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Lemon Law Questions & Answers

1 Answer | Asked in Lemon Law for California on

Q: What are options in California when purchased a vehicle at a dealership and was not informed the car had salvaged title

What options do I have in California when I purchased a vehicle at a dealership and I was not informed the car had salvaged title? It was not disclosed to me prior to the sale, nor was it displayed on the vehicle anywhere? I had no idea until I tried to get insurance on it.

Scott Richard Kaufman answered on Jun 13, 2019

You're going to have to act from this moment forward, as if you are in a lawsuit. You will need to marshal all of your evidence. You will need to only communicate in WRITING going forward. You will need to figure out how to PROVE you were not told as they will say you were. Here is a solid... Read more »

1 Answer | Asked in Business Law, Consumer Law and Lemon Law for Nebraska on

Q: I reside in Nebraska. I bought a car from a buy here pay herr as is no warranty. However, I don't want the car anymore.

I called and ask to speak to finance and the guy that sold me the car said he is finance. I understand that most have in house finance but is it legal to have a different business name associated with the same address as the dealership? They literally claim they are calling the finance company... Read more »

Julie Fowler answered on Jun 10, 2019

It is possible for a parent company to own both a car dealership and a financing company.

Unless the contract has a return policy, you can't generally return a used car after purchasing due to changing mind. If you can reach an agreement with the seller to allow the return, great. In...
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1 Answer | Asked in Contracts, Intellectual Property, Lemon Law and Trademark for South Carolina on

Q: I traded our motercycle for a jeep about 3 weeks ago. Before doing so the owners of the jeep told us it had no issues.

We are now having to tow the jeep. It has many issues that we were not informed about before the trade. We have messages where the owner told us the jeep had no issues. The car clearly had issues as they started a mile from their house, where we signed titles over. Is their anything we can do?

Bruce Alexander Minnick answered on May 28, 2019

Probably not, because neither the Jeep nor the motorcycle are worth enough money to make it worthwhile for you to hire a litigation lawyer and fight the seller. Unless you want to try in a small claims court.

1 Answer | Asked in Contracts, Lemon Law and Products Liability for Hawaii on

Q: I bought a car from a seller (LLC) and same day found defects he did not disclose, that I believe were known.

The seller and I both signed a bill of sale that stated the seller will disclose any known issues that would affect the condition or drive-ability of the vehicle. He did show an external fan switch but claimed it was due to "common fan problems in jeeps". The seller claimed "no overheating issues"... Read more »

Bruce Alexander Minnick answered on May 28, 2019

You certainly have enough reason to want to sue the seller; However, since it sounds like the car you purchased was made for off-road operation, I am certain that the seller will dispute everything you said and will blame the breakdown on your "driving (the Jeep) at freeway speeds for an extended... Read more »

2 Answers | Asked in Car Accidents, Consumer Law, Contracts and Lemon Law for California on

Q: Is it possible to return a used car and get refunded for intermittent everyday starting the engine problems?

I bought a used car from VW Ventura

And the car is broken from day 1

I'm have intermittent problems when i try to start the engine won't work

I returned the car to the dealer the next day and they refused to take in for the car not showing an engine check sign

The... Read more »

Manuel Alzamora Juarez answered on May 27, 2019

The used car dealers have to obey the law. Hire the “Lemon Lawyer” And let him handle your case. Best of luck.

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1 Answer | Asked in Consumer Law and Lemon Law for California on

Q: I purchased a vehicle from a used car dealer and was reposed illegally and was not given the opp. to reinstate

they gave me one explanation in writing and another verbally and they charged me a fee to give me back my property and kept given me the run around wat can I do?

Scott Richard Kaufman answered on May 22, 2019

You have rights. I'd STRONGLY recommend you get in touch with the DMV Investigations unit to see what they have to say. My guess is that they can help, fast.

1 Answer | Asked in Consumer Law, Lemon Law and Small Claims for California on

Q: Can I sue this auto auction.

I purchased this car for $1500. The registration was pass due and it was almost $400. The engine light came on the time I went to drive it from my home. Ford says I need a whole engine. A important sensor is missing. That is not a overnight problem. I feel as though they sold me lemon.

Scott Richard Kaufman answered on May 13, 2019

Sounds like you are correct. Here is a YouTube channel with some thoughts for you:

https://www.youtube.com/channel/UCtIgcjv_Xem4MuFQsWJa4LA

Good luck with it.

1 Answer | Asked in Civil Litigation, Consumer Law and Lemon Law for Kentucky on

Q: I need to talk to someone about false advertising laws

Bought a car on the 25th for 1800, ad said mechanically sound, perfect condition safe and dependable. The 27th had to replace battery, car was running on alternator, 30th took car to friend and there was a broken spring, bad struts, had to replace those. Ad said perfect ac and heat, on the 30th the... Read more »

Timothy Denison answered on May 2, 2019

Consult a local attorney about a fraud claim against the seller.

1 Answer | Asked in Lemon Law for Tennessee on

Q: Can I take someone to court for fraudulent information on selling a vehicle and no title at time of sale?

If I bought a vehicle "as is" but immediately have starting problems (3rd day)followed by being towed and now been confirmed my engine needs replacement after just a few weeks. Now I have no vehicle and seller wont do nothing about the situation. Also since time of sale I'm still waiting for a... Read more »

Anthony M. Avery answered on Apr 23, 2019

A Tennessee Court has no Jurisdiction. Hire a Kentucky attorney to get a violation against his Dealer's License for failing to transfer Title filed with the State. Or possibly get a Warrant issued for the Statute related to the same. The Mechanical stuff is solely a civil issue with probably no... Read more »

1 Answer | Asked in Arbitration / Mediation Law, Contracts, Consumer Law and Lemon Law for New York on

Q: Dell sold me a 5k defective laptop and downgraded its hardware, can I get around their mandatory arbitration agreement?

Dell knows they sold me a 5k lemon that never worked because both graphics cards were never recognized, and it was missing a blu ray burner that I paid for and I have the documentation, e-mails, phone calls and tracking numbers to prove it. Dell know that instead of repairing my computer in June... Read more »

Bruce Alexander Minnick answered on Apr 15, 2019

IMPO, the arbitration clause in the contract is valid regardless of how bad the laptop was when Dell sold it to you--or how many terrible things Dell has done since--or how much proof you have against Dell.

3 Answers | Asked in Consumer Law, Lemon Law, Products Liability and Small Claims for California on

Q: What options would I have if a defective TV stand broke my TV and other expensive electronics?

What options would I have if I purchased a TV stand (online, but live in California [if it makes a difference]), assembled it exactly according to the manual, and without any external force/stimulus (earthquake, draft, etc.), the TV stand broke (wooden legs collapsed/broke, or glass tabletop... Read more »

William John Light answered on Mar 25, 2019

To be honest, it seems pretty unlikely that every single piece of electronics was damaged so severely that they are all inoperable. Moreover, your stated value of the router is about $40 too high. Similar exaggerations for the value of the other equipment will be devastating to your credibility.... Read more »

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1 Answer | Asked in Identity Theft and Lemon Law for Utah on

Q: Why are law schools still admitting law students when the legal market is over-saturated?

Wesley Winsor answered on Mar 4, 2019

You question smacks of cynicism, but I'll play along. The simple answer goes back to economics. They are offering a product, a J.D., for a certain price and there are willing buyers at that price (students matriculating).

That being said, I don't know a single attorney who has been...
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1 Answer | Asked in Consumer Law and Lemon Law for Washington on

Q: I recently bought a used car from a dealership. Within 3 days it had electrical problems and turned off while driving

I was able to start it up just enough to pull into the dealership since I was close by. They said they fixed it after one day. A week later the same issue happened again, three more times it did not turn on. The last time nothing on it came on at all. I called the dealership and they've now had... Read more »

Greg Freeze answered on Mar 1, 2019

The Washington statute covering the "lemon law" is RCW 19.118 et. seq. The "et. seq." means "and what follows." Basically, you can start reading at RCW 119.118.005 about the "intent" of the legislation put into law, and when the 19.118 series of statutes ends.

A big case for lemon law...
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2 Answers | Asked in Consumer Law and Lemon Law for Michigan on

Q: Can a used car lot deny a potential buyer the right to have a vehicle inspected by an independent party?

Interested in a particular vehicle at a used car lot but was told I will not be allowed to take the vehicle to another mechanic's location to have the mechanic inspect the vehicle. I need to know if this is legal in Michigan or not.

Trent Harris answered on Feb 28, 2019

It may not be illegal, but it should be a red flag to any buyer. Take your business elsewhere.

As always, you get what you pay for. Be sure to talk to a qualified attorney about your specific situation before choosing to rely on any information you get from internet discussion boards, such...
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1 Answer | Asked in Consumer Law, Lemon Law and Small Claims for New York on

Q: I was recently given an auto loan for more than what was discussed and agreed.

The agreement was that "as long as I payoff the car loan within the first few months of the financed loan, the payoff price would be $7000" but if the loan wasn't paid within that time period the loan would be $11,500 (as it is right now). I signed the agreement after being told this. I recently... Read more »

Michael David Siegel answered on Feb 16, 2019

Not against the bank, but maybe against the dealer depending on the evidence you have on the tape.

2 Answers | Asked in Lemon Law for California on

Q: California resident with a new vehicle that has been to the shop 6 times for electrical issues. Is it covered lemon law?

The vehicle has been to the dealer 6 times for various electrical issues including front passenger seat after the 6 time still is not fixed. Should I get an attorney or deal with the manufacturer directly? Im afraid I could lose and be responsible for the attorneys fees even though an attorney... Read more »

Barak J Berlin answered on Feb 14, 2019

It never hurts to talk to an attorney in these cases. Most (including our office) offer free consultations. If you do decide to deal directly with the manufacturer, remember, you are entitled to everything you have paid or is payable on the vehicle. If they offer anything less, talk to an... Read more »

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1 Answer | Asked in Lemon Law for California on

Q: What is the formula use for milage usage

Are late fee from the leander not included in buy backs

Scott Richard Kaufman answered on Feb 12, 2019

That is not part of the "amounts paid or payable" for the car, but, it is a penalty that the manufacturer feels it is not on the hook for since it was not late, you were. The issue has never been litigated to a published judicial opinion in CA so it is unclear if manufacturers are correct.

1 Answer | Asked in Lemon Law for California on

Q: How is milage usages computation. Is it amount of car * (miles on car at first repair - miles on car when I bought it /

Are late fee not counted on buy backs

Barak J Berlin answered on Feb 12, 2019

You are close. It is the amount of miles you have driven before you bring in your car for the first repair, divided by 120,000 (the statutory life of a car). As the manufacturer has to pay attorney fees and costs if they lose, I highly recommend you hire an attorney. Feel free to check out our... Read more »

2 Answers | Asked in Consumer Law and Lemon Law for California on

Q: What is a reasonable percentage to give the lawyer?

We have a lawyer that will take on our lemon law case for our car. The contract states a percentage they will take in the event of a civil case and civil penalties, and states this percentage is negotiable. What is a reasonable percentage to give the lawyer?

William John Light answered on Feb 2, 2019

1/3 to 2/5 is normal, although that can change depending on the case and whether attorney fees are recoverable. If you interview other lemon law attorneys, you will find out what is common for that area of law.

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1 Answer | Asked in Consumer Law, Lemon Law and Small Claims for Kentucky on

Q: I unknowingly purchased a vehicle that was in a flood. Can I legally do anything about it?

Kinda long story,I’ll try 2 shorten it best I can.

(2 vehicles )I purchased a used vehicle from a small town dealer and he told me that all the car needed was a wheel alignment and it would be fixed(on Sat.) the following Mon. I took the car to 2 different certified alignment places and... Read more »

Timothy Denison answered on Jan 29, 2019

You need to hire s lawyer and sue him for fraud. That’s a double scam.

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