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Questions Answered by Scott Richard Kaufman
2 Answers | Asked in Consumer Law and Contracts for California on
Q: I have a vehicle service contract and they are declining a repair. What kind of attorney do I need?

I have a liftetime vehicle service contract for my 2012 Chrysler 300C with 130,780 miles. My shocks are a covered component but they are refusing to cover them stating normal wear and tear on the vehicle. If the suspension is considered normal wear and tear for 130,780 miles I would believe that... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on May 21, 2020

Sounds like a fraud to me. I'd seek out an auto fraud attorney and/or someone who handles lemon law. Good luck to you on it.

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2 Answers | Asked in Consumer Law, Contracts, Business Law and Education Law for California on
Q: How should I request a university program in California to return my admit deposit since they have deferred starting?

I was selected in a program that has now deferred their start date due to CoVID. They requested a sizable deposit to secure my position in the program for their initial start date. The program no longer fits my timeline and they have refused to refund the deposit. What can I do in this situation?

Scott Richard Kaufman
Scott Richard Kaufman
answered on May 18, 2020

You have your contract and ALL writings between you evaluated by an attorney to see what, if anything, can be done. Good luck with it!

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1 Answer | Asked in Identity Theft and Lemon Law for California on
Q: Can a car dealer in California sell my car without my signature?

My daughter when to a car dealer to buy a new car and she gave the dealer my car that we own together as "AND" on the Title. Can the dealer legally take the car without my signature? Can I legally go to the dealer and ask for my car? I reside in California.

Scott Richard Kaufman
Scott Richard Kaufman
answered on May 16, 2020

Legally? Probably not. But, that rarely stops a car dealer! Try the dmv investigations unit, as they police dealers...

1 Answer | Asked in Products Liability for California on
Q: If I receive a package I didn't pay for, do I have to return it? However, the sender meant to send the package to me.

I'm using this app called OfferUp, where people can buy and sell used items by either shipping or meeting in person. I was buying an item through shipping and the seller sent the package to the post office, but at the same time, accidentally cancelled the order, which refunded my money. The... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on May 5, 2020

What you have to do is the "right thing." You do not get to keep the item if you did not pay for the item. Either pay the shipper for it or work out a way to return it, that is the right thing to do.

1 Answer | Asked in Lemon Law for California on
Q: Can I file a lemon law suit for a car that I inherited?

Car only has 38k miles on it, however it is passed the general warranty time frame. Toyota issued an "enhanced warranty" for the torque converter and it is till within the enhanced timeframe. Had torque converter replaced and still has issues, dealer says whole transmission needs... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on May 5, 2020

Like most things legal the answer is "maybe."

Have your proofs reviewed by a lemon law attorney for more direction.

Most will review at no or at a low fee. Sorry for the loss of your mother.

2 Answers | Asked in Business Law and Consumer Law for California on
Q: What area of law governs price gouging and sale or resale of goods that have price restrictions during emergencies?

I don't know what type of lawyer specialty deals with this, so it would be good to know so I can inquire further. I'm trying to figure out what is allowed and not allowed if I had a source of masks from abroad and am interested in making a modest profit (after manufacturing, shipping and... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on May 2, 2020

You will want to talk to the attorney general office.

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1 Answer | Asked in Lemon Law for California on
Q: Can i file a lemon law suit for a car that was left to me when my mother passed away?

the car only has 38k miles on it and dealer says it needs a new transmission. The general warranty is over, however they enhanced the warranty on the torque converter for another 5 years and I am still within that time.

Scott Richard Kaufman
Scott Richard Kaufman
answered on Apr 30, 2020

Maybe? The purpose of the warranty is to make sure they fix. If they do, the lemon may not be super helpful?

1 Answer | Asked in Consumer Law and Contracts for California on
Q: I financed a car in February from a major dealership two months later the dealership wants the car back do I have to

The reason they gave

* The cobuyer poses an unacceptably high credit risk

Scott Richard Kaufman
Scott Richard Kaufman
answered on Apr 24, 2020

WITHOUT looking at the contract, so, this is NOT a legal opinion, NO, you do not have to give the car back.

BUT, right now, IF you get this all in writing, you drove the car for FREE for two months AND you can get a

better deal somewhere else, since rental cars are 5 bucks a day...
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2 Answers | Asked in Consumer Law and Copyright for California on
Q: What legal action can I take against a university that has stolen my camp idea and now created a near identical camp?

Nearly 13 years ago I created my first debate camp for homeschool kids at a private university in California, but recently forced to move locations two years ago because I was told campus space was no longer available (My brand is separate we simply rented space there). So you can imagine my... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Apr 18, 2020

Depending on what your underlying agreement with them said and how much advantage they actually took, like staff members, mailing lists, etc., you may have some leverage to go after them. Seems like this summer that's not gonna happen anyhow, so, in a way, this break is a blessing for you in... View More

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1 Answer | Asked in Consumer Law for California on
Q: At&t added a service to my account that I did not ask for, need or use. They refused to refund my money. What can I do?

At&t added a $30 charge for some remote IT protection. We have a person in our office who takes care of our technology so I do not need Att's $30 service. When I realized the charge I called them and asked for the service to be cancelled and my money refunded. They refused to refund the... View More

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

There is a law. You can also use their own cheat clause (arbitration) against them, by demanding they do it, which would cost them about $5000? Good luck with it!

2 Answers | Asked in Consumer Law and Products Liability for California on
Q: What would you do if your boss asks you to put out expired product to customers and you tell management and still occurs
Scott Richard Kaufman
Scott Richard Kaufman
answered on Apr 5, 2020

Me? I'd report this to the authorities. That's what I'd do.

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2 Answers | Asked in Consumer Law, Foreclosure and Real Estate Law for California on
Q: How to pay mortgage if the payment is denied.

PHH mortgage returned my reinstatement payment even though it was made on time. I followed their direction and got in touch with the attorney they had to handle a foreclosure. The Letter from the attorney had a precise and clear instructions that i followed every steps of the way. I wire-transfer... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Apr 3, 2020

In addition to the fine direction given by Attorney Kontrabecki, I'd also note that it is entirely possible that your contract(s) as they relate to this mortgage, have an "attorney fee" clause in it/them. IF so, an experienced contracts attorney or more specifically, real estate... View More

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1 Answer | Asked in Consumer Law for California on
Q: I bought a car from an impound yard which was falsly advertised, and broke down within 24 hr. What are my rights?

Impound yard advertised a 2005 Hyundai Sonata, which I purchased. It turns out it's an 04, even thought I specifically asked the guys twice I was lied to. He pressured me into making a quick decision, so I bought it. The car broke down and died the next day. Now I'm out $1300 and no car.... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Apr 3, 2020

If you feel like you were lied to about a significant issue, you can sue and maybe win and maybe even collect.

If the issue is the YEAR of the car, you are likely wasting your time.

1 Answer | Asked in Consumer Law, Contracts and Small Claims for California on
Q: How do I get my $ back from a venue that cancelled my party because of COVID-19?

I paid in full and the owner of the facility states the $ is not refundable. Contract states $ is nonrefundable if the client (me) cancels or postpones the party. I did neither.

Scott Richard Kaufman
Scott Richard Kaufman
answered on Mar 24, 2020

It's a contract question, so, go to show your contract to a contract dispute attorney.

You sound like you are in the right, but, like most of us have heard since we were very

small, "possession is 9/10ths of the law." and HERE, the other guy does not want to...
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3 Answers | Asked in Consumer Law, Contracts, Civil Litigation and Lemon Law for California on
Q: Sold my car to carmax. They sold it. The new owner did a hit and run and it came back to me.

I traded in a fully paid off car went to carmax to trade it for a cheaper vehicle on insurance. I found a cheaper car and even recieve a check back because I still had positive equity balance. Few months, I thought my car was stolen as It was repossessed! I paid the 1300 to get it out. While trying... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Mar 19, 2020

Sorry for your issues. You will want to get in touch with a consumer protection attorney immediately for a full evaluation of your circumstances and options going forward.

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1 Answer | Asked in Consumer Law and Small Claims for California on
Q: I bought an online class with 30 days money back guarantee and the vendor refused to give me a refund.

The class offered a 30 days money back guarantee. They said that it was 30 days from the first day of class. So I counted 30 days from the first day and I asked for a refund on what I thought was day # 30. But the vendor said that it was actually day # 31 and not day # 30 and therefore they... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Mar 15, 2020

Anything is possible. Give it a try!

1 Answer | Asked in Consumer Law for California on
Q: Merchant has a signed receipt but never billed credit card and CC account is closed. Am I liable for the charge?

On 12/18/19 I purchased access to an online educational platform for SEO via credit card over the phone for a total of $5860. The representative confirmed the transaction and forwarded a receipt listing it as completed and I e-signed a receipt with the last four digits of my card on it.... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Feb 21, 2020

Without a full review of all facts and documents, no one can opine definitively here, but, your point "Aftergaining access to the platform, I found the contents extremely poor and not usable." is likely the best place for you to focus your efforts when push comes to shove. Good luck with it.

2 Answers | Asked in Civil Litigation, Consumer Law and Small Claims for California on
Q: Can I video a conversation with my phone at a business that has cameras everywhere and notices I am being recorded?

I was at a towing company trying to recover my car and I recorded my interaction with their employee at the front counter. There are cameras everywhere and notices that I am being recorded. Can I record my interaction and can I use that in small claims court? The tow was illegal and they did damage... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Feb 8, 2020

Sounds like you already did. What's good for the goose is good for the gander...

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2 Answers | Asked in Contracts, Lemon Law and Small Claims for California on
Q: breeder rights in CA? buyer refuses to pay for Puppy. what rights do i have in CA as a breeder to get payment?

Buyer came and purchased a puppy from me with a check. after a Day he informed me that the puppy was ill with kennel cough and stopped payment on the check. the buyer has not provided any information from a vet showing that the puppy is ill and refuses to bring the puppy back for a refund or to... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Feb 4, 2020

The CA puppy lemon law is in place to protect consumers from unscrupulous breeders. Assuming you are not one, find it, read it, abide by it. It's pretty short and in mostly plain English. When all conditions and dates have been or have not been complied with, seek more help from counsel.

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1 Answer | Asked in Consumer Law for California on
Q: Can a used car dealer sell me a car without being smogged? I purchased the car in April 2019 I still dont have plates or

Registration for car and I paid car off in sep 2019 I called DMV they told me there is a lien on my car and it has not been smogged since Feb 2018. So now I've been driving with Expired Temp paper plate that Expired Oct 2019 Is the dealer breaking any laws????

Scott Richard Kaufman
Scott Richard Kaufman
answered on Jan 31, 2020

Sorry for your issues. Whether they smogged it or did so timely is not your issue.

For instance if it under 4 years old, no smog required. The issue is, as you've noted,

no tags, no title, presumably. THAT is a problem and may or may not be related to

the no smog...
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