he stole more than $41,000 in sales tax he collected from customers, the Florida Department of Revenue announced today. Hatchett lives in Pembroke Pines and was arrested by the Broward County […]

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Florida Dealer Sues CarFax for Unfair and Deceptive Practices

Posted on 09/15/12 by Dana Manner
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Lake Worth Florida used car dealer “Off Lease Only” is suing CarFax in Federal Court alleging that their reports aren’t accurate, reports CBS12 http://www.cbs12.com/news/top-stories/stories/vid_2150.shtml Off Lease Only, touts being the largest used car dealer in Florida by selling more than 600 cars a month, and used Carfax reports when buying cars for resale. The dealership alleges that Carfax reports aren’t accurate and sometimes change […]

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Florida Dealer Financing Compliance

Posted on 09/15/12 by Dana Manner
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Here’s an amusing video published by FADA regarding Florida dealer non-compliance with car financing laws. Fast-forward to 0:56 to see the police detective pointing a finger and interrogating the hapless F&I manager. Detective: “You’re not issuing the appropriate notice of credit denial. Your Buyer’s Order does not comply with Chapter 501.” F&I Manager: “You’ll have […]

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Duval Motors v. Rogers – FADA Locks Horns with the Auto Finance Industry

Posted on 09/15/12 by Dana Manner
Florida Capitol

As reported earlier in the MannerLaw Blog article “Florida Proposed Legislation to Defeat Duval Motors v. Rogers Case Dies in Committee” which discussed the “Mexican Standoff” between the Florida Automobile Dealers Association(FADA) and the finance companies that buy loans from the dealers about amending the merger clauses on the industry standard RISC forms, we can now […]

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Florida Spot Delivery Case Still has Merit

Posted on 09/15/12 by Dana Manner
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Car buyer Garrietta Vereen sued dealer Lou Sobh Automotive of JAX Inc. d/b/a Honda of the Avenues in Jacksonville, alleging that the dealer violated the Truth in Lending and Equal Credit Opportunity acts, Uniform Commercial Code and the state’s retail sales financing law, in a spot delivery case. Buyer also alleged that the dealer violated Florida’s […]

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Falco v. Hyundai Motor America

Posted on 09/15/12 by Dana Manner
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MISCELLANEOUS PROCEDURAL ISSUES During the hearing, the Manufacturer sought to assert the following statutory affirmative defense not timely raised in its Manufacturer’s Answer or any Amended Answer: the alleged nonconformity does not substantially impair the use, value or safety of the motor vehicle. Paragraph (8), Hearings Before the Florida New Motor Vehicle Arbitration Board, requires […]

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Corporate Debtication Inc. v. BMW of North America LLC

Posted on 09/15/12 by Dana Manner
Repair

Collateral Charges §681.102(3), F.S. The Consumer’s 2010 BMW 750Li was declared a “lemon” by the Board. The Consumer requested reimbursement of $147.00 for window tinting as a collateral charge. The Manufacturer objected because the Consumer did not produce a receipt to substantiate payment. The Board awarded the $147.00 for window tinting as a reasonable collateral […]

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Careers USA Inc. v. Land Rover of North America

Posted on 09/15/12 by Dana Manner
Repair

Incidental Charges §681.102(8), F.S. At the hearing, the Manufacturer, through counsel, stipulated that the Consumer’s 2010 Land Rover Range Rover was a “lemon.” The Consumer requested reimbursement of $3,237.00 paid for rental car charges incurred while the vehicle was out of service by reason of repair of the nonconformity from February 1, 2012, through April […]

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Careers USA Inc. v. Land Rover of North America

Posted on 09/15/12 by Dana Manner
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REFUND §681.104(2)(a)(b), F.S. At the hearing, the Manufacturer, through counsel, stipulated that the Consumer’s 2010 Land Rover Range Rover was a “lemon.” The Consumer requested that the Board award a replacement vehicle. Prior to the hearing, Counsel for the Manufacturer submitted a document titled “Land Rover North America’s Arbitration Memorandum of Law Regarding the Consumer’s […]

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