Florida Charge Account Terms and Conditions
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How to fill out Charge Account Terms And Conditions?
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FAQ
A sale for future services can be cancelled by the buyer by notifying the seller within three business days from the date the buyer signs the contract. There is no requirement that the notice be made in writing. However, it is a better practice for the buyer to send written notice to the seller by certified mail.
Florida Statute Section 501.0117 prohibits Florida sellers or lessors from imposing "a surcharge on the buyer or lessee for electing to use a credit card in lieu of payment by cash, check or similar means." The statute, however, "does not apply to the offering of a discount for the purpose of inducing payment by cash, ...
What is cause of action? Cause of action is the legal claim [a claim that sometimes goes unstated] that allows a party to seek judicial relief. This gives the legal right to seek a remedy because of the act or omission, failure to perform duty, or breach of obligation of the defendant towards the plaintiff.
The elements of an accounts stated claim are (1) A previous transaction that created a liability; (2) An agreement by the Defendant that the balance is due and correct; (3) A promise has been made, either expressly or implicitly, to pay the balance; (4) The balance remains unpaid.
Account stated refers to a document summarizing the amount a debtor owes a creditor. An account stated is also a cause of action in many states that allows a creditor to sue for payment.
Lawsuits for accountings are generally considered equitable proceedings. Under Florida law, a party that wants an equitable accounting must prove that: (1) a fiduciary relationship exists between the parties or the subject transaction is complex; and (2) the remedy at law is inadequate.
The cause of action for an account stated is based on the agreement of the parties to pay the amount due upon the accounting, and not any written instrument.
Unfortunately, the scope of Florida's buyer's remorse law is very limited in which situations it may cover. The law only applies to home solicitation sales. This means that you can exercise your rights under the buyer's remorse law only with regard to purchases made from door-to-door salesmen, also known as solicitors.
