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Scott Richard Kaufman
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Scott Kaufman’s Answers

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  • How did he abuse, misuse or neglect a brand new transmission (void the warranty) simply by driving it?

    My boyfriend was driving cross-country, when the transmission failed. He stopped into the nearest dealership (Dealership A) for repairs on the transmission, the fuel line and a few other things. The transmission repair was under a 3 year warrant...

    Scott’s Answer

    Sounds like you may have answered your own question here. Regardless, it's unclear WHY he had to pay for first repair? Also, if he paid for this AND they got it wrong, AND this caused the new/recent issue OR it is totally related to the past issue AND you can prove it, then THEY likely are on the hook for the current repair. Good luck with this...

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  • Is there law to hold merchant responsible for "lemon" laptop and misrepresenting product? Can I return it or get it replaced?

    I purchased brand new mac air on Feb 8, 2015. Sales person convinced me to pay more to get "newest model", most current and advanced build but now Apple support says it's Jan 2014 model. On top of that, it has been non op more then 9 mos. Require...

    Scott’s Answer

    Lemon Law is warranty law. IF you gave a reasonable number of attempts to fix under warranty, they should repurchase or replace. AS to whether they did a bait and switch on you, my recollection is that the new MacAir came out around April? There should have been signs and ads throughout the store on this and any misrep was likely unintentional. I sue folks like these for a living but have found Apple to be good about replacement, personally. I'd go in with all complaints (other than model) and lay it out for them. I've had Apple, with no cajoling upgrade my family to the latest model instead of just fixing. So, your poor fortune so far could end up being a brand new model, especially now that their market share took a hit this quarter. IF they continue to stone wall you call a lemon law attorney.

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  • Do I have to give a full refund or what can I do in this situation?

    Hello, I just sold a car as is. I was upfront about the condition it was in and had told the buyer it hadnt been moved for months, possibly even a year now. And they agreed to buy it and made the trade, on the very se day they are asking for a ref...

    Scott’s Answer

    MANY factors come in to play here. This post almost sounds like you are a car dealer, and if you are, it is not so simple as to "sell a car as is." There are hoops that must be jmped through as you likely learned in your licensing classes. I'm sure you know that you must sell a "safe" car and you must do a "safety inspection" and you must smog and and and, again, assuming you are a licensed car dealer, so, if I am correct, contact the lawyer who set you up in business. If not, other rules apply, but, here, you've given us almost nothing to work with re: facts...

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  • Does the state of Illinois have an equivalent statute to California's Business & Professional Code?

    I am hoping for a fast track key word to assist me in quickly locating a substantially similar law

    Scott’s Answer

    What part of the business and professions code?
    Some parts cover how certain businesses must be run/licensed.
    Some parts cover how they may compete with each other.
    Other parts cover other things.
    Most states have similar laws, but, outside of "uniform" laws like the Uniform Commercial Code or UCC it's rare they will all be in the same place(s).

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  • What is my recourse?

    I purchased a used car from a dealership and they gave me the carfax report for the car. It showed no accidents, no recalls, no issues. However, three weeks later I find documentation in the car from the previous Owner that it had in fact been i...

    Scott’s Answer

    You already have THREE responses from well meaning and talented attorneys. Unfortunately, because this is a highly specialized area of law, auto-fraud in CA, each of these well meaning attorneys is incorrect in their evaluation. First, you've never stated you purchased the vehicle "as-is" which in legal-ese means, "without any warranties, express or implied." Second, even IF you purchased "as-is" without any warranties, the law is clear in CA as to car dealers, they may not use "as is" to commit fraud. So, the questions (ignoring CarFax for a moment) are:
    1- Were you sold a "safe" car?
    2-IF there was some sort of prior accident, was it a significant one, requiring disclosure by the dealer?
    3- Did you ASK about prior accident history? You state if there was an accident you would not have purchased, so therefore, one must presume you asked about it????
    4- Did dealer know? There are many ways a dealer may know and believe you me, since it is such an expensive item to keep in inventory, dealer almost assuredly knew. So:
    4a- IF dealer knew, WHY did dealer give you a "clean" CarFax? THAT is the greatness of the con! The short period of time before an accident "hits" CarFax or gets reported by CarFax, a service that only gets reports from 3-4 insurance companies nationwide...

    Anyhow, all this said, your move right now is to:
    A- STOP "talking" to dealer, only communicate in writing, if at all;
    B- Go to a body shop to have the severity of this "accident" figured out. The more serious it was, the better your case v. dealer;
    C- get in touch with an Auto-Fraud attorney for further input.

    Lastly, and this is for ALL purchasers of cars off of car lots or private parties, ALWAYS have it checked out BEFORE purchase. It's cheap insurance and peace of mind!

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  • Can i sue to get some of the money back?

    Can i sue a car dealer for putting a lean on my property . He said i owe him for ten yrs of interest? And the car was only worth maybe 12,000.00 at the time in 2007. It was a 95 suburban. I was making payments at the time it was stolen. The vehic...

    Scott’s Answer

    I agree with Mr. Rinaldi in that your "facts" are difficult to follow. What car dealer says you owe him interest and why? Who did you make car payments to? Who stole it? Who would not release it to you and why? Who sold it for $400.00 and why? HOW did "he" presumably car dealer? "take $43,000.00 from you. WHEN did this all happen? I assume the court system was used. Why did you not fight it in court? We rarely get TWO chances to fight something in this country. Can you start at the beginning and lay out ALL facts and ALL dates and ALL parties, in chronological order? That may allow someone here to help you out...

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  • How can I get them to honor the warranty or sue for fraud/stress/emotional scaring? HELP!!!

    I have a 2006 Kia Sorento the transmission is in need of repair. Kia Pros of Glendale said my car is not covered. I only have 93,200 miles. My warranty is 10 years/1000,000 miles. When Casa de Gonzalez in South Gate, Ca closed they lost all my ma...

    Scott’s Answer

    Unless you bought the vehicle NEW, your warranty is not going to be 10 years/1000,000 miles. From your post, we cannot tell if you bought new or used. IF you did buy NEW you really should keep copies of your own service records as using them can always be helpful in selling your car, showing it to a mechanic kind of like your car's "medical" history, or of course, using to show breach of warranty in a lemon law case. Now, since all the info SHOULD be linked by VIN number, ANY Kia dealer should have access to your car's warranty history. Make a few calls to 'other' Kia dealerships to see if they do indeed have such access and if they would be kind enough to download/print for you. Do NOT explain what is going on, just ask about the vehicle's warranty history and note that you've lost your copies. Once you have actual printouts of the repair orders OR a summary of them, you can contact a lemon law attorney for further direction. Good luck with this...

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  • Do I have a legal action I can bring against the school (goal is to not have to pay back the full $70k loan) or another remedy?

    I completed my 1st year of law school at a private institution known for an extremely rigorous "force fail" scale. In general, the "allowed" grades are allocated accordingly & those with a GPA below 2.0 are dropped. Two weeks before grades were re...

    Scott’s Answer

    70K seems like a lot for a year, but it's been a long time admittedly. I do recall almost all schools, including mine, had a system of petition/probation/second chances via application to allow folks another shot at it and of course, the closer they are to the magic number 2.0 the better chance of acceptance. IF the goal really was to become an atty, I highly recommend you look in to this option. Your chances should be good if you did not burn any bridges and even better if you have mitigating circumstances like work AND school first year? Good luck with it...

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  • Breast increase has caused discomfort, weight gain and back problems. Their product does not work and falsely advertised!

    Consumer Rights lawyer needed regarding Alexia Breast reduction pills, after a few months breasts increased from 38G to 38L. Other attorney said, this would be the right type of law to pursue.

    Scott’s Answer

    How is it that you can pinpoint this change, in the opposite direction, on these pills? Any idea why, even if they do not do what they are supposed to do, they would do the opposite?

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  • What kind of lawyer should i hire if a used car dealer sold me a no good car and does not want to return my money?

    Bought a car for $3000 from a used car deal the car was running fine for just three days until it broke down. I asked dealer if he can return my money back and said sure but keeps making up excuses saying the owner of the dealer will pay us back n...

    Scott’s Answer

    If there is a warranty involved, it's lemon law. If there is no warranty, it may be a fraud, so, autofraud atty. Most, not all, folks who handle one type of law, also handle the other. If some one agrees to take your case, and wins, the other side (dealer) needs to pay your attorneys.

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