Consumer Services

It Is What It "As Is"

The Mediation Center contacted the dealership to discuss Mr. L's predicament. The dealership indicated that Mr. L had bought the vehicle "as is" and provided the Mediation Center with documentation indicating such. The Mediation Center discussed the dealership's response with Mr. L and confirmed that he was aware that he purchased the car "as is." Mr. L asked the Mediation Center to make one more attempt at working something out with the dealership.

The Mediation Center was able to negotiate the return of the vehicle Mr. L originally purchased for full credit toward the purchase of another vehicle. Mr. L was on the fast track to happiness.

"As is" means that the dealer cannot be held accountable for any necessary repairs after the sale. You will be responsible for the cost of repairing anything that goes wrong after the sale. Some dealers may offer additional verbal warranties; those promises are not legally binding. If a verbal warranty is offered, make sure it is written into the Buyers Guide. The Guide must reflect any negotiated changes in warranty coverage. It also becomes part of your sales contract and overrides any contrary provisions. For example, if the Buyers Guide says the car comes with a warranty and the contract says the car is sold "as is," the dealer must give you the warranty described in the Guide.

Give Me Some Direction

The Mediation Center contacted the store manager regarding Mr. G's situation. The store manager indicated that the price was a mistake and that their ads were placed nationally through and advertising agency. The Mediation Center contacted the retailer's national headquarters to discuss the situation. The retailer pointed out that their ads contained a disclaimer stating that they were not responsible for typographical errors or omissions. The Mediation Center explained that the disclaimer did not minimize the retailer's responsibility regarding the advertisement of an incorrect price. As a result of the discussion, the retailer agreed to allow Mr. G to purchase as many of the GPS units as her wished for the advertised price of $99.00 and correct their ad to reflect the actual price. Mr. G opted for two.

It is unlawful for businesses to make false and misleading representations regarding the price of goods or services. It is the business' responsibility to ensure that the content of its advertisements accurately depict prices and features. This is true at the federal, state, and local levels of trade practice regulation.

Mediation Results

The mediation of disputes, between consumers and businesses, often-times results in the parties agreeing to some sort of monetarily measurable adjustments such as full refunds, partial refunds, or services being provided at no additional cost. Below is a sampling of the various types of situations and resolutions that were mediated during this quarter:

• A consumer purchased a leather sofa for $2,600 from a national furniture retailer. After a little over a year, the leather began to fade. The Mediation Center was able to negotiate a complete replacement of the sofa from the manufacturer.
• A consumer's domestic partner purchased and financed a boat for $55,000 using the consumer's identity. The consumer began receiving default notices on the loan. The consumer contacted the Mediation Center requesting assistance as the bank was being unresponsive. The Mediation Center contacted the bank to discuss the circumstances surrounding the boat purchase and was able to negotiate a release of obligation from the loan for the consumer.
• A consumer registered and paid $850 for a fitness program for her children. Due to a personal hardship, the consumer attempted to cancel her children's enrollment fifteen days after the registration was submitted. Citing the three-day cancellation policy in their contract, the fitness program agreed to cancel the enrollment but declined the consumer's request for a refund. The Mediation Center was able to mediate a settlement where the monies paid could be completely applied to another program session within the next two years.
• A consumer's wallet was stolen in May of 2000. The consumer reported the theft to her credit card providers. However, the consumer continues to be billed $1,811 for purchases made, interest accrued and late fees applied after the reporting of the theft. The mediation center was able to mediate a resolution with the credit card provider by which the consumer was released of any obligation.
  A consumer was being billed $3,488 by a home security company for a five-year alarm system maintenance and monitoring contract. The consumer was informed at the time of purchase that the contract was for three years rather than five. The Mediation Center was able to mediate a settlement where by the consumer would pay $1,215 for the period of time that maintenance and monitoring were provided and the consumer would be allowed to cancel the contract without any early termination fees.

The Mediation Center assists with a variety of different types of complaints. If you have a complaint, problem or need information, attempt to work it out directly with the firm or individual involved. If you are unable to resolve the issue, contact the Mediation Center at 305-375-3677 or submit a complaint online at www.miamidade.gov/csd.