I was out of town for a while and my sister took my car and put it at a self storage facility without my permission. I got a call a couple weeks ago telling me that I owed $300 to the storage facility and I told them that they didn't have my permission to store my car. They told me that they... Read more »
answered on May 23, 2023
Attorney Mandel have you great advice. I will only add that you should file an identity theft report with the police and on ftc.gov so that you have take. Steps to dispute whatever your sister signed you up for (now known and also things you are yet to discover). Also if you did not give your... Read more »
I'm ready to hire a new company to repair my roof and install a new HVAC. They have given me an estimate. Their website says, "10% off for military, veterans, police, firefighters, etc." My wife is the (etc.) She's a Nurse. The website also says "FREE whole house germicidal... Read more »
answered on May 16, 2023
This will be difficult and expensive to litigate. Without actual damages you may not be able to pursue the case at all. If the ad is a mistake on their end and they admit and apologize for the mistake, and you have no damages, the court is likely to excuse their mistake. I’m not sure you’ll be... Read more »
My mom wants me to have her share of the house she has a reverse mortgage on when she dies. From what I can tell, you get only 30 days to resolve the mortgage with various extended time it at most can be one year. I am in California, no probate is clearing our court system that fast.
What... Read more »
answered on May 10, 2023
You need to consult with an estate planning attorney regarding a revocable living trust if you want any chance to avoid probate and not have the property tied up in probate court while you try to refinance out of a reverse mortgage. The cost of hiring an estate planning attorney now will almost... Read more »
I have hired a lawyer who turned out to be colluded by the other party, a huge corporation, and he filed an arbitration demand without my approval, while I wanted to go to court. There are several grounds to challenge the arbitration agreement. Can I file in court meanwhile that the arbitration... Read more »
answered on May 1, 2023
Unlikely. It’s extremely difficult to overcome an aero traction agreement. If you are not satisfied with your current attorney, hire a new one. Then discuss your arbitration concerns with the new attorney to see if you have any other options. Also keep in mind that in consumer arbitrations, the... Read more »
I own a property in Antioch, California but I lived mostly outside of the US so I used a CA local realty management company. My HOA statement letters have been sent to the realty/ property management company. But after I ended the contract with the realty, the property manager never told me or... Read more »
answered on Apr 4, 2023
You may not be able to pursue this against the realty management company. Technically it is your responsibility to make sure the HOA is paid timely. You could have/ should have contacted the HOA company and informed them of updated contact information. It’s not clear whether the realty company... Read more »
A dealer ship lied about the down payment approval but signed the contract with that financing terms then tried to change the down payment to$250 I had financing already when I applied for credit but after I turned down the second contract the dealership didn't run my credit with who I was... Read more »
answered on Mar 13, 2023
almost all california car contracts are identical and have a 10 day provision where a dealer can cancel the contract within 10 days (i.e. they have to tell you by phone, text, email, etc. within 10 days that they are cancelling the contract). if they did not tell you until day 12, then you can... Read more »
I am selling my home. The buyer’s home inspector took photos of some parts of the AC system and suggested it should be inspected by an HVAC company. The buyer’s agent obtained a quote for a brand new AC for 13k; based solely upon reviewing the pictures taken by the home inspector. The hvac... Read more »
answered on Feb 28, 2023
You need to disclose the cost of repair you obtained from your inspector. I wouldn’t think you have to disclose the cost of replacing the unit if it doesn’t actually need to be replaced. It is possible the new buyer will want their own inspection and their own quote to repair/ replace depending... Read more »
On 12/22/22 we purchased a new Honda oddest at Honda Moss Bros. Today 12/31 in the mail this evening-our mail comes at 6ish PM we received A notice of cancel due to not finding financing. The envelope almost wasn’t opened as it looked like a sales letter. We recieved no phone calls or emails.... Read more »
answered on Jan 1, 2023
no, they are not too late if the date on the letter is within 10 days and you say you received it on day 10. you need to return the vehicle and get back whatever money you paid to the dealer thus far.
I bought a Camaro in July. After major issues almost immediately with the vehicle, I started questioning the dealership. I was given certified papers that the car only had one previous owner, had never been in an accident and that their mechanics had gone over the car. When the rear end fell off, I... Read more »
answered on Dec 5, 2022
Yes, California has the consumer legal remedies act which protects car buyers from such issues. There are also many warranty laws that may apply here. There are specific attorneys practice dealership fraud law. Call and have a consultation. Make sure you have all your paperwork ready to provide... Read more »
Customer filed dozens of fraudulent damage complaints, filed disputes with PayPal and the BBB and broke our business terms of service so we banned them. One month later they created a new account on our e-commerce website using their wife's maiden name and repeated the process of placing... Read more »
answered on Nov 16, 2022
They can file a lawsuit (anyone can) but it doesn’t mean they will win. It’s not clear what they would sue you for (especially if you are refunding). You may need to consult with and have a business attorney on retainer as it’s just a smart thing to do for anyone who owns a business. A letter... Read more »
I hired a contractor to remodel a kitchen and bathroom. He did really poor work, and refuses to fix it. When he was doing th ekitchen he found some damage to the back wall of the house. I agreed to have him fix it and the top floor of my house has dipped. I can't close a window. I have... Read more »
answered on Nov 15, 2022
Attorney stoddard is correct and gave you great advice. I would add that you need a new contractor to come out and give you a written estimate of everything that needs to be fixed. The estimate should be as detailed as possible. You will need this to prove your damages.
I inherited a house which was owned free and clear I had a lawyer help me through probate and paid of taxes and everything was put in my name and I have a the grant deed. I recently went for a home loan of credit and they are telling me theres a lien on the house, but the loan company that put it... Read more »
answered on Oct 25, 2022
you will likely need to hire a real estate lawyer to review title and all documents and possibly prepare a quiet title action.
an amount to cover for my share of the home and quitclaim the home to my sister. Should the cash-out refinance and quitclaim occur at the same time? Do I have to pay any taxes for this quitclaim? Thank you.
answered on Oct 24, 2022
You really need to consult with a real estate attorney. There are many facts missing to answer your question in this forum. (i.e. is your sister on board with refinancing? do you both, and/ or each, qualify to refinance? who lives at the property? how much are you planning to cash out? and many... Read more »
My car was donated in 2019. I submitted NRL online.
In Feb 2022, a towing company sent me a bill regarding my car got abandoned and I need to pay them to claim the car. The ownership was never transferred. The notice didn't tell what other thing (e.g. dispute, show proof of NRL) that I... Read more »
answered on Oct 9, 2022
Can you sue for fdcpa? Possibly. Keep in mind the statutory damages are fairly small. This is not a do it yourself matter and you should hire a consumer attorney. Fdcpa allows for attorney fees so most attorneys take such cases on contingency. There may also be fcra violations. All documents would... Read more »
Now the current owners are threatening civil lawsuit eventhough I didn't know about the lien with the coast guard. I had the boat registered thorough the DMV. The broker was the one who looked up all liens against the title.
answered on Oct 4, 2022
This will come down to whether you knew or should have known about the lien before selling the boat. Without reviewing all the paperwork it is difficult to ascertain your liability. You may have to hire an attorney to consult with and review the documents to understand your legal position.
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 »
answered on Sep 22, 2022
you should gather all your paperwork (from purchasing the documents, to warranties, to report reports, etc) and consult with an auto fraud/ dealership fraud attorney. during the consultation and after full review of your documents, the attorney should be able to inform you of your legal options in... Read more »
The mortgage has not been paid since he passed. And the tenants just received a foreclosure notice. The property needs more work than it’s worth but I spent so many summer days there and it has great sentimental value of the property. How can I stop it from being foreclosed on and not have my... Read more »
answered on Jul 26, 2022
You need to consult with a probate attorney. Because there was no will, the laws of intestate apply (ie property goes to grandpas kids, then grandkids, etc). Talk with a probate attorney if there is anything that can be done if grandpas kids won’t sign away their interest.
The company says the invoice was hacked and they paid the wrong people. They said they got some of the money back and would pay us but then stopped communicating with us without returning any money to us and now won't respond at all. Contract was initiated in CA but the large company's... Read more »
answered on Jul 15, 2022
there isn't a question in the post but if you're trying to ask what you can do, you can sue for breach of contract. You can do it on your own or hire an attorney. You likely need a business litigation attorney or a litigation attorney familiar with breach of contract cases.
They were talking amongst themselves and I knew something was not right. Tech and the assistant manager apologized and told me that I would have to give them a moment so that they could discuss what happens with district manager. Mind you it’s after 6pm and they’re technically closed.... Read more »
answered on Jun 15, 2022
You should consider giving them the opportunity to fix the issue.
We are lawyers not mechanics and as such we don't know what kind of claim, if any, you may have without additional info, such as an expert (or at least another mechanic shop) inspecting the vehicle and preparing a... Read more »
I bought a SFR in August of 2021. Market was really hot back then and I ended up offering 50k over asking price for a property that looks good from afar but was remodeled without permits (kitchen, added a 4th bedroom) plus converted garage to an ADU and nothing was done to code. The sellers nor... Read more »
answered on Jun 13, 2022
Unfortunately you admit that you were informed during escrow and before closing and you decided to proceed with the purchase. That means that you had knowledge and cannot claim failure to disclose. In other words, litigation will cost you quite a bit and you are not likely to succeed given the... Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
