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California Lemon Law Questions & Answers
1 Answer | Asked in Consumer Law, Contracts, Products Liability and Lemon Law for California on
Q: Have been looking for a new 2021 Mazda Miata certain color certain make and there seems to be only this one that is avai

Have been looking for a new 2021 Mazda Miata certain color certain make and there seems to be only this one that is available at a Mazda certified dealership and the person that takes pictures of the car disclosed the information that this car had been in an accident and that it did not need to be... Read more »

Leon Bayer
Leon Bayer answered on Oct 22, 2021

It should be traceable IF anybody filed a DMV SR-1 report. Otherwise, I doubt there is any way to know.

I suggest you ask the dealer to provide you with a copy of the collision damage repair statement. The car was probably sent out to an independent shop. Most dealers do not do their own...
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1 Answer | Asked in Lemon Law for California on
Q: I’m reaching out to you guys trying to seek advice For buying a faulty car from a private party

For buying a faulty car from a private partyHe advertised it as it had no problems never told me that he had a problem he actually told me that it was a really good working car and he had no issues with it I drove off and the check engine light came on and it’s an expensive fix

Scott Richard Kaufman
Scott Richard Kaufman answered on Sep 4, 2021

Sorry for your issues.

Lemon law is warranty law.

This seller likely did not give you a warranty, so, no lemon law claim. Sounds like you were lied to and you think you can prove this. That would be fraud. For a fraud claim, your reliance on his lies must be...
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1 Answer | Asked in Lemon Law for California on
Q: I have a paid off ATV vehicle I sent it to a shop to get cosmetic upgrades. While at the shop it got flipped.

My off road vehicle was allegedly used off the business property to get pictures taken. The vehicle was taken out of the property without permission and an employee of the business rolled it and flipped it. The vehicle was initially taken with no prior damages.

Scott Richard Kaufman
Scott Richard Kaufman answered on Aug 5, 2021

Sounds like you have a question. I'll guess it is, what can you do here?

You can make a demand of the dealer to put you back where you would

have been had this not happened. Dealer will likely reject. You will then

likely have to sue dealer in small claims court. Good luck with it!

1 Answer | Asked in Lemon Law for California on
Q: I filed lemon law in Calif. Lemon Law Group Partners and received a message from Chrysler agreeing to buy the vehicl

back. I have not heard from them about the buy back but they want file suit for Chrysler contacting me in violation of cease and desist order and told me not to respond to Chrysler. Are they dragging it out to bill more fees and should go ahead and contact Chrysler myself?

Scott Richard Kaufman
Scott Richard Kaufman answered on Jul 30, 2021

So, who knows what they are thinking other than them?

It is not clear to me that THEY contact FCA for you or if you

contacted FCA on your own first and then FCA is responding

to your contact or to their's? That could make a difference.

As a lemon law attorney...
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1 Answer | Asked in Consumer Law, Lemon Law and Small Claims for California on
Q: Is there anything I can do about a car I purchased st a used dealership. It broke down 2 days after axle broke then brak

The car broke down a total of 4 times within 30 days I’ve had to come up with over 3000 the car was purchased cash this last time it was in the shop for something to do w transmission Nd it’s still not running right 6170 cash price no financing

Yelena Gurevich
Yelena Gurevich answered on Apr 26, 2021

if you purchased the vehicle with a warranty the dealership should be given the opportunity to fix the issues. If you purchased it as is but it was sold with issues that needed to be disclosed, you can sue them in small claims. Small claims is appropriate for anything under $10,000. Lawyers are... Read more »

1 Answer | Asked in Products Liability and Lemon Law for California on
Q: January 31st 2021 and two days later it brokedown blown head gasket

January 31st 2021 and two days later it broke down I had to get it towed at my expence and have coils replaced the dealership that I purchased it from. When i picked my car up the mechanic told me that they just replac

Maurice Mandel II
Maurice Mandel II answered on Mar 19, 2021

Consult with a local Lemon Law attorney.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Contracts, Business Formation, Civil Rights and Lemon Law for California on
Q: Need some legal assistance

I need some legal assistance so I purchased my car from , hired a guy to call me and trick me into taking my vehicle in for a smog check . So next I was left stranded and also did not give me or the dealer any notice of the vehicles personal belongings . Which by the way where removed by an... Read more »

Louis George Fazzi
Louis George Fazzi answered on Jan 16, 2021

You should contact your local police department (where the dealer was/is) and make a report that your car was stolen by these people. More than anything, though, you need a lawyer to help you. You can go to the Los Angeles County Bar Association's website (LACBA.com) and click on the... Read more »

1 Answer | Asked in Identity Theft, Lemon Law, Sexual Harassment and Trademark for California on
Q: Can you help me p

Someone been got into my phone

Timothy John Billick
Timothy John Billick answered on Oct 22, 2020

Please consult a privacy attorney to help you with this matter.

2 Answers | Asked in Civil Litigation and Lemon Law for California on
Q: In bakersfield Ca can a car dealership sale me a car i paid cash for 7000.00 and not have it smogged within the 90 days.
Maurice Mandel II
Maurice Mandel II answered on Sep 20, 2020

I started to look up all the rules relating to dealerships selling used vehicles. After 12 pages, I stopped. The Vehicle Code, Sections 11700 - 11740 cover sales by dealers. You can look it up yourself or contact another dealer to see if they will answer your question. There is one section I... Read more »

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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 »

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.

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