I vehicle I purchased from a Honda dealer without warranty had a check engine light come on after about 100 miles. I suspect they cleared the light in order to sell it. I was told they gave me a discount price since it was just traded in and the...
The law in Ohio on this is real simple. If it won't pass a mandatory emission test when you buy it then you have the right to cancel the sale, and the "as is" argument does not matter because it has no effect on this law. That's why any smart car dealer will make sure the emissions equipment on the car works before they sell it in the first place. Those who don't check it, are just hoping the buyer doesn't find out. Like most state emissions laws, If the dealer did and realized the problem and just decided they could get away with it by selling it "as is" or without a warranty, well, that could be fraud since it is a deliberate violation of the state emissions law. Ohio’s law says that if you buy a car and it won't pass a mandatory emissions test, then you have the right to cancel the sale. Period. Some sellers and car dealers generally will try to talk you out of it, but Ohio’s law applies to all sellers and not just car dealers. Cancelling the deal would mean giving them back the vehicle and getting back all of your money. If you are happy with the car, then you may want to try to talk the seller into doing any necessary repairs so that you will keep the car. The repair bills are all negotiable but if you can’t work it out agreeably and you decide you want to cancel the sale, you have the right to do that. For folks outside of Ohio, the law is often the same on this as inside Ohio but to find out what your non-Ohio state law says for sure, those folks need to talk to a local Consumer Law attorney near them in their home state who deals with this kind of case. They can look for one at Avvo under the Find a Lawyer tab. Or call the local attorney's Bar Association and ask for a referral to a Consumer Law attorney nearby. Better yet, they can go to the web site page link below for a Free Online 50 State National List of Lemon Law Lawyers and find one nearby (lawyers don’t pay to get listed there and most of them are members of the only national association for Consumer Law lawyers, NACA.net). But act quickly because for every legal right a person has, there is only a limited amount of time to actually file a lawsuit in court or your legal rights expire (it's called the statute of limitations), so don't waste your time getting to a Consumer Law attorney and finding out what your rights are. If this answer was helpful, please give a “Vote Up” review below. And be sure to indicate the best answer to your question so we can all be sure we are being helpful. Thanks for asking and Good LuckSee question
Evans Arena Dogge
There is no way to say without going over the entire sales process with you and also looking at all the sales paperwork. There are general rules in Ohio but they can easily be altered by any agreement between the buyer and the seller or salesperson at the dealership. For instance, if they said there was nothing wrong with the vehicle, the check engine light might indicate otherwise but the question becomes whether or not the dealer knew or should have known the problem existed at the date of sale. Your best bet is to first just go back to the dealer and ask them to check it out and fix it. If that doesn't work, then talk to a local car sales fraud attorney in person about your rights. They will probably need to see all your sales paperwork and hear the whole story to know for sure what you can and can not do.See question
Can a transcript be requested when a judge/magistrate has a phone status conference with the attorney?
An Ohio state court phone status conference is an informal court event and a transcript, which would require a court reporter's participation, is normally not made. There are rare exceptions to the general rule but typically only the participating attorneys, the judge/magistrate, and the court reporter are aware of it when it happens. One of those would be if an attorney requested a transcript be made. If none was requested, however, it would be unusual for one to be made by the court itself.See question
I had the vehicle delivered to my residence on August 4,2015. The people at the dealer are very hard to get a hold of and if you do get through all you get is their answering machine or the run around. It is now 45 days since the purchase, and no...
Yes but you will have to be ready to give the vehicle back. In most states, the only way a person can have a legal interest in a motor vehicle is if their name is on the vehicle title. Nothing else counts. That means you have to have a title to be the owner. It also means that you can’t own a car and you can’t legally sell a car without having the title in your name either. If you buy a car and never get title to it, then in most states you have the right to cancel the sale and get your money back. If you bought a vehicle from a car dealer and have not gotten the title yet, then the first thing to do is contact them and ask where it is and when you will get it. If you don’t want to wait any longer then you may already have the right to cancel the sale since failing to deliver the title to the buyer would be a breach of the sale contract. Car dealers who don’t deliver title to their buyer often do that for several reasons. One is that they haven’t paid off the finance company that loaned them the money to buy it in the first place. Another may be that the person or dealer they bought it from has not gotten title yet either. Whatever the reason, it does not matter. The obligation to put the title into their buyer’s name is their’s to live up to. If the don’t do it within the time allowed by the law in your state (most say between 30 and 45 days), then they lose. It can be that simple. In fact, to find out what all of this means in your situation and in your state you really need to talk to a local Consumer Law attorney near you. You can go to this web site page for a Free Online 50 State National List of Consumer Law Lawyers (http://tinyurl.com/79ku5jx) and find one near you (lawyers don’t pay to get listed here and most of them are members of the only national association for Consumer Law lawyers, NACA.net). You can also look for one here 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 only a limited amount of time to actually file a lawsuit in court or your rights expire (it's called the statute of limitations), so don't waste your time getting to a Consumer Law attorney and finding out what your rights are. If this answer was helpful, please give a “Vote Up” review below. And please be sure to indicate the best answer to your question so we can all be sure we are being helpful. Thanks for asking and Good LuckSee question
On 8/29/15 I went to Wetzel Chrysler Jeep Dodge in Richmond, IN to purchase a car. After hours, was told I was financed through a bank I had never heard of, but needed a co signer, which I had. We signed all the paperwork and I took the car home. ...
Sounds like a spot delivery scam. First they tell you its a done deal and then they call and say we need $500 paid down and now they say they still need the money. When the vehicle was delivered, the dealer should have known if your credit would require money down on top of a co signer so not asking for it at the start raises a red flag about the dealership's honesty with you. They also should have known they were going to need proof of income right at the start too, especially if it was a loan company that you never heard of because most of those do require proof of income for loan approval. They probably didn't tell you all that at the start because they were afraid you would not buy their car and would just go somewhere else. Having you sign everything and leave with the car takes you out of the buying market so that all they have to do after that is get everything done to make the financing get approved later. Yes, you can send them proof of the payment that was made and that should do it, but watch out if they ask for more of anything, like another contract to be signed, more money down, etc. Keep all your sales papers at home in a secure place and go through all of them very carefully. You should also write out a diary of everything that has happened so far, from beginning to end, just in case this doesn't get worked out and you need to recall it later in detail. As sure as you do the diary, it will all work out okay. As sure as you don't, it will mushroom into a big problem. If you can't get this resolved before your temporary tag expires, then something is wrong on the dealer's end. If the dealer doesn't get a memo title to you within 30 to 45 days, then something is wrong on the dealer's end. If you don't get a loan approval notice within 40 days or so from the bank or finance company that they supposedly set you up with, then something is wrong on the dealer's end. None of this may require a lawyer's help yet, but keep your diary going on for now. If the dealer says they can't get you financed and you need to sign a new contract or bring back the car, then it's time to get to a car sales fraud lawyer right away because either of those is probably not true. Odds are the dealer violated one or more laws in the process here but the only way to know for sure is to have a lawyer go over all your sales paperwork and listen to the whole story. But act quickly because for every legal right you have, there is a limited amount of time for you to file a claim or your rights expire (lawyers call that a statute of limitations). If this answer was helpful, please give it a vote up below. And be sure to mark, which answer you get which you think is the best so that we can all be sure we are doing good work. Thanks and good luckSee question
They didn't carfax it and I'm wondering can i return the car and by reimburse all my money before
The law in Louisiana is unique and often very different from any other state in several respects. Anywhere else I would say the answer is "not likely at all." But in Louisiana I think you have to talk to a local car sales fraud or lemon lawyer to find out for certain. You can look under the find a lawyer tab here at Avvo.com or Naca.net or at the national list below. But be sure you act quickly because for every legal right you have, there is only a limited amount of time before time runs out and you are stuck. If this answer was helpful, please give it a vote up below. And be sure to Mark the answer which you think was the best out of all those that you get, so that we can be sure we are doing good work here.See question
After a $6000,$2200,$1500 quote to get fixed . The dealer said I can get another car. The transmission went out in 2wks on the car.. The dealer wants me to pay taxes on another $5000car . Shouldn't my taxes transfer it has not been 30days? He kee...
To know for sure what your rights are in Indiana when it comes to buying a used car that turns out to be a lemon (and that sure sounds like what you have), you need to talk to a local lemon lawyer near you. Robert Duff is one of several in the Indianapolis area who can probably help you. You can look for his contact info under the find a lawyer tab at Avvo.com or you can check the national listing of lemon lawyers below (they do not pay to get listed there and most of them are members of the only national organization of consumer protection lawyers, Naca.net. Should act quickly because for every legal right you have, there is only a limited amount of time to file a claim before your rights expire (lawyers call it a statute of limitations). If you don't act in time, you can be stuck with the situation. If this answer was helpful, please give it a vote up below. And be sure to Mark the answer which you think was the best out of all that you get, so we can all be sure we are doing good work here. Thanks for asking and good luck.See question
Bought a used car from a lot,it's a lemon..an they refuse to produce a title,I heard its Kansas law if after30 days they haven't given me a title I can return it an get a full refund,is this true?
Every state has a law which requires a car dealer who sells a vehicle to a consumer to deliver title into the name of the consumer within a limited number of days, usually no less than 30 and often no more than 45. The only way to know for sure what the time limit is in your state's to either consult a local lemon law attorney or car sales fraud attorney or you can simply call your local Bureau of motor vehicle so licensing department and ask them – they will know what the time limit is. In almost every state, if the dealer does not deliver that title in time then the buyer has the absolute right to cancel the sale. But be careful because some states require you to give the a. "Notice letter" to the dealer that you have not gotten the title and one last chance to get it done, before you can cancel the sale. To find a lemon lawyer near you, you can look for one under the find a lawyer tab at Avvo.com or Naca.net. Naca is the only national organization of consumer protection law lawyers. But act quickly because for every legal right you have, there is only a limited amount of time to file a claim or your rights expire (lawyers call it a statute of limitations those parentheses. If this answer was helpful, please give it a vote up below. And be sure to Mark the answer which you get and what you think is the best, so we can all be sure we are doing good work here. Thanks and good luckSee question
Among other issues roof ac replaced three times between 8/11/14 to 6/22/15 purchased new on 8/8/14
As Aldo said, the federal "lemon law" (the Magnuson Moss Warranty Act) will cover you and in some states it requires 2 repair attempts so you are there on that. The real question is whether or not you gave them a reasonable number of chances to get it fixed, or a reasonable amount of time. If so, then you are right and they are wrong, but Rv companies and dealers are notorious for fighting warranty claims. Worse yet, some of their warranties (like some Thor and Forest River, etc) have a shortened time limit to even file a claim, often to only 90 days after the one year warranty expires. Check your warranty language and be careful. If you don't file a claim on time, you can be out of luck. And all their promises will NOT extend that time limit either. Either get it fixed or get it settled or get in court, that's what I recommend.See question
I originally took my car in for transmission repair and since then my car has went down hill I took my car back to the repair shop a total of four times with complaints the mechanic didnt repair my car correctly went to two additional repair shop ...
The answer to your question is easy. You are in the Atlanta area. The best consumer fraud lawyer in the whole state is nearby, Mike Flinn. He knows car dealers and mechanics and consumer fraud better than anyone in your state. Look him up under the find a lawyer tab at Avvo.com and call him. I don't know what he charges for a phone consultation, but it'd be worth it for you to know exactly what to do, how to do it, and how best to maximize your chances of getting your money back. When you have repair work done and it isn't done right, generally your obligation is to give the shop a reasonable chance to fix what they did wrong and their obligation is to get it fixed. If they don't then you have the right to take it to a second shop to get it fixed or get an estimate for the cost to fix it right. You got that estimate so now you can file a claim in your local small claims court against the first shop or perhaps see a local lawyer like attorney Flinn to see what all laws the first or second shop, or both, may have violated and what your rights are. If this answer was helpful, please give it a Vote Up below, and be sure to mark the answer that you get which you think was the best so we can all be sure we are doing good work here on Avvo.com. Thanks for asking and good luckSee question