Ayala Law is happy to announce that we have obtained a $66,224.44 arbitration award for our client in a dispute involving a year-and-a-half arbitration proceeding.
The arbitration case involved a claim filed by our client alleging that the dealer sold her a defective vehicle with a tampered odometer, on a vehicle that was advertised and sold as “certified pre-owned.”
During the arbitration case, we were able to uncover that the Fort Lauderdale Mercedes-Benz, after the initial certification, never re-certified the vehicle prior to selling it to our client, despite the fact that they sold the vehicle to another buyer, after the original certification, but before the ultimate sale to our client.
The case went to a final, two-day arbitration hearing (the equivalent of a state or federal court trial), in which we presented evidence on the multiple issues found in the vehicle, despite their client never being in a collision or otherwise failing to properly care for it.
We also showed at the hearing that the client, following the advice of a certified Mercedes-Benz mechanic shop, was advised to stop using it as it was unsafe to drive, and she in fact did so.
The arbitrator awarded rescission damages of $51,971.82. What this means is that our client is able to return the vehicle that they haven’t been able to use for nearly two years, and that the dealer has to pay them the rescission amount.
In addition, the arbitrator awarded $14,252.62 in damages under our client’s Florida Deceptive and Unfair Trade Practices Act (FDUTPA) claim. The arbitrator also ruled that, under FDUTPA, our client is entitled to their attorney’s fees and costs. You can read the arbitrator’s award here.
Attorney Eduardo A. Maura and Ryan Sawal litigated the case. As stated by attorney Eduardo A. Maura, “We are extremely happy with the result. Our client was a very honest and competent professional that did all the right things in this case, including waiting for over two years to achieve justice, and withstand every tactic from the dealer. We are glad that the arbitrator was able to see through the dealer’s ‘the car is perfect’ line of arguments.”
For more information on business disputes, product defect cases, or arbitration, contact an experienced business, arbitration, and product defect attorney in Miami at 305-570-2208.
You can also contact arbitration attorney Eduardo A. Maura at eduardo@ayalalawpa.com.
Schedule a case evaluation online here.
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