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Questions Answered by Scott Richard Kaufman
1 Answer | Asked in Consumer Law, Contracts, Products Liability and Small Claims for California on
Q: Denied $400 Target return(Unopened w/receipt, purchased day prior) cause staff didn't know how to return the item. Help?

It was a Visa prepaid Debit Card the card itself and the store policy says specifically that this item can be returned if unopened with receipt and within 90 days. Which I had all three. Staff was extremely rude and degrading to me and wouldn't even take the time on how to figure out it could be... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on Jan 27, 2020

Go to a different Target!

OR talk to a manager next time.

Good luck with it!

2 Answers | Asked in Consumer Law for California on
Q: How long does the Consumer Protective Service take to respond for a licensee with a criminal record?

I applied to get my licensure for physical therapy. The California Physical Therapy Board sent my application to Consumer Protective Services to review my criminal background and decide if I can get licensed. I was wondering what this process is typically like and how long it takes. Thank you in... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on Jan 22, 2020

I do not think anyone can answer this with exactness. The CA Bar licensing usually takes about 4 months and does not include folks *usually* with criminal records. It DOES have a LONG exam. IF it takes more than 6 months, I'd recommend you politely reach out to the body doing the screening, and to... Read more »

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1 Answer | Asked in Consumer Law for California on
Q: I went into an auto dealership to trade my car in for a new one I was upside down and the payments would be high but

I was fine with that. My current loan was discharged under a bankruptcy, but my mom would still be held liable for it as she is a co-signer on the loan. Anyways, the finance manager comes back and says since the loan was discharged, just surrender the car. I informed him that my mom was on there... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on Jan 13, 2020

I do not have the specific answer to your question, but, I have excellent input.

Here is what you do, ASK your bankruptcy attorney! They know this stuff inside

and out and they will know if you were lied to and if so, what your remedies may be.

Good luck with it!

1 Answer | Asked in Consumer Law for California on
Q: If i have declined to purchase the contract cancellation option will I still be able to ask for a refund for the car?

I bought the car used and the dealer gave no info about the car having a faulty transmission. Two days after purchase the car had much difficulty driving. Bought "as is" but had no idea what that meant. First time buyer age 21. No warranty bought. Dealer said nothing at all and clean car fax... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on Dec 30, 2019

Maybe. IF they knowingly mislead you or flat out lied to you in writing or orally, you may have a case?

IF the car has a warranty and that does not work to fix it, you may have a case?

Talk to a professional consumer protection attorney for more direction.

1 Answer | Asked in Consumer Law for California on
Q: what do I name the defendant in a small claims case if I am trying to sue a car sales company

would i only put "corporation" and then add the name of the car sale company OR add "agent for service" or "individual" and add the seller or managers name as well?

Scott Richard Kaufman
Scott Richard Kaufman answered on Dec 29, 2019

I would sue the car sales company. Check your contract for the name and/or check with the dmv for the proper legal name. Good luck with it.

1 Answer | Asked in Consumer Law, Products Liability and Lemon Law for California on
Q: Can I hold a transmission shop accountable for poor job?

Recently bought a car for 3500. The previous owner had the transmission rebuilt (this was disclosed to me) for 3500 and the warranty for it was 30 days which the shop told me would transfer after sale. I purchased the car and before I even got home the same problem happened. The shop worked on it... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on Dec 12, 2019

IF they tried and failed to fix under warranty, you have a warranty law claim. Warranty law is lemon law. So, you have a lemon law claim. Contact a lemon law attorney for more insight.

1 Answer | Asked in Consumer Law for California on
Q: This guy tried to sell me a Jersey online, I can't pay and he said he is gonna contact the police. Can he do that?

I originally said it's a maybe, then he asked for size and shipping, so he has that info. I thought I would be good cause I was gonna start working so I would be able to buy it (I even told him that). Its been about 3 weeks and he said that he was going to call the police. can he do that?

Scott Richard Kaufman
Scott Richard Kaufman answered on Nov 15, 2019

Sounds like it was not yet shipped?

BUT, maybe he ordered one and paid for it and that cost him money out of pocket

and it's your fault?

So, YES, he CAN call the Police, BUT, they will do nothing.

So, YES, he CAN sue you and if he wins, you get a "judgment"...
Read more »

1 Answer | Asked in Consumer Law for California on
Q: I paid off my auto loan this morning at 9:07 am. I paid the amount I was told to pay. the amount was increased after.
Scott Richard Kaufman
Scott Richard Kaufman answered on Nov 14, 2019

IF you have all of this in writing and you should, it should be easy to fix this. If you do not you NEED to create a writing memorializing these facts.

2 Answers | Asked in Lemon Law for California on
Q: How does the current GM strike impact the law as far as amount of Tim my vehicle is in the shop?
Scott Richard Kaufman
Scott Richard Kaufman answered on Oct 22, 2019

Part suppliers have pulled way back. Pipeline is therefore affected. It could indeed give GM a break. Good luck with it.

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2 Answers | Asked in Arbitration / Mediation Law and Consumer Law for California on
Q: Who pays for arbritation filed by myself as a consumer regarding a dispute. I did submit a fee waiver.

Will i be going up against corporate lawyers? I dont have a lawyer. But after several attemps to resolve the issue. I finally resorted to arbritation.

Scott Richard Kaufman
Scott Richard Kaufman answered on Oct 16, 2019

Contact the arbitration provider and read their rules.

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1 Answer | Asked in Consumer Law for California on
Q: What to do when online CAr sales Dealer or car sales portal not honoring the reserved price they confirmed via email?

What to do when online CAr sales Dealer or car sales portal not honoring the reserved price they confirmed via email?

I searched for a car on Car sales website, say "CS". I found a car listed by the Dealer "D" for $X. Through the online system of CS, they offered me a price inclusive of all... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on Sep 23, 2019

Maybe

1 Answer | Asked in Consumer Law and Contracts for California on
Q: Hi, I went to a Honda dealer ship told them we did not want the add on and alarm but still got charged for it.

We told the financier that we did not want the optional add-on and he said we couldn't do anything about it that it was already on the car and he made us sign. We told him we did not want the alarm but still came out on the contract that he charged us for it. I got home and I read that the add-on... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on Sep 11, 2019

Read this list: https://consumerwiki.dca.ca.gov/wiki/index.php/Consumer_Transactions_With_Statutory_Contract_Cancellation_Rights

1 Answer | Asked in Lemon Law for California on
Q: Do I have to pay the loan balance of a car that was said to be a lemon , given to my ex in divorce and she repoed?
Scott Richard Kaufman
Scott Richard Kaufman answered on Aug 14, 2019

You will need to read your settlement agreement and/or ask your attorney.

It will almost certainly spell out your rights.

2 Answers | Asked in Landlord - Tenant for California on
Q: Can a hotel terminate your stay by force with no just cause?

My children and I have had an extended stay at The Residence Inn by Marriott in Oxnard, California for over eight months. I have remained current with all charges and fees and have spend over $70,000 in room and amenity charges We have recieved no complaints from the hotel regarding our stay. A... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on Jul 19, 2019

If you have paid them past that date, there may be an issue.

Otherwise, they likely booked the football dudes a LONG time ago and

they are likely getting more than 70K for the time...

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2 Answers | Asked in Consumer Law for California on
Q: Lexus had my car's since. January say I own them 3600 for damage I done to a loaner no repair was done to my car what c
Scott Richard Kaufman
Scott Richard Kaufman answered on Jun 15, 2019

These are two separate issues. They're holding your car is a "civil" stealing or "conversion" of your property. They need to sue you for the "other" damages and prove it.

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1 Answer | Asked in Lemon Law for California on
Q: What are options in California when purchased a vehicle at a dealership and was not informed the car had salvaged title

What options do I have in California when I purchased a vehicle at a dealership and I was not informed the car had salvaged title? It was not disclosed to me prior to the sale, nor was it displayed on the vehicle anywhere? I had no idea until I tried to get insurance on it.

Scott Richard Kaufman
Scott Richard Kaufman answered on Jun 13, 2019

You're going to have to act from this moment forward, as if you are in a lawsuit. You will need to marshal all of your evidence. You will need to only communicate in WRITING going forward. You will need to figure out how to PROVE you were not told as they will say you were. Here is a solid... Read more »

1 Answer | Asked in Consumer Law for California on
Q: I paid the dealer to register the car in my name it's been 5 months and he still hasn't done it. What are my rights.

It was a government vehicle he bought at auction and I believe he was supposed to register it in his name first before he sold it to me.but he didn't and I paid him $200 to register and give me my license plates but he still hasn't done it it's been 5 months.

Scott Richard Kaufman
Scott Richard Kaufman answered on May 26, 2019

This can get quite expensive for the bad guy here. A lawsuit re: failure to deliver title, can be a problem for the dealer. START by contacting the DMV investigations department and by reaching out to a consumer protection attorney.

2 Answers | Asked in Consumer Law for California on
Q: What is usury for interest charged on a $3,900 auto loan?

A friend, who is naïve and mentally-challenged received an auto loan with a principal amount of $3,900 at an interest rate of 47.99% with equally horrendous late charges. To date she has paid over $11,000 on the $3,900 and the lender is requiring $3,500 from her to pay it off. I want them to... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on May 23, 2019

Tough call, but, while it's unsure if a car dealer is a licensed lender, it IS clear that one may not contract with someone who does not have "capacity" to contract, ie, 'mentally-challenged' and one can be hit hard with punitive damages for knowingly taking advantage of someone like this. She... Read more »

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1 Answer | Asked in Consumer Law and Lemon Law for California on
Q: I purchased a vehicle from a used car dealer and was reposed illegally and was not given the opp. to reinstate

they gave me one explanation in writing and another verbally and they charged me a fee to give me back my property and kept given me the run around wat can I do?

Scott Richard Kaufman
Scott Richard Kaufman answered on May 22, 2019

You have rights. I'd STRONGLY recommend you get in touch with the DMV Investigations unit to see what they have to say. My guess is that they can help, fast.

1 Answer | Asked in Consumer Law, Lemon Law and Small Claims for California on
Q: Can I sue this auto auction.

I purchased this car for $1500. The registration was pass due and it was almost $400. The engine light came on the time I went to drive it from my home. Ford says I need a whole engine. A important sensor is missing. That is not a overnight problem. I feel as though they sold me lemon.

Scott Richard Kaufman
Scott Richard Kaufman answered on May 13, 2019

Sounds like you are correct. Here is a YouTube channel with some thoughts for you:

https://www.youtube.com/channel/UCtIgcjv_Xem4MuFQsWJa4LA

Good luck with it.

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