| Author |
Message |
DeathRay64
Samba Member
Joined: February 03, 2019
Posts: 217
Location: Arizona
|
 Posted: Tue Nov 22, 2022 9:09 pm Post subject: Re: Anyone know Florida Contract Law regarding Selling a Vehicle |
 |
|
There are ethical standards that an attorney must comply with if he wishes to continue to practice law. No real attorney is going to commit fraud in a vehicle sale and risk disbarment.
_________________
Making VW's and America great again.
Last edited by DeathRay64 on Sun Nov 27, 2022 10:37 pm; edited 1 time in total |
|
| Back to top |
|
 |
iowegian 
Samba Curmudgeon
Joined: February 16, 2005
Posts: 9829
Location: Somewhere between Dubuque and Keokuk
|
| Posted: Wed Nov 23, 2022 4:59 am Post subject: Re: Anyone know Florida Contract Law regarding Selling a Vehicle |
|
|
| Perhaps if the seller sends the "buyer" $400 in Walmart gift cards the whole problem will disappear. |
|
| Back to top |
|
|
gondiwindi
Samba Member
Joined: December 12, 2006
Posts: 1195
Location: Tampa Bay, FL
|
| Posted: Sun Nov 27, 2022 7:23 pm Post subject: Re: Anyone know Florida Contract Law regarding Selling a Vehicle |
|
|
What are the guys damages? Did he arrange for shipping or something like that? My only concern here is that I don’t think that the state of FL needs another VW kit car so hopefully this deal just goes away for you. 😂
| Air Cooleds Only wrote: |
Hey guys. I have a guy in Florida trying to legally threaten me into selling him my VW kit car.
Facts:
Me and the car are in AZ
He's a FL attorney and he's a real person.
I signed a Florida bill of sale
I asked for a deposit, however there's been NO money transferred or timeline/info to do so.
I told him I wanted to back out of deal because I found a buyer who will meet my terms.
Now he's upset and threating me saying I'm locked into the deal and I have to sell it to him and he will take me to court for damages if I don't follow through.
Very weird deal, if anyone has some USEFULL INSIGHT please help.
Thank You
Chris |
|
|
| Back to top |
|
|
EverettB
Administrator
Joined: April 11, 2000
Posts: 69798
Location: Phoenix Metro
|
|
| Back to top |
|
|
Abscate
Samba Member
Joined: October 05, 2014
Posts: 22633
Location: NYC/Upstate/ROW
|
| Posted: Tue Nov 29, 2022 4:25 am Post subject: Re: Anyone know Florida Contract Law regarding Selling a Vehicle |
|
|
| EverettB wrote: |
Good point, you have to have show damages to sue win damages.  |
FTFY
OP…I am not a lawyer but I’m not sure if that “contract” would be considered executed in FL or AZ , I don’t think who published it determines that. It’s probably where you signed it.
_________________
.ssS! |
|
| Back to top |
|
|
AirHead1966
Samba Member
Joined: October 17, 2019
Posts: 568
Location: Triad Area NC
|
| Posted: Wed Nov 30, 2022 9:09 am Post subject: Re: Anyone know Florida Contract Law regarding Selling a Vehicle |
|
|
| EverettB wrote: |
| Good point, you have to have damages to sue for damages. |
Nope, that is not how contract law works. |
|
| Back to top |
|
|
EverettB
Administrator
Joined: April 11, 2000
Posts: 69798
Location: Phoenix Metro
|
| Posted: Wed Nov 30, 2022 9:19 am Post subject: Re: Anyone know Florida Contract Law regarding Selling a Vehicle |
|
|
| AirHead1966 wrote: |
| EverettB wrote: |
| Good point, you have to have damages to sue for damages. |
Nope, that is not how contract law works. |
Ok, what would be the result then if you win?
Are you having to pay out money as a penalty alone without showing any loss?
If so, how is that determined or is it simply up to the judge to assign some random(?) amount?
_________________
How to Post Photos
Everett Barnes - [email protected] | My wanted ads
"Water is the only drink for a wise man" | "Communication prevents complaints"
Stop dead photo links! Post your photos to The Samba Gallery! |
|
| Back to top |
|
|
calvinater
Samba Member
Joined: September 06, 2014
Posts: 3327
Location: 802 The Pointless Forrest
|
| Posted: Wed Nov 30, 2022 12:18 pm Post subject: Re: Anyone know Florida Contract Law regarding Selling a Vehicle |
|
|
ignore the bastard, if he really wants you car he will pay.
_________________
"Albatross"! |
|
| Back to top |
|
|
AirHead1966
Samba Member
Joined: October 17, 2019
Posts: 568
Location: Triad Area NC
|
| Posted: Wed Nov 30, 2022 1:29 pm Post subject: Re: Anyone know Florida Contract Law regarding Selling a Vehicle |
|
|
| EverettB wrote: |
| AirHead1966 wrote: |
| EverettB wrote: |
| Good point, you have to have damages to sue for damages. |
Nope, that is not how contract law works. |
Ok, what would be the result then if you win?
Are you having to pay out money as a penalty alone without showing any loss?
If so, how is that determined or is it simply up to the judge to assign some random(?) amount? |
You seem to be focused on actual damages. We are not talking about awarding damages here. The correct term would be remedy; this is a breach of contract issue. Breach remedies are not limited to monetary compensation of actual damages; remedies can include specific performance (making the breaching party hold his end of the bargain) or even, depending on the jurisdiction, a statutory (meaning set in law) amount based upon the nature and value of the agreement. Remember Ealon Musk and Twitter? The court was asked to consider making him buy the company; that is an example of specific performance. Of course, it never came to that because he bought the company and fulfilled his end of the bargain. You think he would have paid $44 Billion if his lawyers had seen a way out?
As I said in my earlier post in this thread, every case turns on details and without a looking at the details, without going over all communications parties have had, without examining the verbiage, without looking at local statutes, no one can say what the remedy would be. |
|
| Back to top |
|
|
jspbtown
Samba Member
Joined: January 27, 2004
Posts: 5155
|
| Posted: Wed Nov 30, 2022 3:28 pm Post subject: Re: Anyone know Florida Contract Law regarding Selling a Vehicle |
|
|
Can I ask what kind of kit and the agreed to sales price?
Only asking because I doubt any Attorney would buy a kit (like the ones I have bought which were barely completed and really not worth much) and would go forward with a suit in a different state.
Not many kits are worth that amount of effort. |
|
| Back to top |
|
|
my59
Samba Member
Joined: August 13, 2003
Posts: 3789
Location: connecting the dots
|
| Posted: Wed Nov 30, 2022 8:46 pm Post subject: Re: Anyone know Florida Contract Law regarding Selling a Vehicle |
|
|
So the buyer is a real person....but are they a real lawyer??
https://www.lawyerlegion.com/associations/state-bar/florida
_________________
my59: Well son, my grandfather died before I got to drive it, so does that answer your question?
our79: sunroof bus w/camper interior and 2.0 FI
Other:'12 Jetta, '77 Benz 300D, and a 74 MG Midget. |
|
| Back to top |
|
|
EverettB
Administrator
Joined: April 11, 2000
Posts: 69798
Location: Phoenix Metro
|
| Posted: Wed Nov 30, 2022 10:18 pm Post subject: Re: Anyone know Florida Contract Law regarding Selling a Vehicle |
|
|
| AirHead1966 wrote: |
| EverettB wrote: |
| AirHead1966 wrote: |
| EverettB wrote: |
| Good point, you have to have damages to sue for damages. |
Nope, that is not how contract law works. |
Ok, what would be the result then if you win?
Are you having to pay out money as a penalty alone without showing any loss?
If so, how is that determined or is it simply up to the judge to assign some random(?) amount? |
You seem to be focused on actual damages. We are not talking about awarding damages here. The correct term would be remedy; this is a breach of contract issue. Breach remedies are not limited to monetary compensation of actual damages; remedies can include specific performance (making the breaching party hold his end of the bargain) or even, depending on the jurisdiction, a statutory (meaning set in law) amount based upon the nature and value of the agreement. Remember Ealon Musk and Twitter? The court was asked to consider making him buy the company; that is an example of specific performance. Of course, it never came to that because he bought the company and fulfilled his end of the bargain. You think he would have paid $44 Billion if his lawyers had seen a way out?
As I said in my earlier post in this thread, every case turns on details and without a looking at the details, without going over all communications parties have had, without examining the verbiage, without looking at local statutes, no one can say what the remedy would be. |
Ok, got it, thank you.
It's weird to me to use the term "damages" (quote below) instead if saying something to the effect of "I will enforce the contract we have made" but I understand what you are saying.
| Quote: |
| he will take me to court for damages |
_________________
How to Post Photos
Everett Barnes - [email protected] | My wanted ads
"Water is the only drink for a wise man" | "Communication prevents complaints"
Stop dead photo links! Post your photos to The Samba Gallery! |
|
| Back to top |
|
|
vwinnovator
Samba Member
Joined: July 11, 2005
Posts: 1555
Location: Still doing it in the back of your VW
|
| Posted: Thu Dec 01, 2022 6:26 am Post subject: Re: Anyone know Florida Contract Law regarding Selling a Vehicle |
|
|
| EverettB wrote: |
| AirHead1966 wrote: |
| EverettB wrote: |
| Good point, you have to have damages to sue for damages. |
Nope, that is not how contract law works. |
Ok, what would be the result then if you win?
Are you having to pay out money as a penalty alone without showing any loss?
If so, how is that determined or is it simply up to the judge to assign some random(?) amount? |
judge could order specific performance.
OOPS...missed someone already mentioned that.. |
|
| Back to top |
|
|
Abscate
Samba Member
Joined: October 05, 2014
Posts: 22633
Location: NYC/Upstate/ROW
|
| Posted: Fri Dec 02, 2022 11:22 am Post subject: Re: Anyone know Florida Contract Law regarding Selling a Vehicle |
|
|
We are just parsing the vernacular vs the accurate legal terms here.
I would be interested to know what is the venue for a contract signed by two parties in two different states if the applicable law isn’t stated
My guess is the drafter of the contract is obligated to clarify so who ever wrote it has to do defer to the other signer.
_________________
.ssS! |
|
| Back to top |
|
|
heimlich
VWNOS.com
Joined: November 20, 2016
Posts: 6588
Location: Houston, Texas
|
| Posted: Fri Dec 02, 2022 11:29 am Post subject: Re: Anyone know Florida Contract Law regarding Selling a Vehicle |
|
|
| Abscate wrote: |
I would be interested to know what is the venue for a contract signed by two parties in two different states if the applicable law isn’t stated
|
You are asking about Jurisdiction.
_________________
www.vwnos.com [email protected]
Classic Brands. Classic Quality.
Not all parts are made the same. NOS OE/OEM parts made mainly in West Germany, Early Germany, and Early Brazil are where VW produced the best quality parts and best fitting products.
5% Off your order with coupon code: 5%OFF
Restored Distributors Available (<--Click here) |
|
| Back to top |
|
|
Abscate
Samba Member
Joined: October 05, 2014
Posts: 22633
Location: NYC/Upstate/ROW
|
| Posted: Fri Dec 02, 2022 11:40 am Post subject: Re: Anyone know Florida Contract Law regarding Selling a Vehicle |
|
|
Correct. Since the bill of sale doesn’t specify applicable jurisdiction my non-lawyer guess is it defaults to the state where the property is located as the subject in dispute
So getting back to OP, it might have nothing to do FL law but in fact be AZ Law
IANAL
_________________
.ssS! |
|
| Back to top |
|
|
typ914
Samba Member
Joined: October 19, 2012
Posts: 230
Location: Atlanta, Ga
|
| Posted: Mon Jan 16, 2023 5:03 pm Post subject: Re: Anyone know Florida Contract Law regarding Selling a Vehicle |
|
|
| With Covid etc going on and the courts being backed up, the judge would order the case to mediation and let them work it out. This according to my son who will be graduating from law school in May and just finished clerking for a circuit court judge. |
|
| Back to top |
|
|
SGKent
Samba Member
Joined: October 30, 2007
Posts: 41031
Location: Citrus Heights CA (Near Sacramento)
|
| Posted: Tue Jan 17, 2023 6:24 pm Post subject: Re: Anyone know Florida Contract Law regarding Selling a Vehicle |
|
|
Glad you worked it out. Looking back over this thread, it appears you signed a notice to the state of FL that you were not the legal owner of the vehicle any more. The court would have asked you why you didn't consider yourself the legal owner anymore when you signed it but yet are now claiming that was an error. That said, any transfer without compensation of some kind is a gift.
_________________
“Most people don’t know what they’re doing, and a lot of them are really good at it.” - George Carlin |
|
| Back to top |
|
|
|
