Legal Topics

Consumer law — Florida Motor Vehicle Repair Act

Jun 03rd, 2024 in by admin

Claim that mechanic entrusted with restoration of plaintiff’s vehicle failed to perform contract and violated FMVRA and mechanic’s counterclaim that plaintiff breached contract when he retrieved vehicle after 5 months had passed without any work performed and failed to pay storage fees and financial expenditures — Defendant is not entitled to payment for sandblasting of vehicle by subcontractor that occurred after plaintiff advised that he was coming to retrieve vehicle where there is no evidence that plaintiff ever agreed to use of subcontractor, and any agreement was revoked when plaintiff notified defendant that he was coming to retrieve vehicle and demanded return of deposit — Defendant is not entitled to storage fees — Storage fees were only compensable after customer had been notified that work had been completed, and work was never completed — Defendant is not entitled to expenditures made in anticipation of job where he retained items purchased, and plaintiff derived no benefit from items — Defendant is not entitled to retain “nonrefundable” deposit where defendant performed no work on vehicle, and term “nonrefundable” does not appear on plaintiff’s copy of estimate