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2 Answers | Asked in Consumer Law, Business Law and Civil Rights for California on
Q: How do you get a refund after the Auction you bought a car from hasn’t delivered the car after 6 weeks?

We have a Car Hauling business and with the purpose of growing it, we bought a 2017 RAM 3500 from Global Auto Auction online, a company that sells cars from COPART, on March 14th, 2024.

During the phone conversation Vini was having with the Auction manager Jerry, while biding on the car, he... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on May 2, 2024

You asked: How do you get a refund after the Auction you bought a car from hasn’t delivered the car after 6 weeks?

I respond, reach out to Jane Santoni in MD for direction.

She is the best of the best. Tell her I said HELLO.

Good luck with it

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3 Answers | Asked in Medical Malpractice, Consumer Law and Health Care Law for California on
Q: Who do I report a medical provider to that hasn’t reimbursed me for overpayment? It’s been 60 days since they’ve known.

I was charged $1280 for services from a medical provider that partners with my medical insurance on January 30, 2024. I paid the bill in full in February 2. My insurance provider notified me that with the portion they paid to the facility, I should’ve only paid $892. I contacted the medical... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Apr 17, 2024

Phone calls are often difficult to "save" which is why I prefer writings.

Keep a detailed record of the writings and if they are not going to pay

shortly, bring your records to small claims court. It is a loosened up

place to be, see "Judge Judy" for example and no attorneys allowed.

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2 Answers | Asked in Gov & Administrative Law for California on
Q: How can I legally sell my vehicle in California when it cannot currently pass SMOG?

I am planning on selling my vehicle because I cannot afford the necessary replacement of catalytic converters (which needs to happen in order to pass SMOG) and timing belt replacement. These repairs have been deemed necessary by a master mechanic and the car runs well except for these issues.... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Apr 15, 2024

The DMV website has the rules. Basically, you can sell it "non - op" or "for parts only" and that should suffice, but, yes, it must be disclosed...

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2 Answers | Asked in Consumer Law, Securities Law, Stockbroker Fraud and White Collar Crime for California on
Q: I was one of the 19 investors in the USA vs Hewko case (2:19-cv-09736-FLA-AFM), How do I stay updated on this case?
Scott Richard Kaufman
Scott Richard Kaufman
answered on Apr 12, 2024

It's unclear to me what you mean when you say you are an investor in a case? That's a very rare thing to be, outside of being THE attorney or THE law firm handling the case? Perhaps you meant to say one of the people who was harmed in the case, as perhaps an investor in the company? If... View More

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3 Answers | Asked in Consumer Law, Criminal Law and Banking for California on
Q: Citibank refuses to return my $1285.00 after my account was hacked.

On 12/23/23, my mother had her Social Security retirement check for $1285.00 taken out of her bank. They denied her any chance of getting it back stating it was fraud so it was denied. Her other check for roughly $146.00 was also kept even though it came in afterwards. She lives check to check and... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Feb 16, 2024

As Mr. Bayer notes, it is unclear here who even took the money, was it the bank?

IF so, THEY have a huge problem. IF not, they may STILL have a problem, maybe?

I think you seek an elder abuse attorney for more input/direction.

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3 Answers | Asked in Consumer Law and Small Claims for California on
Q: Do I need to use a CA lawyer to sue someone in LA County? I live in Oregon.

I inherited two animation cels (one each of Tom and Jerry) in one frame. I sent them to an animation restoration specialist in Westlake Village, LA County. Estimate to fix and frame them was six months. He has had them for three years despite phone calls and letters asking him to return them. The... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Feb 16, 2024

No, but, if you sue in a court of law, NOT small claims, then you will need an attorney, unless you represent yourself, as you would in small claims, that is a member of the CA bar...

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2 Answers | Asked in Consumer Law and Real Estate Law for California on
Q: Mortgage company says I owe a deferred principle balance on a 2nd Loan that has already been paid

We did a partial claim coming off a forbearance plan a year ago. We got this balance paid by CA Mortgage Relief Fund. My mortgage company still has this amount reflected as a deferred principle balance on a second loan even tho it was transferred to HUD and was paid for. I am in the process of... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Feb 12, 2024

when it comes to ANYTHING relating to Real Property and the value of same and the potential loss of same, you need to NOT come to a free web site for input/advice but to hire a known professional in this area of law to make sure your arguments are done correctly AND if not and you suffer some later... View More

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3 Answers | Asked in Consumer Law and Contracts for California on
Q: I deposited cash into a used car dealership account for a car BUT DID NOT TAKE DELIVERY NOR SIGNED ANY DOCUMENTS

now I want to cancel for a full refund

Scott Richard Kaufman
Scott Richard Kaufman
answered on Jan 12, 2024

Like all things 'legal' the answer is a definite maybe. IF the seller is a state licensed dealer, they can get into serious trouble by skirting rules required to be followed in selling an automobile in CA. IF it is a private party you have other issues that may come up. Good luck with it...

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2 Answers | Asked in Consumer Law, Lemon Law, Products Liability and Business Law for California on
Q: What are my rights as a consumer of a commercial dump trailer of a local manufacturer? Defective product bought 8/30/23

We bought a dump trailer and it was defective. 10 days after we bought it the pump fell off the trailer becauae it was not properly welded. They fix it and we took it back. Then we load it and the support that holds the hydraulic bent. They supposed to fix it and they will charge us $900 . Now... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Oct 16, 2023

You have a problem, you asked about your rights as a consumer.

Then you said the issue was with a commercial (BIZ) product.

IF you find a way to get over that hump, and they exist, then

the question becomes will a lawsuit be worth the time/expense?

Lawyers with my...
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3 Answers | Asked in Consumer Law for California on
Q: Do/will you go after unfair and deceptive merchants? How does the consumer force a merchant to follow the law?

Fraud against consumer

Scott Richard Kaufman
Scott Richard Kaufman
answered on Oct 4, 2023

One uses the CLRA which is found at CA civil code sections 1750 through 1784ish?

Good luck with it.

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3 Answers | Asked in Consumer Law for California on
Q: My car has been in the repair shop since 6/2021

I bought a 2014 in in 2021 corvette with 43k miles 1 month later the engine broke down the dealer said since i bought it as is he couldnt help me. I towed it to a shop on 6/2021 paid him 9k upfront

On 9/21 he said he needed more money for some other parts i gave him 8k cash. Everytime i... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Oct 4, 2023

The BAR has an enforcement arm as they regulate repair shops. They even regulate unlicensed ones. Get them involved immediately. As a bottom line you should be able to get them to make a report about the rip off which you can use in a court of law if needed.

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3 Answers | Asked in Products Liability and Personal Injury for California on
Q: My daughter who lives in California purchased a product in Oregon and was injured in Oregon upon attempting to use the

product ? Should we get a Products Liability attorney in California or Oregon ?

Scott Richard Kaufman
Scott Richard Kaufman
answered on Sep 21, 2023

The general rule is the case belongs where the injury occurred. Like most things legal, exceptions apply. Here's hoping your daughter is OK.

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2 Answers | Asked in Consumer Law, Contracts and Construction Law for California on
Q: hired contractor to convert garage to additional dwelling unit and patio enclosedbut patio enclossed was never built

hired contractor to convert garage to additional dwelling unit and obtain patio cover permit which existed before I bought the house contractor offered to build new patio enclosed instead of obtaining permit of existing patio cover

with $35,000 higher qoute than other contractors. I signed... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Sep 21, 2023

can I recover attorney cost from defendant after I win?

can I recover attorney cost from defendant IF I WIN?

Maybe? Hire an attorney to review all related documents first.

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2 Answers | Asked in Lemon Law and Contracts for California on
Q: Is it legal to see a car with recalls and not let the buyer know?

I bought the car back in 2017 from a dealership and just recently found out it has 4 recalls on it and I was not told it had recalls on it some that are very scary. If someone can advise me on what to do next. Thank you.

Scott Richard Kaufman
Scott Richard Kaufman
answered on Sep 13, 2023

Of course, as a concerned buyer, buying a vehicle, you will want to look into that history before buying. A new car may NOT be sold with an open recall at all. A used one can. DUTY to disclose? That's another question, but, again, when spending that kind of money on a vehicle, it is wise, as... View More

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2 Answers | Asked in Consumer Law for California on
Q: A mechanic told me $6000 would fix my car. I paid, it is still broken. They want 11500 more to fix it now. Is that legal

I was assured that the pricey 6k fix was all it needed. Paid cash, picked it up and it broke down an hour later (after they had it for over a week) with same exact symptoms I had taken it in for.

They sent a tow truck and picked up me and the car where it broke down, had it for a week and... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Sep 7, 2023

You want to speak to a lemon law attorney asap and you also want to make a complaint with the bureau of automotive repair...

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3 Answers | Asked in Insurance Bad Faith, Consumer Law, Contracts and Construction Law for California on
Q: I hired a licensed plumber to repipe my condo. His workers set fire to my house and the damage is bad! What happens next

The actual plumber I hired was not present on the day the work was done. His workers had no one overseeing their work. They burned my entire wall down to charred 4x4s and the fire damaged my neighbors walls and attic as well. The workers left a mess of burned debris and a disaster of the house... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Aug 21, 2023

To me, talk to your insurance carrier asap and they will/should fix and IF they want to chase the bad guys they can?

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4 Answers | Asked in Consumer Law and Contracts for California on
Q: Optional add ons were added without consent

I finance a vehicle 7/31/23 the next day i printed out my contract and notice some errors i went to the dealership and requested them to be removed GAP paint protection VSI the finance person claimed this were required. They are violating the FTC . Also they are Misrepresenting credit score giving... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Aug 11, 2023

I concur with the other two legal eagles. I further note that you can cancel some of this stuff, whether they like it or not, and here is the cite that lists it:

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

Good luck with it

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2 Answers | Asked in Consumer Law, Contracts, Criminal Law and Business Law for California on
Q: Stolen goods ?

‏I had consignment agreement for a watch with store in los Angeles ( with exactly price of sale )

‏the store sold to different watch dealer

Without my permission and for lower amount of what we agreed and took the money to his pocket.

I want to the police and declare the... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Aug 10, 2023

Why do you want the police involved? Is this not just a breach of contract claim? IF it happened to me and I was NOT an attorney I'd hire one to write a demand letter for the $$$ not paid to you. IF that amount is less than $10,000.00 you likely end up in small claims court if no payment is made.

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3 Answers | Asked in Consumer Law and Contracts for California on
Q: Notice add ons on my car contract i did not approve dealership does not want to remove them

Payment packing, contract errors, wrong intetest rate, extend your repayment period or raise your monthly payments to pay not only for the vehicle but for add-ons that you didn’t want. I spoke with the salesperson, the finance guy and the manager and they all decline to help

Scott Richard Kaufman
Scott Richard Kaufman
answered on Aug 9, 2023

Most of those terms especially Payment packing, are used in legal circles only. Your knowing that term tells me you have seen one or more sites that handle this? IF so, that is where you should focus your inquiry, with one or more of those firms who specialize in this area of law. Good luck with... View More

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2 Answers | Asked in Consumer Law for California on
Q: I signed a auto loan for a friend who is not making payments. What can i do to get this out of my name

He drives the car, pays for insurance, holds car at his house. He hasnt paid 3 months worth

Scott Richard Kaufman
Scott Richard Kaufman
answered on Aug 14, 2023

Hard to imagine they needed you to co sign as your friend's credit was not good enough and they will now, once they have you obligated for the loan, let you out? Best move, IF possible, I'd say, is SELLING it if you can...

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