Automotive

Automotive

  • Consumers brought action against owner of automobile dealerships for violation of FDUTPA asserting that owner orchestrated scheme to “stuff” or “pack” anti-theft product into sales transactions without proper disclosure. Firm successfully obtained partial reversal of class certification order. (Sonic Auto., Inc. v. Galura, 961 So.2d 961 (Fla.App. 2 Dist. 2007))
  • Consumers brought action against owner of automobile dealerships for violations of FDUTPA, fraud in the inducement, negligent misrepresentation, fraudulent concealment, negligence, breach of contract, and claim on motor vehicle dealer bond. Arbitration ruling on behalf of client denying plaintiff’s claims of all seven violations.
  • Consumer arbitration involving the alleged violation of FDUTPA by an automotive dealership and unfair lending claims against a finance company. Arbitration ruling in favor of client defendant.
  • Consumer arbitration relating to the online sale of a vehicle, with the Claimant alleged breach of contract, breach of warranty and FDUTPA claims focused on the condition of the vehicle that was sold through an online auction. Arbitration ruling in favor of client dealership, including dealership’s attorney fees and arbitration costs from the claimant.
  • Consumer arbitration relating to the sale of a vehicle in which Claimant alleged violations of breach of contract, breach of warranty, fraud and FDUTPA claims focused on the expense incurred by Claimant for the replacement of the manufacturer’s leather seats for aftermarket leather seats in an alternative color requested by Claimant. Arbitration ruling in favor of client dealership, including partial attorney fees.
  • Two day consumer arbitration in Atlanta, Georgia of consumer claims brought under the Georgia FBPA and alleging breaches of warranty and contract relating to the sale of a used motor vehicle that was alleged to have been in a prior accident. Arbitration ruling on behalf of client dealership for the majority of the consumer’s claims and the attorney for the consumer was not awarded any attorney’s fees despite the consumer’s status as the prevailing party.
  • Representation on the gift/sale of closely-held automobile dealerships to separate irrevocable trusts for the benefit of the owner’s children to reduce imposition of estate and generation-skipping transfer tax exemption.

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