Joshua Charles Anaya’s Answers

Joshua Charles Anaya

San Diego Fraud Lawyer.

Contributor Level 7
  1. Can I get partial of my money back if the car I bought from a private seller is a lemon?

    Answered about 1 year ago.

    1. Scott Richard Kaufman
    2. Joshua Charles Anaya
    3. Ronald Lee Burdge
    4. Michael Christian Peterson
    4 lawyer answers

    Scott is right. While many people call cars that don't work a "lemon," the word lemon means something very specific under California law. Usually, the types of problems you listed don't fall under the protections of the lemon law. However, there could be some other laws that the seller violated.

    3 lawyers agreed with this answer

  2. Can i get out of a contract if the loan hasnt gone through?

    Answered about 1 year ago.

    1. Scott Richard Kaufman
    2. Joshua Charles Anaya
    3. Athina Karamanlis Powers
    4. William Nicholas Blasser
    4 lawyer answers

    Buying a car in California is different than other states. When you sign the sales contract, the dealership is your lender. The dealership then has 10 days to find another bank to buy the loan. If it doesn't, then it can cancel the agreement. However, after the 10 days, it is a valid contract and you would have to make your payments to the dealer. This is a separate issue from the mechanical operations of the vehicle. Your ability to pursue the dealer for mechanical issues depends in part on...

    3 lawyers agreed with this answer

  3. Can a buy here pay her dealer get sued for forgetting to give the 1 month 1000 mile warranty

    Answered about 1 year ago.

    1. Joshua Charles Anaya
    2. Scott Richard Kaufman
    3. Ronald Lee Burdge
    3 lawyer answers

    California law changed recently to prevent Buy Here Pay Here dealers from selling vehicles AS IS. You can read more about the laws in the article I linked to below. I find it hard to believe that a dealer "forgets" to do anything. You should speak with an attorney to determine the extent of the violations in your transaction from AMC Auto Sales. Our office has handled many auto fraud cases over its 30 years protecting consumers.

    3 lawyers agreed with this answer

  4. Is their any kind of Breach of contract, I don't want to get stuck with out any warranty??

    Answered about 1 year ago.

    1. William Nicholas Blasser
    2. Joshua Charles Anaya
    3. Scott Richard Kaufman
    4. Athina Karamanlis Powers
    4 lawyer answers

    If the dealer charged you for for a warranty that you didn't receive, then it sounds like the dealer committed a fraud against you. Our firm unfortunately has seen this sort of thing all too often. Is the dealer still in business? Have you contacted the dealer regarding the warranty issue?

    2 lawyers agreed with this answer

  5. I signed a as is form but nothing was filled out about the car....transmission is now out after 2 days...any legal rights for me

    Answered about 1 year ago.

    1. Scott Richard Kaufman
    2. Joshua Charles Anaya
    3. Ronald Lee Burdge
    3 lawyer answers

    Buying a used vehicle AS IS in California makes it pretty tough to sue over mechanical issues. However, as Attorney Kaufman stated, if it was a Buy Here, Pay Here dealership, the vehicle should have come with a warranty. You should figure out what's wrong with the vehicle first before you take any other steps. This will give you as much information as possible to make an informed decision. You should also try contacting the dealership to see if it will work with you regarding the repairs.

    2 lawyers agreed with this answer

  6. My son purchased a used vehicle from the Toyota dealer about a week ago. He has had nothing but issues with the car.

    Answered about 1 year ago.

    1. Mariam Mary Margaryan
    2. William Nicholas Blasser
    3. Joshua Charles Anaya
    4. Scott Richard Kaufman
    4 lawyer answers

    Buying a used vehicle in California can be precarious. Generally, if the dealer sells the vehicle AS IS, it is very difficult to sue over mechanical issues. However, it sounds like the dealer made some representations to your son regarding the vehicle in the safety check. Did your son receive anything in writing regarding the safety inspection? Did he receive anything else in writing regarding the mechanical operation of the vehicle? Where did your son get the follow up inspection regarding...

    2 lawyers agreed with this answer

  7. Can I return the car to the dealership?

    Answered about 1 year ago.

    1. Scott Richard Kaufman
    2. Joshua Charles Anaya
    3. William Nicholas Blasser
    4. Ronald Lee Burdge
    4 lawyer answers

    The temporary tags the dealer provided you at the time of purchase should be good for six months. When do you believe the temporary tags will expire? The dealer has 30 days to transfer the paperwork to the DMV regarding the registration and purchase of your vehicle. However, we have seen some cases where the DMV is the cause of the hold up. I would first start with the DMV to see if it has received the dealer's application. If not, then you may need to seek an attorney to help you either get...

    2 lawyers agreed with this answer

  8. If I found a AD for car I bought 2.5 years ago that showed it $3200 lower then purchased for and $1000 etching fee in contract

    Answered over 1 year ago.

    1. Scott Richard Kaufman
    2. Joshua Charles Anaya
    3. Isileli Tupou Manaia Mataele
    4. Athina Karamanlis Powers
    5. Ronald Lee Burdge
    5 lawyer answers

    It is a violation of the California Vehicle Code for a dealer to sell a vehicle for more than it advertised the vehicle. When did you come across the advertisement? What was the date of the advertisement? You may be coming up on the statute of limitations, so it would be best to talk to an attorney sooner than later.

    2 lawyers agreed with this answer

  9. My friend bought a used car from the dealer in stockton,ca. Do we have 3 days to return it? Thank you

    Answered over 1 year ago.

    1. Scott Richard Kaufman
    2. Douglas Carl Sohn
    3. Joshua Charles Anaya
    4. Ronald Lee Burdge
    4 lawyer answers

    As the lawyers above stated, if the transaction was negotiated in Spanish, the dealer was required to give a copy of the contract in Spanish. Unfortunately, California does not have a cooling off period for buying a vehicle. You can purchase a contract cancellation option if you are buying a used vehicle, but most people do not elect to do so. The dealer can cancel the contract, but only in a narrow set of circumstances. You can read more about it on our firm's blog.

    2 lawyers agreed with this answer

  10. I purchased a car from a dealership with a lien on the title. Was that legal? Car purchased 01/08/13. Can i be compensated.

    Answered over 1 year ago.

    1. Joshua Charles Anaya
    2. Peter Collins Freeman
    3. Scott Richard Kaufman
    3 lawyer answers

    Typically, when you buy a vehicle in California, the seller must remove all encumbrances from the title. This means any previous liens on the title. If the vehicle purchase price is under $10,000, you may be able to sue the dealer in small claims court. If it is over $10,000, an attorney may be able to assist you. Our firm handles these types of problems, as well as other areas of auto fraud.

    2 lawyers agreed with this answer