The Issue The issue is whether Petitioner is entitled to arbitration on his claim under the Florida Motor Vehicle Warranty Enforcement Act.
Findings Of Fact Petitioner resides in Naples, Florida. He has resided in Naples since December 1992. Petitioner formerly resided in the New York City area. When he became interested in purchasing a new automobile, Petitioner contacted a friend of his son. The friend worked at North Shore Oldsmobile in Flushing, New York. Petitioner soon entered into negotiations with a sales representative of the Flushing dealership for the purchase of a new 1993 Oldsmobile Cutlass Cierra. Petitioner conducted these negotiations, which took place in April 1993, exclusively by telephone with Petitioner in Naples and the sales representative at the dealership in New York. Petitioner wanted a stationwagon, and the dealership had one car of this type in stock. It was the right color and had most of the options that Petitioner wanted. After a week or ten days of negotiating the price over the telephone, Petitioner, satisfied with the price, agreed to purchase the car, and North Shore Oldsmobile agreed to sell the car. Petitioner and representatives of the dealership then discussed by telephone financing arrangements. After they finished working out the details, Petitioner agreed to come to Flushing, New York to pick up the car. They agreed that Petitioner would take delivery of the car on May 3, 1993. Prior to Petitioner's departure, North Shore Oldsmobile sent him by mail in Naples various papers that Petitioner needed to complete prior to taking delivery. A North Shore Oldsmobile representative informed Petitioner that he was required to obtain insurance and sent him sufficient information so that he could obtain insurance in Florida prior to traveling to New York to get the car. North Shore Oldsmobile also sent Petitioner a copy of the retail instalment sales contract. Petitioner and some friends drove to New York, and, on the appointed day, Petitioner visited North Shore Oldsmobile in Flushing and either signed the closing papers at the dealership or delivered already-signed closing papers to the dealership. Petitioner also paid the necessary amounts to North Shore Oldsmobile at the dealership. North Shore Oldsmobile did not charge Petitioner any New York sales tax, but disclosed the amount of Florida use tax that Petitioner would be required to pay on registering the new car in Florida. Petitioner then took possession of the automobile, which he claims did not satisfactorily operate on the trip back to Florida or thereafter. Upon his return to Florida, Petitioner registered the new car in Florida and paid the Florida use tax, as well as title, tag, and registration fees imposed under Florida law.
Recommendation It is RECOMMENDED that the Department of Agriculture and Consumer Services enter a final order dismissing Petitioner's request for arbitration under the Motor Vehicle Warranty Enforcement Act. ENTERED on May 22, 1996, in Tallahassee, Florida. ROBERT E. MEALE Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings on May 22, 1996. COPIES FURNISHED: Honorable Bob Crawford Commissioner of Agriculture The Capitol, PL-10 Tallahassee, Florida 32399-0810 Richard Tritschler, General Counsel Department of Agriculture The Capitol, PL-10 Tallahassee, Florida 32399-0810 Carmine Cavaseno 2722 Fountain View Circle Apartment Number 104 Naples, Florida 33942 Attorney Rhonda Long Bass Department of Agriculture and Consumer Services Room 515 Mayo Building Tallahassee, Florida 32399-0800
