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Brett Shainfeld
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Brett Shainfeld’s Answers

28 total

  • Can I sue CA Auto Dealer for violations of UDAP and FTC Used Car Buyers Guide although I did not buy car?

    This auto dealer really needs to stop these practices. Buyers in the past have gotten screwed. I can file complaints with state and ftc, (I have documentation) but concerned this would be not enough. It's a fairly large auto lot, but since I didn'...

    Brett’s Answer

    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.

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  • How can I use the Florida Lemon Law to have a vehicle refunded or replaced if the vehicle meets the criteria?

    I have a 2011 BMW that I purchased brand new in June of 2010. Months later one of the doors started making a strange rattling noise, so I took it in. The technicians identified that the rattling did in fact exist, but they were not sure why it was...

    Brett’s Answer

    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 sure you find a lemon law attorney that provides a free case evaluation and will get his attorneys' fees and costs from the manufacturer rather than taking a percentage of your recovery.

    So far you have done everything correct. Make sure you take back the vehicle every time the issue presents itself, make sure the dealership fully documents each of your concerns, and keep all repair orders.

    Best of luck.

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  • I am having a problem with my 2012 nissan rogue. What can I do legally to get the vechile replace or return it to Nissan

    I Have reported the incident occurences. They told me that they couldn't duplicate the issue so there is nothing that they can do. I don't feel I should have to keep a brand new vehicle when there is a problem goingg on with it.

    Brett’s Answer

    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 dealership. This would be enough for you to establish the basis for a lemon law claim against the Nissan, but I would recommend contacting a Texas lemon law attorney. The lemon law attorney should provide you a free consultation and let you know the strength of your claim pursuant to Texas lemon law.

    Best of luck.

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  • Bought a new Honda Civic 2012 3 days ago with a security alarm system only to find out the alarm doesn't work. Can i cancel it?

    When I came home from the car dealership I found out that the alarm doesn't go off at all. I also found out that security alarm comes basic in any Honda Civic LX 2012. I called the car dealership where I bought it from and was told I can have the ...

    Brett’s Answer

    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 lemon law claim in the future.

    With regard to issues with the contract and being charged for items that should be standard, you potentially could have a claim against the dealership, however more facts relating to the purchase contract and window sticker would be necessary. If you feel you were overcharged on the purchase contract I would recommend contacting a consumer fraud attorney.

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  • Do used car dealers need to disclose to you that a vehicle has been in a accident before you purchase a car from them.

    I bought a car back in February of this year (2012) and I put $4000 down and owe around $17,000. It is a used vehicle. Well I have had to do a lot of work to this car, even though it was something they said they would do and never did but...... I...

    Brett’s Answer

    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. I would contact a consumer fraud attorney in Florida.

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  • I purchased an AS IS used car less than a week ago and just found out it needs $5500 worth of work...do I have any recourse?

    It was purchased from a used auto dealership 6 days ago and I was provided a clean autocheck listing only one previous owner. The vehicle is clean and clearly well kept. The first day I took it home, the engine light, IMA light and battery light c...

    Brett’s Answer

    Based on what you have said you probably do not have a lemon law claim, however, you may have a claim under your state's consumer protection/fraud laws. If the dealer failed to disclose to you the condition of this vehicle and they knew about it (or should have known about it) you may have some recourse against the dealership.

    I recommend having a Virginia consumer fraud attorney help you out with this ASAP.

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  • How do i get help with a used car dealership that will not give me the registraion for a car i baught

    i have tried to get my registration and plates from the dealer and they tell me a different story very time I call

    Brett’s Answer

    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 suggest the dealership hold up their end of the deal. If no positive response, then I would recommend getting consumer fraud attorney.

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  • How do i go about getting my car fixed if a dealership sold me a bad car with no warranty

    I bought the car a month ago the fuses keep blowing my muffler leaking anifreeze my strut came a loose my car keep jerking and dash board went out

    Brett’s Answer

    No warranty with regard to a used car generally means "as is", which means you get the car you paid for problems and all. Unfortunately, without a warranty or the purchase of a service contract there is no recourse via state or federal lemon law. The best recourse may be a consumer fraud claim against the dealership for failing to disclose a something about the vehicle, such as a prior accident, flood damage, etc. It may be worth your while running a carfax report to see the vehicle history. If something shows up on the carfax report that is out of the ordinary, contact a local consumer fraud/lemon law attorney.

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  • Can a buyer demand that I pay for the repair costs?

    I sold a car 5 days ago. the couple test drove the car and asked if I knew why the engine sounded a little rough. I honestly did not know and I have kept the car up since I have had it. I took it to get smogged before I sold it and it passed. From...

    Brett’s Answer

    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 be very hard pressed to find a lemon law attorney who will bring a claim for you against a private seller.

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  • Bought a used truck.

    I live in ca. I bought a used truck got a warranty for it. Idk what to do it been in the shop more then woe have drove it im scared to get it back since the last time it died on the freeway with my 3mth old in the truck any suggestions on what 2 d...

    Brett’s Answer

    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 these dealerships will not deal with you directly- they will simply brush you off until you go away or get so frustrated that you sell the car at a loss. I highly recommend contacting a lemon law attorney who specializes in this type of law to guide you through this frustrating process.

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