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Questions Answered by Scott Richard Kaufman
3 Answers | Asked in Lemon Law for California on
Q: i purchased a 2017 chevy cruze from a dealer ship called Family auto sales, it keeps on heating up.

I took the car to the dealership three time already, twice they have said that they don't find anything wrong with it. the third time they just said it was not their problem anymore since the car was already financed and it belonged to the finance company. I took it to a third party repair... Read more »

Scott Richard Kaufman
Scott Richard Kaufman
answered on Sep 22, 2022

Depending on what type of warranty you got with the purchase, not likely any on a 2017 Chebby, you may or may not have a LL claim. The GREAT news is that the issue is only, so far, $300.00 and change. All too often these sleezy car dealers will end up costing you thousands and thousands on such a... Read more »

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1 Answer | Asked in Consumer Law for California on
Q: I am having issues with a dermatologist who is not honoring the "deal"/set of treatments for a specific price, that we m

I paid quite a bit of money last year for some treatments for my skin. The doctor said she would include treatments for my hands, but she did not do those treatments and when I asked her about it, she was very defensive, but then agreed she would honor that. Now, she has decided she doesn't... Read more »

Scott Richard Kaufman
Scott Richard Kaufman
answered on Sep 14, 2022

Sounds kind of unethical on your part and on the doc's part.

Maybe there is (medical) board to complain to? Hard to say.

Good luck with it.

1 Answer | Asked in Consumer Law and Insurance Bad Faith for California on
Q: What consumer laws where broken when my insurance decided my personal property was business use and didn’t cover my loss

My engineering hobby has turned into an expensive hobby. On Jan 17th 2022 the owner of the building where i rent removed the roof during the rainy season and lots of my equipment was ruined. The insurance company did not honor my claim calling my equipment business related. My insurance was not for... Read more »

Scott Richard Kaufman
Scott Richard Kaufman
answered on Aug 12, 2022

What I see from your fact pattern is you failed to protect the items knowing the roof was being removed OR there was no notice the roof was being removed and that puts the LL on the hook. On your issue re: your insurance, you can argue until the cows come home and you may win??? But, so far, as... Read more »

1 Answer | Asked in Lemon Law for California on
Q: I purchased a used vehicle from a dealership in CA. 04/21/2022. it has been 107 days and dealer has failed to transfer

I called DMV and was told the dealership failed to transfer tittle. DMV also informed me that the dealership in fact had possession of the new registration "tags" at the time of purchase. However, i did not recieve those stickers. Registration expired in March 2022. Purchased vehicle... Read more »

Scott Richard Kaufman
Scott Richard Kaufman
answered on Aug 6, 2022

Anything else you should know? The law is rarely black and white and even when it is, some lawyer or some judge figures out a way to add a new shade of grey. We have an adversarial system of justice and that keeps both sides employed. Both sides argue and then typically, if they cannot settle... Read more »

1 Answer | Asked in Consumer Law for California on
Q: Can a car dealership employee use my financial information for personal use?

A employee of a car dealership where my brother bought a car from is using his information to gain information about him and our family. She was not involved in the transaction

Scott Richard Kaufman
Scott Richard Kaufman
answered on Jul 29, 2022

Sounds very creepy and unlawful. I'd highly recommend Bob Brennan in La Crescenta for such a case. Please tell Bob I said hello...

1 Answer | Asked in Consumer Law and Animal / Dog Law for California on
Q: Dog Seller lied to me the puppy was a Teacup Maltese. But the dog grows bigger, more than 12lbs when she was 7 months

Due to the Craigslist's dog seller advertised the puppy was a teacup maltese and the parents were not more than 5lbs, i paid $3000 when i picked up the puppy when she was about 2 months old. But the puppy started to grow bigger, even when i took her to the vet to get her second shot vaccines,... Read more »

Scott Richard Kaufman
Scott Richard Kaufman
answered on Jul 25, 2022

Hard to say, but I'm sure you have options. Assuming you and the dog have bonded and love each other, I'd get a value for this one and assuming it is lower than $3,000.00 I'd demand the difference from the seller, if it were me.

1 Answer | Asked in Consumer Law, Contracts and Small Claims for California on
Q: Can I sue somebody for this?

I hired somebody to build the back part of my semi truck. The price agreed was $38,000. Throughout the past months I have sent him 30,000 for material & labor. The work was supposed to be completed 2 months ago. I learned that he has not bought material or started any work on it at all and that... Read more »

Scott Richard Kaufman
Scott Richard Kaufman
answered on Jul 22, 2022

Sure, you can sue. Most attorneys are likely to want a similar amount of money, or at least five figures I'd guess, to get this started for you, and hope in the end to be able to get some money from the 'bad guy' towards atty fees, but, there are no guarantees. The BAR has initial... Read more »

2 Answers | Asked in Landlord - Tenant, Personal Injury and Products Liability for California on
Q: Hello, I have a property that I am renting out for a event. Need help with a release of liability form.

I want to make sure that I the owner is release of liability. Right now the way it is written doesn't seem to include me or my name.

Scott Richard Kaufman
Scott Richard Kaufman
answered on Jun 15, 2022

You do not want to 'talk' to strange lawyers on the net. Have your attorney re-do what s/he did to get it right.

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2 Answers | Asked in Consumer Law, Contracts and Business Law for California on
Q: What does it mean when a car dealership defers the balance of $2,000 from a cash sale of $30,000 what are your right sto

My friend went into car dealership with $30,000 cash he saw a car with the sticker price of $29,000 when everything was said and done he still had a balance of $2,000 and the dealership decided to defer the payment for him now they're threatening to take the car what are his right what does... Read more »

Scott Richard Kaufman
Scott Richard Kaufman
answered on Jun 9, 2022

Have yoru friend reach out with ALL writings and notes to a consumer protection attorney immediately AND also have your friend reach out to the CA DMV Investigations unit, to see if your friend can make some sense of this and get some protection. IF it is repossessed, even wrongfully, it is... Read more »

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2 Answers | Asked in Consumer Law, Lemon Law and Small Claims for California on
Q: Can I have dealership remove paint protection and gps theft protection add on?

Dealership added warranty, paint protection, and gps tracker on the contract. The contract was already signed, we were able to have the warranty removed, but not the paint protection and gps theft protection as they said they are required when buying new vehicles from their dealership. Is this true... Read more »

Scott Richard Kaufman
Scott Richard Kaufman
answered on Jun 9, 2022

The law in AZ is almost assuredly different than the law in CA and if you were in CA I'd advise you to reach out to the DMV, who monitors and licenses dealers, as those things are not required, that's a scam plain and simple. In AZ, they tend to care more about businesses than they do... Read more »

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2 Answers | Asked in Consumer Law and Contracts for California on
Q: We got a new car in Cali 4 days ago. Can we cancel warranty added by the dealership?

We thought we got a good deal on a car. But on contract signing, we noticed there were warranty add ons totaling $6000. We told the financial guy we did not want all those, and he said it is part of the financing agreement since my husband is a first time buyer. My husband signed the contract and... Read more »

Scott Richard Kaufman
Scott Richard Kaufman
answered on Jun 7, 2022

The answer to your question can be found at this site:

https://www.dca.ca.gov/publications/legal_guides/m_1.shtml

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2 Answers | Asked in Criminal Law and Products Liability for California on
Q: I sold a truck on payments now Thay won't pay

We have a signed contract she made 3 of 6 payments sold the truck not telling me an now won't talk or tell me anything

Scott Richard Kaufman
Scott Richard Kaufman
answered on Jun 4, 2022

You can refuse to give them title to the vehicle.

BUT, as described this is not a criminal matter.

Instead, it's a civil matter, a breach of contract.

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2 Answers | Asked in Consumer Law, Criminal Law and Constitutional Law for California on
Q: Can I be arrested for stealing for walking outside to look at the plants they sell when I'm still on the premesis?

I was shopping at home depot and went to the garden center to look for Spanish lavender. I asked an employee where to find it and they told me it was outside on the sidewalk (where they keep hundreds of plants for purchase). I informed that employee and the one at the register that I was going to... Read more »

Scott Richard Kaufman
Scott Richard Kaufman
answered on May 30, 2022

Sorry for your issues.

Luckily this happened almost immediately after you spoke to the two employees

and you told the loss prevention folks AND they still have video of this event, so,

it's really a non-issue, right?

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2 Answers | Asked in Consumer Law, Criminal Law and Business Law for California on
Q: we have proof that a tow company is doing predator towing and is partnering with a restaurant and we want to sue both o

The authorization forms are prefilled with date being blank, no authorization signature and no company address, just location is filled in. We have pictures proving the way the authorizations are being done is illegal and we have video proof also. We want to sue both company's involved for... Read more »

Scott Richard Kaufman
Scott Richard Kaufman
answered on May 29, 2022

I'm sorry this is happening. IF it happened to you ("we") then you may be able to prove your case with your evidence.

Regardless, doing so without an attorney may be tough and hiring one may cost a pretty penny, and some of these folks in the tow biz are pretty tough...
Read more »

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1 Answer | Asked in Consumer Law for California on
Q: I got a question regarding a summons i got from a credit card debt i want to know whats the next step after these
Scott Richard Kaufman
Scott Richard Kaufman
answered on May 23, 2022

I'd reach out to speak to a 'debt defense' attorney for next steps...

1 Answer | Asked in Consumer Law for California on
Q: Whom I should sue to get my money back as I paid twice for the same service : Credit card company or the firm owner

I was charged twice for the same service of installing a new furnace in my home by1) Visa credit card charged on Feb 21,22 by his firm Alma's Heating and Air 2) by my check payable to the owner. Originally the total cost of the service is $3,890 with $1,890 as deposit, $2,000 upon completion... Read more »

Scott Richard Kaufman
Scott Richard Kaufman
answered on May 20, 2022

Start with the state contractor's licensing board.

IF you get nowhere there, then try an atty who

handles consumer protection.

1 Answer | Asked in Consumer Law for California on
Q: I ordered an RTV from a dealer 02/2021.

I have an unsigned purchase order with their and my names on it along with the agreed price. 15 months later it arrived. They told me the cost has gone up $2200 and if I want it I will have to pay more than agreed price. Can they do that?

Scott Richard Kaufman
Scott Richard Kaufman
answered on May 3, 2022

They did it. The question is, "can they make it stand?"

As you've framed it, no. But the true context of it all

will be in the contract itself. Show it to an attorney for

a review to find out for sure what your rights are.

1 Answer | Asked in Consumer Law and Contracts for California on
Q: I have a roof leak caused by the installation of solar panels.

Roof leaks are covered under warranty by solar company. I have been in contact with them for a few months but they have yet to bring anyone out to have a look at the roof. Is there anything I could do about this situation?

Scott Richard Kaufman
Scott Richard Kaufman
answered on May 2, 2022

Sorry for your issues. There are many options.

To me, since you do not want massive damage you get it fixed asap AND

make sure those who ARE fixing make a record that it was in fact the

SOLAR people's fault. THEN later, imho, you go after the solar folks.

Good luck with it...

1 Answer | Asked in Consumer Law and Contracts for California on
Q: I bought a car from a dealership in 5 years paid off the loan without missing/late payments, and never received a title

Contacted CA DMV with the notarized lien satisfaction letter and they don't have a title to issue me. Contacted the financial institution who were in charge of the loan and they don't have a title for the vehicle either. Registration states that No title issued/vehicle not transferable.... Read more »

Scott Richard Kaufman
Scott Richard Kaufman
answered on Apr 29, 2022

Assuming all facts to be true and correct and these are the only facts, yes, you would have a case v. Dealer and v. Holder of the contract, here, you've described them as a 'financial institution.'

The lawsuit may be substantial but if you are a non atty, you are more...
Read more »

1 Answer | Asked in Consumer Law for California on
Q: Is an APR of 99% legal for a loan?

I took out a loan for $6,300 in June of 2019 and have paid back over $17,000. I still have a principal balance of over $6,800. The APR is listed as 99% and I was wondering if this is legal in California or are there consumer protections?

Scott Richard Kaufman
Scott Richard Kaufman
answered on Apr 29, 2022

So, here is where you can START your research. There WAS a time where the only protections were for loans (in CA) that were UNDER $2,500.00. It's why a lot of places like "We Lend" or "You Owe" or similar sounding names "trust you!" Because, once you borrow more... Read more »

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