Skip to main content
Lewis A. Bartell

Lewis Bartell’s Answers

2 total

  • No return policy posted on website.... then hit with a 30% restocking fee.

    I purchased an incorrect fuser assembly from an online vendor located in Twinsburg Ohio. When I went to return it I found that there was absolutely no return policy posted on the site. I emailed the company and got no reply until I said I was goin...

    Lewis’s Answer

    I would suggest you immediately contact your credit card company and put the charge into dispute. You will mostly likely have to submit your dispute to the credit card company in writing. In your submission make sure it is as detailed as possible including the fact that there is nothing on the website indicating a restocking fee of 30%. While restocking fees are common, any charges should be clearly set forth prior to purchase. Truthfully this may be the least expensive way to resolve this issue.
    Lewis A. Bartell, Esq.
    Kaplan Belsky Ross, L.L.P.
    666 Old Country Road
    Suite 602
    Garden City, NY 11530
    (516) 745-1100 ext. 227
    (516) 745-6912 Fax
    lbartell@kaplanbelsky.com
    www.kaplanbelsky.com

    See question 
  • Odometer Rollback not disclosed by the dealer- can I sue the dealer

    I have purchased my car 3 years ago ( 2001 Honda) - I liked the car so I gave the deposit right away. Within few days the transaction was closed. Later on I registered to carfax and got the report on the car- there was something mentioned about t...

    Lewis’s Answer

    Mona-
    Your success in bringing a case against the car dealer will depend on whether you can prove he knew about the odometer rollback and accident at the time he sold you the car and failed to disclose that information. That failure to disclose could be considered fraud. You mention that you ordered a carfax report and saw some reference to the rollback but did not pursuer that further. You don’t mention when you ordered that report and when you became aware of the possible fraud. It is possible that depending on what information was contained in the carfax report you may have been put on notice of the fraud by the car dealer and the time to start a lawsuit would have begun at the time. I would suggest you contact a lawyer near where you live and discuss this further. You should bring the carfax report as well as all the paperwork from your original purchase with you to review with the lawyer.
    Lewis A. Bartell, Esq.
    Kaplan Belsky Ross, L.L.P.
    666 Old Country Road
    Suite 602
    Garden City, NY 11530
    (516) 745-1100 ext. 227
    (516) 745-6912 Fax
    lbartell@kaplanbelsky.com
    www.kaplanbelsky.com

    See question