Brett Shainfeld’s Answers

California does not have a cooling off period. This means that the car you purchased is yours. Unlike buying an item from a retail store, you cannot return a car because there is something about the car you are not happy with. This does not mean that you do not have rights under the law. If the alarm is not working, the manufacturer is required to fix it pursuant to the warranty. If there are multiple repairs to this alarm system and the problems continue to persist, then you might have a...

In order for you to bring this type of action in California it would require you to show some type of actual damages not theoretical or hypothetical damages. Given that you did not buy the car I think it would be very difficult for you to bring this claim against the dealership.

You do have rights. California lemon law pertains to vehicles that are covered under both manufacturer warranties and dealer warranties. The warranty creates certain rights which the dealership cannot avoid by law. Given that you have given the dealership a reasonable opportunity to repair the vehicle you do have enough to bring a lemon law claim. Additionally, depending on what information was provided to you at the time of sale you may even have a consumer fraud claim. Often times...

When buying a used car, dealerships are required to disclose prior accident damage that they knew about or should have known about it. The law does not require them to completely tear down a car to figure this out. However, if there has been extensive damage which could be reasonably ascertained, and this damage could cause harm to you when driving the vehicle, then the dealership is required to disclose this fact to you. This is not a lemon law claim, but rather a consumer fraud claim....

The key with this type of problem is a paper trail. Calling will get you no where. Too often these dealerships will ignore you and give you the run around. Send a letter outlining your issues via certified mail with a return receipt. Give them a few days to get you you registration. If not, I would notify the finance company via certified mail as well. The finance company does have some pull here as the dealership does want to be paid and the finance company has the ability to politely...

A lemon law claim does not require that the manufacturer (or dealership) be able to repeat your concerns. It simply requires a manufacturer a reasonable opportunity to repair your problem. However, the manufacturer cannot fix a problem that they cannot duplicate. If the problem is persisting, I would recommend taking the vehicle back to a different dealership. Hopefully that dealership will be able to duplicate the problem, which will then validate your previous complaints at the other...

Unfortunately when you buy a car from a private seller you are generally stuck with exactly what you get. Unless this private seller made a material misrepresentation about the vehicle, lied about an accident or something like that there is not much that you can do. If you do believe the seller lied to you, the best advice would be to see if he is willing to unwind the deal. Otherwise if you do believe you are in the right, I would recommend bringing a claim in small claims court. You will...

A dealership is required to disclose to a buyer the fact that a vehicle has been involved in a major accident. Given that the dealership is in the business of buying and selling cars they are held to a higher standard, namely, not only what they knew, but what they reasonably should have known. The dealerships failure to disclose this fact equates to a level of fraud, as it is a material misrepresentation of fact, and had the dealership disclosed this fact to you, then you would most likely...

You do have rights! If you purchased the vehicle with a warranty, whether it be a week, month or year, that creates certain express warranties and warranties implied by law. If you have taken the vehicle back to the dealership to make repairs you have taken the firs steps. The other option is that if they misrepresented to you the condition of the vehicle. If they informed you that the vehicle was in excellent condition, or was not in an accident, or any other material misrepresentations,...

This sounds like you would have a claim under Florida lemon law. If your vehicle has had multiple repair attempts for the same problem, and the manufacturer has not been able to repair it in a reasonable number of attempts you would be entitled to relief under the lemon law. However, Florida lemon does require notice in writing to manufacturer that you wish to have one final repair and are bringing a lemon law claim. I would contact a lemon law attorney in Florida to discuss you case. Make...