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Elizabeth Ahern Wells

Elizabeth Wells’s Answers

257 total


  • Do I have to finish paying for a car that broke down within 6 months.

    I bought a car off of a friend for $3000. I paid $1000 down with a check. My friend signed the title over to me and said I paid $1000 at the DMV. I signed a paper saying I would pay $200 monthly. I have paid $800. The vehicle had many issues immed...

    Elizabeth’s Answer

    Although your friend may have a claim against you for breach of contract, you may also have a claim against him for fraud. If you can prove that the structural defects in this vehicle are substantial, the defects were there when you purchased it, the seller knew about the defect but misrepresented the condition of the vehicle to you or kept it a secret from you, and the lie or secret cost you money, then you may have a fraud claim. Due to the cost of the vehicle, this is probably something that you could handle on your own through small claims court. You will want to make sure that you have the written findings or estimate from your mechanic, and you may also want to talk to a local Consumer Law attorney for some advice on how to handle the case. But first, you may want to try to work this out with your friend. Maybe you can reach an agreement to reduce the cost of the vehicle to the amount you have already paid, since it is not driveable and never will be. But whatever you decide to do, act quickly because for every legal right you have, there is a limited amount of time to file a lawsuit in court before your rights expire.

    Good luck,

    Beth Wells

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  • I bought a car a month ago from a dealer it broke down and he refuses to help me out in any way. Can He do that ?

    So when my car broke down last week he did say he would town it with no charge and have his machanics look at it to find the problem. Never should up, had my father call the next day he got mad and said he's not helping me now because he only want...

    Elizabeth’s Answer

    Did you purchase the vehicle with any sort of warranty? Even if you bought the vehicle “as-is”, this does not mean that you are necessarily totally out of luck. If the defects in the vehicle that caused it to break down were there when you purchased the vehicle, they are substantial, and the dealer knew about the defects but lied to you about them, or hid them from you, and the lie or concealment cost you money, then you may have a fraud claim. You may also have a claim under your state UDAP (Consumer Law) Statute. However, laws vary from state to state, so you should contact a consumer law attorney in Florida to review your case and look over your paperwork. Your paperwork may even reveal additional violations you do not even know about and that may help you get out of the vehicle after all. Most consumer law attorneys will review your case for free, or for a small fee. To find a consumer law attorney in Florida, you can go to www.USLemonLawyers.com for a free list of consumer law attorneys nationwide. Lawyers don’t pay to be on this list, and most of them are members of the only national association for Consumer Law lawyers, NACA. But act quickly because for every legal right you have, there is a limited amount of time to file a lawsuit in court before your rights expire.

    Good luck,

    Beth Wells

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  • Can I do something about my used car I bought?

    I bought a used car from a used car lot in my town and test drive it and sounded ok. The next night my dad noticed a puddle where I parked. It has a coolant leak. I called the dealership and he said he could fix it but not for free. It had no warr...

    Elizabeth’s Answer

    It is always advisable to have a used vehicle inspected before you purchase it. However, just because you bought the vehicle “as-is” does not mean that you are necessarily out of luck. If the defects in the vehicle that caused the coolant leak end up being substantial, the defects were there when you purchased it, the dealer knew about it but misrepresented the condition of the vehicle to you or kept it a secret, and the lie or secret cost you money, then you may have a fraud claim. You may also have a claim under the Ohio Consumer Sales Practices Act as the result of any misrepresentations, concealments, or if your mechanic determines that the defect should have been obvious to the selling dealer. Your paperwork may even reveal additional violations you do not even know about. Once your mechanic inspects the vehicle and drafts up an estimate for you, you should contact a consumer law attorney in Ohio to see what rights you have. If the cost to repair is minor, then you may end up in small claims Court. However, if it is major, or you have additional paper violations, it may be something that is better for an attorney to handle. Either way, most consumer law attorneys will review your case for free, or for a small fee. To find a consumer law attorney in your state, you can go to www.USLemonLawyers.com for a free list of consumer law attorneys. Lawyers don’t pay to be on this list, and most of them are members of the only national association for Consumer Law lawyers, NACA. But act quickly because for every legal right you have, there is a limited amount of time to file a lawsuit in court before your rights expire.

    Good luck,

    Beth Wells

    See question 
  • Do I need an attorney?

    We sold a used car to just someone we heard say they wanted one. The day they got the car, they test drove it and we transferred the title to them, later that day, they said the key got stuck in the ignition then the key wouldn't turn at all. They...

    Elizabeth’s Answer

    Anyone can file a lawsuit, but the real question is whether the buyer has valid claims against you. Assuming that you did not sell more than 5 motor vehicles in the last year, and you sold the vehicle 100% as is, then the only real remedy I see for the buyer in Ohio would be a fraud claim. In order for the buyer to prevail on a fraud claim in Ohio, the buyer would have to prove that the ignition lock cylinder is a substantial defect, that the defect was there when you sold the vehicle to him, that you knew or should have known about the defect but misrepresented the condition of the vehicle to him or kept it a secret, and the lie or secret cost him money. If you didn't know about the ignition lock cylinder defect, and it was reasonable for you not to have known, it sounds to me like he would have a tough time proving the elements of fraud. The Lemon Law in Ohio only applies to vehicles that are brand new and serviced within the first year and 18,000 miles. Moreover, a Lemon Law claim in Ohio would be asserted against a motor vehicle manufacturer, not an individual seller like yourself. Hopefully you and the buyer can come to an agreement get this matter resolved.

    Best of luck,

    Beth Wells

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  • Selling a car as is, are we okay?

    We sold a car for $1,200 on Craigslist, the person experienced problems after they got home with the ignition lock cylinder. They are threatening to take us to court over a problem we never had with it. He said he will take us for the lemon law an...

    Elizabeth’s Answer

    Anyone can file a lawsuit, but the real question is whether the buyer has valid claims against you. Assuming that you did not sell more than 5 motor vehicles in the last year, and you sold the vehicle 100% as is, then the only real remedy I see for the buyer in Ohio would be a fraud claim. In order for the buyer to prevail on a fraud claim in Ohio, the buyer would have to prove that the ignition lock cylinder is a substantial defect, that the defect was there when you sold the vehicle to him, that you knew or should have known about the defect but misrepresented the condition of the vehicle to him or kept it a secret, and the lie or secret cost him money. If you didn't know about the ignition lock cylinder defect, and it was reasonable for you not to have known, it sounds to me like he would have a tough time proving the elements of fraud. The Lemon Law in Ohio only applies to vehicles that are brand new and serviced within the first year and 18,000 miles. Moreover, a Lemon Law claim in Ohio would be asserted against a motor vehicle manufacturer, not an individual seller like yourself. Hopefully you and the buyer can come to an agreement get this matter resolved.

    Best of luck,

    Beth Wells

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  • I bought a car couple weeks ago and its messing up and now the dealer does not wana be around. Did he basically sale me a lemon

    I think I have bought a lemon car

    Elizabeth’s Answer

    Depending on the age and mileage of your car, and whether you have a warranty, you may have claims under the New York Lemon Law or the Magnuson Moss Warranty Act. Or, even if the vehicle did not come with a warranty you still may have a claim under your state UDAP (consumer law) statute. But there is a lot more information that is needed in order to be able to answer your question. Additionally, laws vary from state to state, so to find out for certain what your rights are in New York, you should contact a Consumer Law attorney in New York right away to review your case and look over your paperwork. Most consumer law attorneys will review your case for free, so you really don't have anything to lose. To find a consumer law attorney in your state, you can go to www.USLemonLawyers.com for a free list of consumer law attorneys. Lawyers don’t pay to be on this list, and most of them are members of the only national association for Consumer Law lawyers, NACA. But act quickly because for every legal right you have, there is a limited amount of time to file a lawsuit in court before your rights expire.

    Best of luck,

    Beth Wells

    See question 
  • Good morning how can i get help for an issue with a car dealer. need my refund thank you

    me and my husband decide to buy a car in Dec 2014. we found 1 on craiglist.com and met the car dealer at his office on Sunday the 30th and get the car for 3800.but that day we gave him 3600 cash and sign a check 200$ to cash on the next Thursday'...

    Elizabeth’s Answer

    There is a lot more information needed to answer your question. Moreover, laws vary from state to state, so you should contact a Consumer Law attorney in Georgia right away to review your case and look over your paperwork. Most consumer law attorneys will review your case for free. To find a consumer law attorney in your state, you can go to www.USLemonLawyers.com for a free list of consumer law attorneys. Lawyers don’t pay to be on this list, and most of them are members of the only national association for Consumer Law lawyers, NACA. But act quickly because for every legal right you have, there is a limited amount of time to file a lawsuit in court before your rights expire.

    Best of luck,

    Beth Wells

    www.carsalesfraud.com
    www.burdgelaw.com
    www.ohiolemonlaw.com
    www.kentuckylemonlaw.com

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  • I think I bought a lemon! What do I have to do to get my money back or how do I get another vehicle?

    My husband and I bought a vehicle from a used car dealer. We had to take it back within an hour of buying it. Because it wouldn't shift going up hills. The dealer told us to bring it back the next day. We did and left it for 3 days. They said that...

    Elizabeth’s Answer

    If the unrepaired problems were presented to the dealer for repair within the first 30 days and 1,000 miles but are still unrepaired, then generally the dealer is still required to make the repairs even if it hasn’t done so successfully within the warranty period. But laws vary from state to state, so you should contact a Consumer Law attorney in West Virginia right away to review your case and look over your paperwork. Most consumer law attorneys will review your case for free. To find a consumer law attorney in your state, you can go to www.USLemonLawyers.com for a free list of consumer law attorneys by state. You can also look for one on Avvo under the “Find a Lawyer” tab. Or you can call your local attorney's Bar Association and ask for a referral to a lemon law attorney near you. But act quickly because for every legal right you have, there is a limited amount of time to file a lawsuit in court before your rights expire.

    Best of luck,

    Beth Wells

    www.carsalesfraud.com
    www.burdgelaw.com
    www.ohiolemonlaw.com
    www.kentuckylemonlaw.com

    See question 
  • Purchased used car from jd byrider. Only to find out its a lemon. Can I exchange or get refund? 2007 chevy cobalt with 79,000 mi

    the cars engine light keeps coming on. Tried to call and email, they responded to email trying to sell me a car. I found out it has 2 open safety recalls. They sd they cant fix it. Now, the car died on me last night, will not start. I dont know wh...

    Elizabeth’s Answer

    The Massachusetts Lemon Law only applies to new vehicles. However, did the vehicle come with a Byrider warranty? In Ohio Byrider normally sells their vehicles with some sort of warranty, but I am not familiar with any Massachusetts Byrider dealerships. If the vehicle came with a warranty, and the defects are covered under the warranty, then Byrider is required to make repairs under their warranty, and you are generally required to give Byrider a reasonable opportunity to do so. If Byrider is refusing to repair the vehicle even though the warranty says they should, or has failed to repair the problems in a reasonable number of tried, you may have a breach of warranty under state and federal law. This may also result in a violation of your state UDAP (consumer law) statute. However, laws vary from state to state, so you need to get in touch with a consumer law attorney in Massachusetts to review your case and look over your paperwork. Most consumer law attorneys will review your case for free. To find a consumer law attorney in your state, you can go to www.USLemonLawyers.com for a free list of consumer law attorneys by state. You can also look for one on Avvo under the “Find a Lawyer” tab. Or you can call your local attorney's Bar Association and ask for a referral to a consumer law attorney near you. But act quickly because for every legal right you have, there is a limited amount of time to file a lawsuit in court before your rights expire.

    Good luck,

    Beth Wells
    www.CarSalesFraud.com
    www.BurdgeLaw.com
    www.OhioLemonLaw.com
    www.KentuckyLemonLaw.com

    Did a business treat you unfairly? See what your Consumer Law rights are to protect yourself: http://tinyurl.com/9aqykfo

    Click here to see what your state law says is unfair and deceptive and what your legal rights are: http://tinyurl.com/8pnvdot

    What is fraud? Click here for a “plain english” explanation: http://www.ohiolemonlaw.com/buyer-beware/ohio-fraud-are-you-victim/

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  • Can I get my down payment back from a buy here pay here?

    the owner of the buy here pay here had recommended me to finance on a specific car, he had said that the engine and everything under the hood was brand new and that it will last me for a long time, so I decided to finance on that car because I tru...

    Elizabeth’s Answer

    For the purposes of this answer, I am going to assume that you purchased the vehicle “as-is”. Of course, it is always advisable to have a used vehicle inspected before you purchase it. However, just because you bought the vehicle “as-is” does not mean that you are necessarily out of luck. If the engine defects in the vehicle are substantial (it sounds like they are), the engine defects were there when you purchased the vehicle, the dealer knew about the engine defects but misrepresented the condition of the vehicle to you or kept it a secret, and the lie or secret cost you money, then you may have a fraud claim. You may also have a claim under your state UDAP (Consumer Law) Statute. Another important issue is whether or not it was reasonable for you not to discover the defects when you purchased the vehicle. However, laws vary from state to state, so you should contact a consumer law attorney in Florida to review your case and look over your paperwork. Most consumer law attorneys will review your case for free. To find a consumer law attorney in your state, you can go to www.USLemonLawyers.com for a free list of consumer law attorneys by state. You can also look for one on Avvo under the “Find a Lawyer” tab. Or you can call your local attorney's Bar Association and ask for a referral to a consumer law attorney near you. But act quickly because for every legal right you have, there is a limited amount of time to file a lawsuit in court before your rights expire.

    Good luck,

    Beth Wells
    www.CarSalesFraud.com
    www.BurdgeLaw.com
    www.OhioLemonLaw.com
    www.KentuckyLemonLaw.com

    Did a business treat you unfairly? See what your Consumer Law rights are to protect yourself: http://tinyurl.com/9aqykfo

    Click here to see what your state law says is unfair and deceptive and what your legal rights are: http://tinyurl.com/8pnvdot

    What is fraud? Click here for a “plain english” explanation: http://www.ohiolemonlaw.com/buyer-beware/ohio-fraud-are-you-victim/

    See question