Brett Shainfeld’s Answers

Brett Shainfeld

Los Angeles Lemon Law Attorney.

Contributor Level 9
  1. 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?

    Answered about 2 years ago.

    1. Brett Shainfeld
    2. Douglas Carl Sohn
    3. Scott Richard Kaufman
    3 lawyer 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...

    4 lawyers agreed with this answer

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

    Answered almost 2 years ago.

    1. Michael Raymond Vachon
    2. Brett Shainfeld
    3. Scott Richard Kaufman
    3 lawyer answers

    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.

    3 lawyers agreed with this answer

  3. Bought a used truck.

    Answered about 2 years ago.

    1. Brett Shainfeld
    2. Scott Richard Kaufman
    3. Ronald Lee Burdge
    3 lawyer answers

    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...

    3 lawyers agreed with this answer

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

    Answered about 2 years ago.

    1. Brett Shainfeld
    2. Scott Richard Kaufman
    3. Dana L. Manner
    3 lawyer answers

    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....

    3 lawyers agreed with this answer

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

    Answered about 2 years ago.

    1. Scott Richard Kaufman
    2. Brett Shainfeld
    3. Nicholas Basil Spirtos
    3 lawyer answers

    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...

    2 lawyers agreed with this answer

  6. 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

    Answered almost 2 years ago.

    1. Scott Richard Kaufman
    2. Dana L. Manner
    3. Brett Shainfeld
    3 lawyer answers

    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...

    3 lawyers agreed with this answer

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

    Answered about 2 years ago.

    1. Frank Wei-Hong Chen
    2. Brett Shainfeld
    3. Scott Richard Kaufman
    4. Ronald Lee Burdge
    4 lawyer answers

    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...

    1 lawyer agreed with this answer

  8. Used car purchased with warranty what recourse do I have

    Answered almost 3 years ago.

    1. Amy Elizabeth Clark Kleinpeter
    2. Brett Shainfeld
    3. Scott Richard Kaufman
    4 lawyer answers

    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...

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  9. What kind of claim can i file or what can i do?

    Answered almost 4 years ago.

    1. Brett Shainfeld
    2. Michael Edward Atwater
    2 lawyer answers

    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,...

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

    Answered almost 2 years ago.

    1. Brett Shainfeld
    2. Troy D Krenning
    2 lawyer answers

    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...

    2 lawyers agreed with this answer

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