In subsection C is doesn't specify that full payment has to be made and accepted. I made two payments for a total of $25K of the 75K, both payments were accepted. By him taking and accepting any payment he is acknowledging he accepting the transaction. If he was not in agreement he would have had to reject the first payment I would think. Once the first payment was made and accepted it would seem the agreement was signed off on by both parties. If I failed to make the rest of the payments I would be in breach. He breached first though by not reserving it for me and continuing to sell it to others.
I did talk to the persecutor in Dade and the attorney I talked said it felt like civil. I don't know this seems so predatory that I can not imagine if someone just kept do the same exact thing over and over would just say civil, civil. There must someway to argue to these people that there are elements of fraud here.
You're seeing what you want to see, not what's written. It doesn't say "for which a payment has been made."In subsection C is doesn't specify that full payment has to be made and accepted.
As for the rest, believe what you want to believe but your option is either sign the release and get your $10,000 or file a lawsuit.
It is my understanding in order to qualify for treble payment on the retained 10K, I have to first send the demand letter which I have the sample to work from by certified mail, wait 30 days, if he doesn't pay the 10K then I file a lawsuit for $30K plus attorney fees. What leg does he have that he can possibly stand on why I am not entitled to my 10k back? I don't see anything. Is there any chance an attorney would take this on without a retainer?
What you cited from the UCC is what I discussed earlier: you'd have a good cause of action to sue for the refund of what you paid, but not for something more, unless you can make the argument for the extra damages under the FDUTPA.
It would be criminal if the seller intended from the start to take your money, keep it, and not sell you the goods promised. In that case he's committed fraud. You are free to report this to the police in whatever city/county the seller is in and see if they will pursue it.
Defendant: "Your Honor, Plaintiff paid only part of the price and I was seeking back up offers in case he didn't come through with the balance. No fraud here. I already gave him back most of the money, I intended to return the $10,000 in exchange for a release from further liability, a common practice in a disputed claim."
Judge: "I find for the Plaintiff in the amount of $10,000. Plaintiff to sign the release and bear his own costs and legal fees."