Barbara Billiot Stage

The Florida Bar  # 0042467

Member

Current

Q. Can I sue a Miami car dealership and bank for fraud related to a car purchase?

April 3, 2025

A: You should take your documents to a lawyer right away. We do not have any way of reviewing your purchase agreement and contracts in this forum.

Most used car sales are "as is" and it's up to the buyer to have the car inspected prior to purchase irrespective of what the seller states.

The problem you have is the financing is with the bank and the bank has the right to repossess the car and sue you for any deficiency if you don't pay. The one thing you have going in your favor is it appears from your post that the dealership did commit bank fraud and that maybe should be reported to the State Attorney's Office in your county to see if they will prosecute. I know from past experience car dealerships will claim you made a bigger down payment to get you a lower interest rate and lower payment so you will buy the car. The caveat is you need to be able to prove you had not signed anything acknowledging this bigger down payment that you did not make and that the difference isn't attributed to some dealership credit (which is not likely but not impossible either).

Seek legal advice with a personal consultation as soon as possible. ... Read More

Q. Facing eviction from mobile home park without lease agreement; landlord accused of accepting bribes. What are my rights?

March 26, 2025

A: I'm sorry to tell you this but you are a month-to-month tenant if you have no lease. You need to consult with a landlord/tenant lawyer right away to review the eviction notices are valid. This is not a problem you can resolve with internet advice and time is of the essence. If you were given notices to cure and did not cure the violations this is a big issue. The allegations of bribes is one that would need to be proven with evidence.

If the eviction is granted you would need to move your mobile home or pay storage fees, which is usually higher than the rent.

Q. Are political flags considered political signs under our association's deed restrictions?

March 24, 2025

A: That's a question for the association's attorney. I have always taken the position that if it has words on it the classification would be it's a sign, similar to a banner. Also, the only flags that are protected under Chapter 720, if you are a mandatory homeowners' association, are the US, Florida, military and first responder flags.

I have heard the opposite arguments and there is no case law (court rulings) on this issue that have been published to my knowledge. In my opinion it is questionable how a court would decide this issue and a lot depends on how the arguments are presented to the court.

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