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Steven Michael Fahlgren

Steven Fahlgren’s Answers

251 total


  • Is it legal for a dealer to sell an used car that the airbags are inop and not disclosed in the sale?

    2003 Hyundai

    Steven’s Answer

    If the dealer knew about it, I believe it is likely not legal to fail to disclose this material fact although others may disagree.

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  • Can i sue a buy here pay here company for a car that has rolled back miles?

    the car was rolled back 70,000 miles

    Steven’s Answer

    • Selected as best answer

    It depends on the age of the vehicle. If the vehicle is beyond a certain age, the dealer may still be liable for fraud if it knowingly misrepresented the mileage. You will need a consumer protection attorney to review your potential matter.

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  • Any legal issue for a repo on a car

    Dealership owner will work with me since the guy who sold us car was fired. Turns out he screwed a bunch of people over and he's not at liberty to say how Nd they are all getting repo also

    Steven’s Answer

    There are a lot of issues relating to repossessions. Oftentimes the consumer does not know when they were done illegally. I would want to review the transaction documents, a timeline, and any communications before or after the repossession in order to give you a more definite statement.

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  • Am I entitled to alimony?

    My husband and I have been married for 6 years. Throughout the marriage he has been unfaithful. He is currently in a relationship with someone. I lost my job a couple of years ago and have to worked since. We don't have any children together. He h...

    Steven’s Answer

    There are many different types of alimony. If one becomes disabled during the marriage, the likelihood that alimony will be awarded increases. You need to consult with an attorney.

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  • Car was purchased with many problems that was not disclosed to my daughter can she do something about this.

    my daughter purchased a car from a dealer and right after she got it she found out she had to replace rotors and brakes and alternator and now a computer. they did not disclose any of this when she purchased the car and when the dealer checked th...

    Steven’s Answer

    According to the information you have provided, you have a problem with a car dealer; specifically, you may have purchased a vehicle without proper disclosure or in a situation where the prior use, condition, history or type of vehicle was misrepresented. Fortunately, I have a lot of experience defending and suing car dealers. Prior to forming my own practice in 2002, I represented several car dealers. Since forming my own practice, I represent consumers and no longer represent any car dealers. I have sued several car dealerships for selling a used vehicle without proper disclosure. You have provided some basic information about your problem, but it would be helpful to review the contract documents.

    It sounds like you may have a claim for breach of contract, fraud and unfair and deceptive trade practices. Just because something is sold "as is" does not give the seller a license to lie about the prior use, condition or history of the vehicle. There are certain disclosure laws that apply to car dealers selling cars to consumers versus a dealer selling someone a vehicle for commercial use.

    It would also be useful to read a detailed time line in chronological order reflecting the dates and the specific details of what happened. I really need to know what representations were made, when they were made, who was present, the details and date/time of all communications with the car dealer, any finance company or any repair shop relating to your potential matter. It is very important that you also provide a chronological copy of the relevant documents including but not limited to any advertisements that may pertain to your vehicle, any documents you obtained from the dealership, finance company or repair shop.

    Ordinarily, you should not get the vehicle repaired or dispose of the vehicle unless and until it has been inspected by your expert and the other side has been given a significant opportunity to inspect the car as well. Otherwise, you may be subject to a defense that you spoiled the evidence.

    Again, based on the information you presented, you may have a case under Florida Unfair and Deceptive Trade Practices Act or another cause of action. Effective July 1, 2013, a law requires specific demand letters to car dealerships or you will lose valuable rights. It is usually advisable to retain an attorney before pursuing litigation. I wish you the best in the future.

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  • Can a recently purchased vehicle be returned?

    My parents bought a vehicle less than 30 days ago. When I discussed the terms with them, we realized that they had been placed in a really bad deal. They want to return the car & buy something affordable. The dealership is saying they can't. They ...

    Steven’s Answer

    Many consumers ask if there is an automatic right to cancel a contract to purchase a car within three days. The general answer is there is no three day right to cancel the transaction but, as always, there are exceptions. I'll give you some general guidelines. Consumers can rescind a contract if it was induced by fraud and the parties can be returned to the status quo. Consumers can revoke acceptance of a car if he or she received non-conforming goods, e.g., the consumer buys a 6 cylinder and later learns it is a 4 cylinder. Consumers would need to revoke acceptance in a reasonable time. Consumers can rescind a transaction if the sale involves a retail installment sale contract and the buyer has not taken delivery of the vehicle. Consumers can sometimes cancel a contract as part of a remedy if there is a breach of warranty and suit is brought under the Magnuson-Moss Warranty Act. Consumers can cancel some deals if they have not received a copy of the retail installment sale contract and have not taken delivery of the vehicle. Section 520.07(c) of the Florida Statutes provides that "[u]ntil the seller has delivered or mailed to the buyer a copy of the retail installment contract, a buyer who has not received delivery of the motor vehicle shall have the right to rescind the agreement and to receive a refund of all payments made and return of all goods traded in to the seller on account of or in contemplation of the contract or, if such goods cannot be returned, the value thereof." Consumers probably can void a usurious contract under some circumstances or one that calls for finance charges in excess of Section 520.08, but that is rare. The age issue (i.e., the buyer being a minor) or some other lack of capacity oftentimes makes a contract void or voidable. There are certain protections for home solicitation sales. A consumer who entered into a contract to purchase goods or services worth more than $25 is usually allowed to cancel the contract up until midnight of the third business day after the contract was signed if the act of signing took place at any place other than the seller's business location. For home improvements, a contract to repair, make a replacement to, remodel, alter, convert, modernize, improve, or add to any land or building used as a single-family dwelling or residence in which financing is involved, may be cancelled by certified or registered mail up until midnight of the third business day after the contract was signed. Of course, consumers should always review their specific facts with an attorney to ensure that an exception to the above statements does not apply. For some car buying tips, check out articles on my website: http://fortheconsumer.com/articles.htm If this answer is helpful, please mark it as so.

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  • Can someone return a car that is sold as is?

    I placed an add on a website selling a 1998 car for $600, I listed the title as salvage, I receive a call from a woman saying that she is interested in buying the car I told her the car needs a lot of work done on it, also it needs a new battery a...

    Steven’s Answer

    Disclaimers of warranties are supposed to be conspicuous and in writing. Nevertheless, under the circumstances, there appears to be little doubt that it was being sold so cheaply because it had serious problems and you were selling it as is. If you are sued, you still need a good lawyer. Abraham Lincoln is thought to have said a person who represents himself has a fool for an attorney. I wish you the best.

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  • I sold car to dealer.. Dealer sold car to a person.. I wrote a warranty for dealer, can the person dealer sold car to .. Sue me?

    I had someone look at a car i was selling, they test drove it.. Liked it, but couldnt afford it.. They went thru a dealer to have dealer buy me the car.. Dealer financed them the car.. I wrote a personal warranty to what i thought was the dealer, ...

    Steven’s Answer

    It is a grey area. There are instances where I would bring suit for fraud up the chain if someone sold a vehicle to a consumer without disclosing conditions materially affecting the value of the car that the seller knew of but were not readily apparent to the buyer up the chain. An interesting case from another state on this point is Swift & Co. v. Wells, 201 Va. 213, 110 S.E.2d 203 (1959). It sounds like you need an attorney. I wish you the best in the future.

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  • Remove settled charge off from credit report

    7 years from the date the account was charged off, or from the date the charge off was "settled as paid for less than originally owed," or from the date the account became past due immediately prior to charge off??

    Steven’s Answer

    I believe it is from the date of charge off. The date of delinquency commences no later than 180 days from the beginning of the delinquency rather than on the date of any subsequent action. The "FCRA Compliance Date / Date of First Delinquency“ is Field 25 of the METRO2 format (an industry standard - http://www.cdiaonline.org/Metro2/content.cfm?ItemNumber=854) and was created to comply with 15 USC section 1681c (obsolescence period). I believe on page 10-4, it instructs collection agencies in bold "Notes: The FCRA compliance/Date of First Delinquency does not change due to subsequent repayment agreements" states all the requirements for collection agency reporting in one sentence. I hope that answers your question.

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  • I bought car about 1 year ago and went to trade it and the car fax said it has unibody damage and the dealer never mentioned it

    In a recent trade in value showed unibody damage so the value of the car is like 5,000 dollars less than what I owe on it the dealer I was trying to trade the car in too told me that if it didn't have that issue they could of giving me 12,000 doll...

    Steven’s Answer

    You may have a fraud claim or a warranty claim or both. According to the information you have provided, you have a problem with a car dealer; specifically, you may have purchased a used lemon vehicle without proper disclosure. Fortunately, I have a lot of experience defending and suing car dealers. Prior to forming my own practice in 2002, I represented several car dealers. Since forming my own practice, I represent consumers and no longer represent any car dealers. I have sued several car dealerships for selling a used vehicle without proper disclosure.

    You have provided some basic information about your problem, but it would be helpful to review the contract documents. It would also be helpful to know if the vehicle is unmerchantable, i.e., whether it would pass without objection in the trade under the contract description. In other words, how serious was the damage and the repairs. Each of these answers will help determine how "material" the misrepresentation the dealer made as to the prior condition, use or history. We usually need to have an expert prepared to testify if the case is litigated. This can be costly so we need to know beforehand just what damages were involved and the extent the repairs were performed adequately or not.

    It sounds like you may have a claim for breach of contract, fraud and unfair and deceptive trade practices. Just because something is sold "as is" does not give the seller a license to lie about the prior use, condition or history of the vehicle. There are certain disclosure laws that apply to car dealers selling cars to consumers versus a dealer selling someone a vehicle for commercial use.

    It would also be useful to read a detailed time line in chronological order reflecting the dates and the specific details of what happened. I really need to know what representations were made, when they were made, who was present, the details and date/time of all communications with the car dealer, any finance company or any repair shop relating to your potential matter. It is very important that you also provide a chronological copy of the relevant documents including but not limited to any advertisements that may pertain to your vehicle, any documents you obtained from the dealership, finance company or repair shop.

    Ordinarily, you should not get the car repaired unless and until it has been inspected by your expert and the other side has been given a significant opportunity to inspect the car as well. Otherwise, you may be subject to a defense that you spoiled the evidence.

    Based on the information you presented, you may have a case under Florida Unfair and Deceptive Trade Practices Act or another cause of action. Effective July 1, 2013, a law requires specific demand letters to car dealerships or you will lose valuable rights. It is usually advisable to retain an attorney before pursuing litigation. I wish you the best in the future.

    See question