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Lemon Law Questions & Answers
Q: I got a used car financed and got into a car accident two days after had no insurance? What can I do?
1 Answer
| Asked
in
Contracts, Lemon Law, Car Accidents and Traffic Tickets
for
California
on
Answered on Jul 25, 2017
Answered on Jul 25, 2017
Ali Ebrahimzadeh, Esq.'s answer
If you have no car insurance, you may have to personally pay for the damages. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense,...
If you have no car insurance, you may have to personally pay for the damages. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense,...
Q: Bought an rv that was to bein excellent shape. Tires 1yr old advetized are 4yrs n blew out many expensive things wrong.
Peter Munsing's answer
Date stamp means date of manufacture--person could conceivably have purchased them before. I don't see a case as you buy it as is. "Excellent condition" is that person's opinion.
Date stamp means date of manufacture--person could conceivably have purchased them before. I don't see a case as you buy it as is. "Excellent condition" is that person's opinion.
Q: Can my mother sue the seller of her house, for known septic issues
1 Answer
| Asked
in
Construction Law, Lemon Law and Real Estate Law
for
Tennessee
on
Answered on Jul 7, 2017
Answered on Jul 7, 2017
Leonard Robert Grefseng's answer
Tennessee has a property disclosure law for residential homes, and misrepresentations on the disclosure form can be the basis of a claim for damages or rescission of the contract. However, there is a one year statute of limitations. Consult an experienced real estate lawyer and act promptly.
Tennessee has a property disclosure law for residential homes, and misrepresentations on the disclosure form can be the basis of a claim for damages or rescission of the contract. However, there is a one year statute of limitations. Consult an experienced real estate lawyer and act promptly.
Q: If I have a title for a vehicle I traded into a dealership, can I go get it from the dealership?
D. Mathew Blackburn's answer
You should hire an attorney. This is a tricky situation that's going to have to be handled with a bit of care.
You should hire an attorney. This is a tricky situation that's going to have to be handled with a bit of care.
Q: Is a used car dealership operating as a DBA required to have a lawyer in a lawsuit
2 Answers
| Asked
in
Consumer Law, Business Law, Civil Litigation and Lemon Law
for
New York
on
Answered on Jul 5, 2017
Answered on Jul 5, 2017
Barry Eran Janay's answer
a d/b/a is not a corporation or business entity, as such the owner can be held individually liable and there is no separate entity that would require a legal representative, in short he or she would not have to have a lawyer.
a d/b/a is not a corporation or business entity, as such the owner can be held individually liable and there is no separate entity that would require a legal representative, in short he or she would not have to have a lawyer.
Q: How many times do I have to get a car fixed before it's considered a lemon?
Ali Ebrahimzadeh, Esq.'s answer
Is it a new car? Is there a warranty? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer...
Is it a new car? Is there a warranty? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer...
Q: I purchased a car that is defective yesterday how can I get the dealer to take it back?
Peter Munsing's answer
He tells you it makes a noise. You buy it nonetheless. Sounds like it's on you. My only suggestion is file a complaint with whoever licenses car dealers--not sure if that'd be DOT or Secretary of State.
He tells you it makes a noise. You buy it nonetheless. Sounds like it's on you. My only suggestion is file a complaint with whoever licenses car dealers--not sure if that'd be DOT or Secretary of State.
Q: Problems with my car came up about a month after sale - how long do I have to complain?
Ali Ebrahimzadeh, Esq.'s answer
Is it a new or used car, with or without warranty? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law....
Is it a new or used car, with or without warranty? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law....
Q: Can I ask a salesperson from car dealer in California to sign a contract I created stating the car has clean title?
2 Answers
| Asked
in
Consumer Law, Contracts and Lemon Law
for
California
on
Answered on May 16, 2017
Answered on May 16, 2017
Ali Ebrahimzadeh, Esq.'s answer
You can propose that, but you may find the dealer unwilling to sign such a contract that you draft. You may simply want to contact DMV and present them with the VIN number to check the title of the car. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I...
You can propose that, but you may find the dealer unwilling to sign such a contract that you draft. You may simply want to contact DMV and present them with the VIN number to check the title of the car. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I...
Q: I bought a car in Wisconsin that I can't register in Colorado.
Gordon Leech's answer
Your rights in Wisconsin against the seller of a used car depend on whether you bought from a dealer or a private party, what affirmative representations were made about the car, and the terms of the agreement you entered. There're too few things known about your purchase circumstances to be able to give you any opinion on your remedies at this point. I recommend that you consider contacting an attorney licensed is in Wisconsin that practices consumer protection for a consultation to obtain an...
Your rights in Wisconsin against the seller of a used car depend on whether you bought from a dealer or a private party, what affirmative representations were made about the car, and the terms of the agreement you entered. There're too few things known about your purchase circumstances to be able to give you any opinion on your remedies at this point. I recommend that you consider contacting an attorney licensed is in Wisconsin that practices consumer protection for a consultation to obtain an...
Q: I bought a car from a dealership 3 months and they sold it to me with a ton of problems. Can they buy it back?
2 Answers
| Asked
in
Civil Litigation, Products Liability and Lemon Law
for
New York
on
Answered on May 6, 2017
Answered on May 6, 2017
Ali Ebrahimzadeh, Esq.'s answer
Is it a new or used car? Was there a warranty with the car? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and...
Is it a new or used car? Was there a warranty with the car? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and...
Q: If a lady sold me a motorcycle for $6,000 in California but wants $10,000 after she wrote 6 on the title, Can she sue me
2 Answers
| Asked
in
Contracts, Collections and Lemon Law
for
California
on
Answered on Apr 27, 2017
Answered on Apr 27, 2017
Ali Ebrahimzadeh, Esq.'s answer
It depends on the contract you made. Was she trying to defraud DMV and the IRS by stating a lower amount on the title, with or without your consent? Did you agree to pay her $10,000? Text messages can be subpoenaed from the service provider.
See: http://www.aeesq.com/business-law/business-law-introduction/
More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my...
It depends on the contract you made. Was she trying to defraud DMV and the IRS by stating a lower amount on the title, with or without your consent? Did you agree to pay her $10,000? Text messages can be subpoenaed from the service provider.
See: http://www.aeesq.com/business-law/business-law-introduction/
More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my...
Q: Are humane societies subject to puppy lemon laws in Minnesota?
Lucas Wynne's answer
No. Humane societies are not covered under the 325F.79 definition of pet dealers.
No. Humane societies are not covered under the 325F.79 definition of pet dealers.
Q: I purchased a used car form a used dealership how do I go about getting my money back?
1 Answer
| Asked
in
Products Liability, Business Law and Lemon Law
for
New York
on
Answered on Apr 18, 2017
Answered on Apr 18, 2017
Barry Eran Janay's answer
You're not covered by the lemon law because over 125K miles and if the warranty was for only 1K in miles then you may have lost your rights there as well.
It will come down to what the contract / purchase documents say. Most likely this is a shady dealership that got you to sign some things that weren't in your best interest.
I would chalk this up as a bad bargain / life lesson to be more careful.
How much will it cost to get a new transmission?
You're not covered by the lemon law because over 125K miles and if the warranty was for only 1K in miles then you may have lost your rights there as well.
It will come down to what the contract / purchase documents say. Most likely this is a shady dealership that got you to sign some things that weren't in your best interest.
I would chalk this up as a bad bargain / life lesson to be more careful.
How much will it cost to get a new transmission?
Q: I sold a car on Craigslist, now the buyer says the transmission is bad, am I at risk of having to ray her for the repair
Alexander Florian Steciuch's answer
There's nothing stopping her from suing you for the cost of the transmission or for fraud. The real question is whether or not she would be successful. Unless you made any guarantees, offered her a warranty or had knowledge of a material defect, which it does not sound like you did, the odds may be low that she could bring a successful claim. Having the car inspected before selling it is a strong point in your favor, as was having her test drive it. In this case it sounds like you sold the car...
There's nothing stopping her from suing you for the cost of the transmission or for fraud. The real question is whether or not she would be successful. Unless you made any guarantees, offered her a warranty or had knowledge of a material defect, which it does not sound like you did, the odds may be low that she could bring a successful claim. Having the car inspected before selling it is a strong point in your favor, as was having her test drive it. In this case it sounds like you sold the car...
Q: Bought a car with a bill of sale & it was impounded the following day so owner had to get it & doesnt want to take the
Manuel Alzamora Juarez's answer
No. You will get yourself into trouble.
What is happening here is that the previous owner is still the title owner. You are the title holder. However, until you register the car in your name and buy insurance for the car, the previous owner is responsible for any damages you may cause to another or to the property of others. Call an insurance person and get a policy and resister your car with the DMV and then with that documentation, you can call the previous owner, thank him for...
No. You will get yourself into trouble.
What is happening here is that the previous owner is still the title owner. You are the title holder. However, until you register the car in your name and buy insurance for the car, the previous owner is responsible for any damages you may cause to another or to the property of others. Call an insurance person and get a policy and resister your car with the DMV and then with that documentation, you can call the previous owner, thank him for...
Q: The company didn't pay return shipping cost for wrong item shipped. UPS held me responsible for the bill as a shipper
1 Answer
| Asked
in
Business Law, Collections, Lemon Law and Consumer Law
for
Colorado
on
Answered on Apr 4, 2017
Answered on Apr 4, 2017
Tristan Kenyon Schultz's answer
You may have grounds for a case. You should continue to try to seek an agreement between you and the seller (not UPS), but if this does not work litigation is your best choice. You likely qualify for small claims court. You may need an attorney for assistance, but you are not required to have an attorney.
You may have grounds for a case. You should continue to try to seek an agreement between you and the seller (not UPS), but if this does not work litigation is your best choice. You likely qualify for small claims court. You may need an attorney for assistance, but you are not required to have an attorney.
Q: I purchased a used car and they didnt undisclose issues can i sue them?
Joanne Reisman's answer
This isn't my area of expertise so you will probably need to still look for an attorney that specializes in used car purchase issues. What I can tell you is that the buyer usually has the responsibility to completely inspect a used car before purchasing. It is wise to call in a professional mechanic to inspect the vehicle before you buy it. There are mechancis who have mobile vans that can go to the car lot and for a fee will do the inspection for you. That said. the sale of a used vehicle...
This isn't my area of expertise so you will probably need to still look for an attorney that specializes in used car purchase issues. What I can tell you is that the buyer usually has the responsibility to completely inspect a used car before purchasing. It is wise to call in a professional mechanic to inspect the vehicle before you buy it. There are mechancis who have mobile vans that can go to the car lot and for a fee will do the inspection for you. That said. the sale of a used vehicle...
Q: I bought a car two months ago from an used car dealer. It started giving problems right two weeks after purchase and
1 Answer
| Asked
in
Consumer Law, Lemon Law, Small Claims and Criminal Law
for
Michigan
on
Answered on Mar 30, 2017
Answered on Mar 30, 2017
Adam Alexander's answer
I would need to review the purchase agreement and finance agreement to give you a more detailed response. However, most used vehicles are purchased "as-is". If you purchased the vehicle “as-is” it means you buy it with all its defects and nonconformities. Essentially, because the vehicle is not warranted, you may not have a legal claim. If there is no warranty as to the vehicle’s mechanical ability, the only potential claim you may have is for fraud, (ie. odometer fraud, title fraud)....
I would need to review the purchase agreement and finance agreement to give you a more detailed response. However, most used vehicles are purchased "as-is". If you purchased the vehicle “as-is” it means you buy it with all its defects and nonconformities. Essentially, because the vehicle is not warranted, you may not have a legal claim. If there is no warranty as to the vehicle’s mechanical ability, the only potential claim you may have is for fraud, (ie. odometer fraud, title fraud)....
Q: I've bought a used car and the next day the transmission stops. Anything legal I can do? I purchased as is but one day?
1 Answer
| Asked
in
Products Liability, Business Formation, Business Law and Lemon Law
for
South Carolina
on
Answered on Mar 18, 2017
Answered on Mar 18, 2017
Peter Munsing's answer
If the warranty covers drive train it should. You want to find out what the problem was. If it'something they have to know about, then you can go after them. File a complaint with better business bureau, with the attorney General;s office of consumer affairs.
If the warranty covers drive train it should. You want to find out what the problem was. If it'something they have to know about, then you can go after them. File a complaint with better business bureau, with the attorney General;s office of consumer affairs.
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