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Questions Answered by Scott Richard Kaufman
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... View 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... View 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... View 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... View 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... View 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...
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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... View 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.... View 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...
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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... View More

1 Answer | Asked in Consumer Law for California on
Q: Can my vehicle impounded by law enforcement with a 30 day hold sell my vehicle AND charge me all fees and charges?

I Thought selling the vehicle covered all the fees

Scott Richard Kaufman
Scott Richard Kaufman
answered on Apr 27, 2022

Yes they can. Not sure about covering as 'selling' is often a scam wherein they sell to someone LOW, who they are in business (or family) with and then after that sale, they re sell it for fair value. They also chase the original owner for the shortfall in the first sale...

1 Answer | Asked in Consumer Law for California on
Q: Can I use somebody picture on my website if I give them photo credit and put that they made took the picture?

I have a website and I saw silicone molds and cookie cutters and baking supplies etc. I Don’t have enough time to make my own products.

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

Answering so I can see what responses look like...

2 Answers | Asked in Consumer Law and Lemon Law for California on
Q: What can I do about mechanical issues and damage on the brand new RV purchased from a dealership?

I just purchased a brand new 2022 RV from a dealership. We purchased it about 2 hours away from our home. When we got it home that same day of purchase, the slide out was malfunctioning. After getting a mobile repairman out for inspection he found that the wiring was faulty and slide out damaged.... View More

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

Sorry for your issues. This is not an unusual problem with these vehicles.

In fact, over time, I've seen again and again these issues and hundreds more it seems.

Homes generally, just were not really made to be 'this' mobile. Anyhow, while you can

demand...
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1 Answer | Asked in Consumer Law for California on
Q: Items ordered on open account not delivered. Carrier says they were. No signature was required. Who is responsible?

Shipper refuses to reverse the charges for the goods, and keeps adding monthly late fees to my account. I was home at time of alleged delivery, as were 2 other people. The shipper and carrier are both large corporations. The shipper is in Louisiana. I have been a customer for 25 years. I filed a... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Apr 5, 2022

Sounds like both facts can be true, as in, they lived up to their end by delivering and you did not get it. So, the Judge will decide and who knows what s/he will decide??? Maybe it would be better to make a claim on your insurance?

2 Answers | Asked in Consumer Law and Personal Injury for California on
Q: Caught my landlord threat me with a tro&eapo 2 force evict. 4 mos wait 4 hearing, then dismissed in my favor. Help plea

Deputies serve me court orders, 4 the second time in the week, adding verbal instruction that I must immediately leave my residence, or else they would take me to jail, in their vehicle, on 8/2/2021.

On or about 6/28/21, an agent of the landlord & the landlord, tresspassed on my... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Mar 28, 2022

I'm sorry this happened. What did your attorney say/do about this when they went for the restraining order AND showed this evidence you have on tape AND when they tried to evict you? Seems like THAT was the time to make sure you had your legal ducks all in a row. That said, it may be wise to... View More

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3 Answers | Asked in Consumer Law and Small Claims for California on
Q: car repair rip off

Dealership increased the repair cost from $500 to $4,300 and repaired the car with no authorization

Scott Richard Kaufman
Scott Richard Kaufman
answered on Mar 23, 2022

I see no reason to respond here as Mr. LeBel has handled it quite nicely.

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1 Answer | Asked in Consumer Law for California on
Q: I’m buying a car from the lady I rent from. She’s charging me $8,500 for the whole car. I’ve already paid $5,600.

I pay her weekly for the car. I was short on my last payment to her. I told her I need one more day to go make the money so that I wouldn’t be behind. She said that’s ok. Then early the next morning she comes and picks up the car. Can she do that? The car is registered under my name.

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

Well, she did it apparently? Check your agreement to see if she has the right to do it? My guess is she likely does not have such a right. Also, if this is a landlord, any fight could get ugly, as in, you may end up losing your place of residence? You will want to sit down with an atty asap to... View More

1 Answer | Asked in Consumer Law and Business Law for California on
Q: Can a store charge you a restocking fee if item has not been delivered because they keep changing the ETA

and you cancel the order?

Scott Richard Kaufman
Scott Richard Kaufman
answered on Mar 17, 2022

Generally, I'd say that not a lawful move. You may want to see all agreements you signed or signed off on and have them send their written policy on this to you and where you can find it in the contract and/or online...

1 Answer | Asked in Consumer Law, Contracts, Civil Litigation and Small Claims for California on
Q: Horses at my so called friends house she went and bought hay

My friend ( so I thought) said I could keep my horses at her house. I told her I would provide hay I just need a day in advance notice. Well she never said a word to me and went and bought 10 bales of hay and wants me to pay her for them or she won't let me remove my horses. She knows that I... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Mar 16, 2022

You have not asked a question, but, I'll pass on some thoughts:

a- You need to move your horses asap

b- IF you have to pay $180.00 to do it, you should

c- if you are not happy after paying it and getting your horses, you can then sue, if you want.

d- as a human...
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