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Lemon Law Questions & Answers
1 Answer | Asked in Internet Law, Lemon Law and Small Claims for Michigan on
Q: Hi, I just purchased a car from a private seller, they assured me there was no issues and I could bring it back.

I purchased a car from a private seller. He assured me there were no issues other than cosmetics, after driving it home I immediately informed him that the car ran rough, on the highway. He told me that if I found any issues, we could trade back the next day. I told him this is what I wanted. He... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 5, 2020

A Michigan attorney could advise best, but your post remains open for two weeks. As a general matter, it could be a difficult situation - one party's word against another's, as the communications/agreements appear to have been verbal. One option could be to review the terms and conditions... Read more »

1 Answer | Asked in Civil Litigation and Lemon Law for Georgia on
Q: Can I be sued over a verbal agreement that the sued has altered to benefit herself?

I recently bought a car from a private seller we negotiated a verbal agreement that I will pay her $2,000 upfront cash and then pair a thousand following week to close the deal after the week of test driving it she is recently has changed the verbal agreement upon the fact that the car motor had... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jun 29, 2020

It is best to contact an attorney as soon as possible to discuss the specifics of your case.

We are glad to assist you. Contact us whenever you are ready.

We wish you well.

-The Upshaw Law Firm, (770) 240-0922.

1 Answer | Asked in Consumer Law, Products Liability and Lemon Law for California on
Q: I bought a used car the guy assured me there was nothing major was wrong

he assured me Nothing major was wrong with the vehicle. I had no one to check the car out for me I'm single mother of two young children, saved up because I needed a car and 1 months later the transmission is out I believe he knew the transmission was going out and did not tell me is there... Read more »

Tim Akpinar
Tim Akpinar answered on Jun 21, 2020

A California attorney could advise best, but your post remains open for three weeks. As a general matter, private sales often tend to be "as is." I'm sorry for the difficult situation the purchase has put you in, but unless the seller included some form of written warranties,... Read more »

1 Answer | Asked in Consumer Law, Lemon Law and Products Liability for North Carolina on
Q: We have a Jeep that is less than 2 years old that we have now sunk about $6,000 in repairs. What is our recourse?

There was a recall on the clutch and we fixed that issue before the recall and are trying to get reimbursed. The same issue has happened though on top of other issues. The car is used to and from work and normal use. It is only about 18 months old and we have sunk about $6,000 repairs on a brand... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman answered on Jun 17, 2020

I assume you purchased the vehicle new. If you purchased a used vehicle, the lemon law does not apply. Here are the basic lemon law details for a few vehicle.

The problem occurs in some part of the vehicle that is covered by the manufacturer’s warranty and you are within the warranty...
Read more »

2 Answers | Asked in Consumer Law and Lemon Law for California on
Q: I recently posted a question on here about how my car was paid off but got repossessed. the dealership said I had a loan

well I checked all three credit reports and screen recorded my credit reports online and sent it to the dealership to prove they are at fault and no loan was even talked about. what kind of demand letter can I send? is there any lawyers who will draft and send one for u at a cost of some of the... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on Jun 11, 2020

Sorry for your issues. Assuming all facts you state to be correct, you can go with an Auto Fraud claim (attorney) or you can go with an Unfair Debt Collection claim (Attorney) or someone who handles both. Anyone who practices consumer law should be able to handle OR refer to the proper firm.

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1 Answer | Asked in Consumer Law, Products Liability and Lemon Law for California on
Q: I bought a used car the guy assured me there was nothing major was wrong

he assured me Nothing major was wrong with the vehicle. I had no one to check the car out for me I'm single mother of two young children, saved up because I needed a car and 1 months later the transmission is out I believe he knew the transmission was going out and did not tell me is there... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jun 9, 2020

Very sorry to hear about your situation. Buying used cars is difficult particularly if you are not mechanically inclined and cannot detect defects on your own. But lets talk about what you can do now. If you bought this from a dealer, you probably got a very limited EXPRESS warranty (meaning... Read more »

3 Answers | Asked in Consumer Law and Lemon Law for California on
Q: Seller did not fully disclose mileage despite claiming original miles.

I recently purchased a vehicle which was listed as "125k original miles."

I found a service document listing this vehicle at 161,422 miles on 7/20/17. The VIN and license number match. However, the gauge cluster reads 125k miles. Because of the increase in miles, there is a... Read more »

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

Seller has committed (LIKELY) a crime, as rolling back an odometer is a federal crime.

If for instance, the prior repair order is in seller's name, you have proof he KNEW of the rollback.

You cannot THREATEN to report the seller, you can only report him/her or not report....
Read more »

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2 Answers | Asked in Consumer Law and Lemon Law for California on
Q: If I purchased a vehicle and the seller lied about the mileage on the car how do I go about this process if I have proof

I have service records indicating that the mileage on the car is more than what is listed on the odometer from 3 years ago. It was listed at 161,422 from a Jiffy Lube on 7/20/17. Upon purchase, the mileage is at 125,644.

Scott Richard Kaufman
Scott Richard Kaufman answered on Jun 6, 2020

To commit odometer fraud is a CRIMINAL offense, a Federal Crime. IF it's done by an individual AND you can prove intent, ie, they knew it, that person can be charged criminally. It would be HARD to get law enforcement generally to take it seriously though. Maybe DMV would take it seriously?... Read more »

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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 Civil Litigation, Consumer Law and Lemon Law for Arizona on
Q: Am I a Class Member even though I was not a plaintiff in Vargas, et al. v. Ford Motor Company?

With the recent Ford Class Action (Vargas, et al. v. Ford Motor Company) reaching a Settlement, I hope it's finally time to get rid of my problematic 2011 Ford Fiesta while Ford pays for it (it's currently at the dealership right now with transmission issues for about the 4th or 5th... Read more »

Adam Savett
Adam Savett answered on May 8, 2020

You are a member of the class, and thus entitled to participate in the benefits of the settlement if you meet the class definition. You do not NEED to be a plaintiff in order to participate in most class actions in the United States.

The definition in this case is:

You are a Class...
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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 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... Read 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.

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 Lemon Law for Minnesota on
Q: I bought a used car for 5000. Dealer told me they had put alot of work into it. Engine blew up within 6 days.

The car is a 2009

Mark William Perron
Mark William Perron answered on Apr 27, 2020

Tough break! Buying a used car is always a big risk. Unfortunately, the Lemon Law only covers new or slightly used cars.

In order to hold the dealer accountable, you would need to prove that they knew about a material defect and that had you known about said defect, you would not have...
Read more »

2 Answers | Asked in Bankruptcy, Consumer Law and Lemon Law for Ohio on
Q: In vehicle Lemon Law, if a manufacturer files bankruptcy, does the manufacturer still have to honor lemon repurchase?

Repurchase/replacement of lemon vehicle.

Would I be better off waiting to file for lemon replacement until AFTER the manufacturer declares BK and is out of it, or would a person be better off filing BEFORE the BK is announced, and try to race the manufacturer's potential BK?

I... Read more »

Timothy Denison
Timothy Denison answered on Apr 20, 2020

Generally no. But it can be case specific so you should check with the trustee.

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1 Answer | Asked in Consumer Law and Lemon Law for Ohio on
Q: Hi..I purchased a Bentley from a dealer in Cleveland OH and I Beilieve details were not disclosed./fraud sale

Vehicle on day one broke down ended up needing two batteries for 750 dollars, then immediately needed 3k repairs which didn’t resolve some issues. Bottom of car completely rusted and local mechanic said it has sustained water damage. Dealer sent me check for 1500.00 which is no where near... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on Apr 11, 2020

Check your contract. If you purchased the car "as is" and no affirmative misrepresentations about the car were made, you are likely out of luck. If the dealer made affirmative misrepresentations about the quality of the car, you may have a cause of action under Ohio's Consumer Sales... Read more »

1 Answer | Asked in Lemon Law for Florida on
Q: Can my ex boyfriend move out of state while a Paternity action is pending?

Child Custody question:

I served my ex boyfriend with a petition to establish paternity and child support on 3/1/20 in Florida. He just filed his answer on 4/3/20 and in his answer he has a CT address listed as his current address, and he has his income listed at $0. He was working when he... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 5, 2020

Yes, of course he can leave the state if he wants to. Presumably you are not asking if he can take the child; he can't without court permission. This will have to be resolved, hopefully between the two of you in the shared custody plan, or, if not, by the judge.

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... Read 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 Bankruptcy, Civil Litigation and Lemon Law for Alabama on
Q: I purchased a car 5 months ago and was told that the car is now being repossessed by lein holder that I was unaware of

And also included in a bankruptcy filing but the two involved in selling the car to me or trying to get me to surrender the car to them or else I am in trouble with the law

Timothy Denison
Timothy Denison answered on Mar 15, 2020

If you have title, it is someone else’s problem.

1 Answer | Asked in Criminal Law, Collections, Lemon Law and Small Claims for Texas on
Q: can i report my car stolen?

Transmission went out, shop picked it up and towed it to their location. Tore it down and diagnosed it. The contract says it’s $599 for tow and tear down. He told us $1480 to repair it. We said okay. He then jacked the price up to $2480 saying “there was more problems”. Fast forward a year... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Mar 10, 2020

This is a civil matter. Theft requires the state to prove intent at the time the property initially changed hands.

1 Answer | Asked in Education Law and Lemon Law on
Q: Could Congress make a general school voucher program that applied to all children in distressed school districts?

Do you think after Zelman v. Simmons-Harris that Congress could make a general school voucher program that applied to all children in distressed school districts in the United States?

How would a program like this hold against Constitutional Scrutiny?

Tim Akpinar
Tim Akpinar answered on Mar 4, 2020

I have not read that decision, but you await a response for four weeks. Your question might be better suited for discussion with a constitutional law scholar familiar with the decision than for the brief format of this question and answer board. Good luck

Tim Akpinar

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