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California Lemon Law Questions & Answers
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 »

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 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?

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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2 Answers | Asked in Contracts, Lemon Law and Small Claims for California on
Q: breeder rights in CA? buyer refuses to pay for Puppy. what rights do i have in CA as a breeder to get payment?

Buyer came and purchased a puppy from me with a check. after a Day he informed me that the puppy was ill with kennel cough and stopped payment on the check. the buyer has not provided any information from a vet showing that the puppy is ill and refuses to bring the puppy back for a refund or to... Read more »

Shawn R. Jackson Esq.
Shawn R. Jackson Esq. answered on Feb 4, 2020

On the assumption that the puppy is valued at less than $10,000 … first, schedule an initial free consultation with an attorney by video call or telephone call … then, you will want to file a small claims court action as soon as possible.

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1 Answer | Asked in Consumer Law, Products Liability and Lemon Law for California on
Q: Can I hold a transmission shop accountable for poor job?

Recently bought a car for 3500. The previous owner had the transmission rebuilt (this was disclosed to me) for 3500 and the warranty for it was 30 days which the shop told me would transfer after sale. I purchased the car and before I even got home the same problem happened. The shop worked on it... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on Dec 12, 2019

IF they tried and failed to fix under warranty, you have a warranty law claim. Warranty law is lemon law. So, you have a lemon law claim. Contact a lemon law attorney for more insight.

2 Answers | Asked in Lemon Law for California on
Q: How does the current GM strike impact the law as far as amount of Tim my vehicle is in the shop?
Barak J Berlin
Barak J Berlin answered on Oct 22, 2019

It doesn't. GM is still required to fix your vehicle under warranty with a reasonable number of repair attempts (typically four times, but it is not set by law) or a reasonable amount of time (30 days, but again, there is no absolute, it can be more or less).

Feel free to email...
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1 Answer | Asked in Consumer Law and Lemon Law for California on
Q: I purchased a car from Kia in 2017 and I'm having engine problems they have had my car for a month now what can I do
Barak J Berlin
Barak J Berlin answered on Oct 21, 2019

You may have a case against Kia under the Song-Beverly Consumer Warranty Act, commonly known as the California Lemon Law. If you do have a lemon, you are entitled to receive all sums you have paid or owe on your car, minus a mileage offset.

Feel free to call or email...
Read more »

1 Answer | Asked in Consumer Law, Civil Litigation, Lemon Law and Small Claims for California on
Q: Who is responsible for late/penalty fees from dmv at the time of sale? Or after the sale?

At the dmv i found out there was a $900 balance owed for penalty fees due to not being registered for 2 years. The seller says it's my truck now and i bought it "as is"

Do i have to pay the $900 to get the truck in my name? Oh and there is an illegal 2019 sticker on the plate...

William John Light
William John Light answered on Aug 18, 2019

"Penalties may be waived upon payment of the registration fees due when a transferee (including a dealer) applies for transfer and it is determined that the registration penalties accrued prior to the transferee’s date of purchase and the transferee was not aware that the registration fees... Read more »

1 Answer | Asked in Lemon Law for California on
Q: Do I have to pay the loan balance of a car that was said to be a lemon , given to my ex in divorce and she repoed?
Scott Richard Kaufman
Scott Richard Kaufman answered on Aug 14, 2019

You will need to read your settlement agreement and/or ask your attorney.

It will almost certainly spell out your rights.

2 Answers | Asked in Consumer Law and Lemon Law for California on
Q: How do I get Apple to honor their warranty on a $4K 2018 MacBook Pro with extreme heating and component failure issues?

I've had the unit for five months. Reported the problem the first week. I was cut by screen shards from an exploding screen. Apple said they will repair the defective components but not the screen, citing "Accidental Damage" which it's not. The screen failure in the lower... Read more »

William John Light
William John Light answered on Jul 28, 2019

Sounds like Small Claims for breach of contract and breach warranty of fitness and breach of warranty of merchantability.

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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
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 »

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... Read more »

Manuel Alzamora Juarez
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
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
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.

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