We handle AUTO DEALER FRAUD with no fee to the client!
Why does It seem like every time a person tries to return a leased vehicle or purchase the leased vehicle at the end of the lease, the dealership inserts mysterious charges or other costs that were not discussed previously? As the buyer, you think that because the charges are on a line in the paperwork, you must have agreed to them. Besides, you think to yourself, the dealership is a big company from a major automaker, certainly, they wouldn’t try to take advantage of you, right?
Unfortunately, you very well could be wrong. At Cutler Rader, we’ve learned, as has been reported by several news outlets, that this is one of the biggest scams going. The charges are inserted so quietly, and look so official, that few people question them. They just pay the charge, thinking that they agreed to it already and don’t want to challenge the dealership. And the dealership makes off with your money.
The law is clear. Under the federal Consumer Leasing Act (15 U.S.C. 1667 et seq.) (“CLA”), Florida’s Motor Vehicle Lease Disclosure Act and Unfair and Deceptive Practices Act, the charges are also illegal. Simply put, if it wasn’t in the original lease agreement, it can’t be charged at the termination of the lease. Period.
Did you know that Cutler Rader has handled multiple cases from frustrated clients who feel like they are being charged either illegal dealer disposition fees, illegal lease buyout fees, hidden lease buyout fees, or illegal dealership fees that were not contained in their original agreements? That is where we come in. If you feel like you are being ripped off by a dealership at lease end, give us a call. Usually, it is the guilty dealership that pays our attorney’s fees, and there is no cost to you!
The South Florida business litigation attorneys of Cutler Rader, PL, have been privileged to represent both businesses and individuals in contract lawsuits. We have successfully recovered money for our commercial clients in cases involving a wide variety of breach of contract and business tort claims. Our skilled trial attorneys offer experience in handling complex cases involving the recovery of debt, commercial leases, sales contracts, partnership disputes, employment contracts and many more types of agreements.
What Legal Remedies Are Available in a Florida Breach of Contract Lawsuit?
When you are the victim of a contractual breach, meaning someone you do business with did not fulfill their obligations under an agreement, there are several potential remedies you must consider. Do you wish to seek money damages under the contract? Would you rather compel the offending party to perform their contractual duties? Is it smart business to continue doing business with this person or entity in the future?
Florida law offers several potential avenues of recovery in a breach of contract context. First is of course money damages, which can be broken down into two main categories:
Compensatory Damages: The overall goal of compensatory damages in a breach of contract case is to put the party victimized by the breach back where they would have been had the contract been fulfilled. Compensatory damages are intended to “make the plaintiff whole.” This may include direct damages, the actual loss felt by your business as a result of the breach, and consequential damages, which are intended to provide compensation for any indirect damages caused by the breach of contract. For example, if, as a result of the breach of contract, you were forced to make alternate arrangements and incur additional expenses, those may be recoverable.
Liquidated Damages: Where it will be difficult to determine the amount of damages in the event of a breach, some contract will incorporate a liquidated damages clause. Essentially, the contract explicitly spells out the amount of money that a court can award to the aggrieved party if the contract has been breached. However, where the amount it deemed to be excessive, Courts may invalidate these provisions entirely.
Sometimes, after a breach of contract, the aggrieved party may not want money. For a host of reasons, it may be more beneficial for a business or individual to look at the relationship of the parties and come up with a different solution to the problem. In these cases, the business trial attorneys at Cutler Rader may seek equitable relief from a court. Equitable relied is a way to seek for the courts to compel or force a person or company to act or refrain from acting in a specific manner.
A few of the more common forms of equitable remedies in a breach of contract action as:
Specific Performance: Here, the breaching party is required to honor its obligations under the terms of the contract. Specific performance is typically sought in cases where money damages simply cannot make the party victimized by the breach whole. The court will look at all the factors and may issue an order requiring the breaching party to perform under the terms of the contract. This can happen in instances where the breaching party has some sort of uniqueness to it, like where it is the only company to produce a certain part that your company requires to fulfill an order made by another customer.
Rescission: Rescission cancels the contract entirely. When a Florida judge grants rescission, both sides may be excused from any further performance or obligations under the contract. Any money or goods transferred between the parties may be sent back. The goal is to put the parties back where they stood at beginning of their dealings together, as if the contract never existed.
Injunctions: In some cases, your company may wish to seek an injunction. This is an order of the court designed to prevent another from acting a certain way or forcing another to act in a certain way. In the case of a business breach of contract, this may include preventing a company from selling certain goods or services, stopping a company from disbursing proceeds of a sale or temporarily halting a business relationship between the breaching party and a third party.
If you believe you may have a claim for breach of contract and would like to learn more about your rights under Florida law, the business litigation attorneys at Cutler Rader today to review your case and discuss the damages that may be available to you. We offer free consultations and offer a no recovery, no fee guarantee.
When you have Cutler Rader, P.L. on your side, you know you’re getting outstanding representation. Call today. 954-913-CASE (2273).