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Arthur Joseph Obolsky
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Arthur Obolsky’s Answers

191 total


  • I have a 2010 Nissan Cube purchased new. There has been 3 transmissions put in does this fit the lemon law requirements

    the car will start slipping and surging as you go down the highway . they have replaced all transmissions at no cost to me. I think it is happening again.

    Arthur’s Answer

    Very likely that it does. Nissan should know better than to continue to put additional transmissions into the car instead of buying it back, particularly when it's apparently one or more underlying defects causing the transmissions to fail so quickly. We had a transmission case against Nissan a while back where they denied anything was wrong despite the transmission making loud grinding noise, knocking and shaking -- in flatly denying anything was wrong for over a year, I believe their engineer referred to the problem as "harmonic oscillation" that was "perfectly normal"... Gather your sales-related documents and service records and forward them to a California Lemon Law attorney as soon as you can. You'll need someone that has an understanding of the more nuanced provisions of the California lemon law statute, as it appears you'll likely be dealing with warranty tolling and such. All best, Arthur

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  • Car engine blow up after 4 days of buying the car help plz ??

    we bought my mom a 2012 buick la cross cirtified with 47 k miles on it and we did not have the car more then 4 days and the engine blow .. they keept it for over a month and half .. and yet did notthing rely we had told them about the ...

    Arthur’s Answer

    There may be various potential claims here, all of which would be grounds for your mother to return the car and get back her money. You need to have a lemon law attorney review your sales-related documents as well as any repair orders. If the car is CPO (certified pre owned) then it should have a 1yr/12k mile warranty for all components, and 5yr/100k mile powertrain warranty. This means that you likely have a claim under California's lemon law ("Song Beverly") on various grounds, including a potential claim for them keeping the car in the shop for over a month and a half. I suggest that you and your mother gather all your documents together and contact someone as soon as you can. Good luck. Arthur

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  • Do I need a lemon law lawyer?

    I purchased a 2011 Ford Edge on March 20th. Since the 20th of March, my car has been in repairs 3 times since purchase. The following Monday, my car was in the shop because the passenger door wouldn't unlock. Then, the drivers door wouldn't unlock...

    Arthur’s Answer

    It would be a good idea to have a lemon law attorney review your sales-related documents and service records. This initial case evaluation is typically free. If you don't have your service records on-hand, ask the dealer that worked on your car to provide them to you. Thank you.

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  • How to do a Motor home demand letter for CA and find a Lemon law lawyer for CA if needed

    We brought a factory built 2015 Thor MH 7/14. Thor has left us hanging for months & dealer cannot get things fixed without damaging others things & repairs that are done 2 & 3 times & still do not work. Thor cannot even send the corrects parts ...

    Arthur’s Answer

    In addition to the typical implied warranty of merchantability and breach of express warranty claims, it sounds like you might also have an additional claim under Cal. Civ. Code Section 1793.2(a)(1)(A) for Thor's apparent failure to maintain sufficient repair facilities. Manufacturers have to maintain sufficient service and repair facilities equipped to carry out the terms of their warranties reasonably close to where their goods are sold. This also applied to independent service and repair facilities that contract with Thor to perform on-site repairs. Further, you might also have an implied warranty of fitness for particular purpose claim, depending on whether it was made known to your selling dealer that you intended to purchase your coach as your full-time home. You need a lemon law attorney that also handles RV and fifth-wheel lemon law to review your documents, evaluate all potential claims, and to determine how to proceed. Avvo has a "search by practice area" function where you can look for a lemon law attorney under the practice area category of "lemon law". Whomever you contact will want to review the repair orders and sales-related documents, so it would be a good idea to gather those, if possible. If you don't already have copies on hand, the repair facilities have to provide copies to you upon your request. Best of luck, Arthur

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  • GOOD MORNING: I leased a couple of cars from VW Southbay around 3 months ago. (This is our 5th lease with them).

    One of the cars has been in the service 2 times for the same reason, it makes a noise when you are shifting speeds or stopping. The service manager already told us that there is nothing he can do about it in other words do not come back for this r...

    Arthur’s Answer

    The lemon law requires that the problem be one that is substantial and that affects safety, use or value. Noise issues can be actionable (if the noise is substantial enough to where it is distracting and clearly abnormal), but are a challenge because often times the service advisors/techs say they "didn't hear anything wrong" or "didn't hear anything unusual" when you bring in the car for repair. I've had noise-based lemon law cases in the past where the noise wouldn't happen all of the time, but was in fact severe enough to rise to the level of an actionable claim. The repair facility continually denied it was a problem, or even that they could hear anything, but eventually it became obvious/undeniable that something was wrong. I think the best thing to do is keep monitoring the problem and continue to take it in for further repair attempts. Ask the dealer's representative to go for a ride with you and see if they can hear the noise. If this particular dealer is not being helpful, try a different one and make sure they document your complaint properly. After a few more repair attempts, and if the noise persists, you should consult with a California lemon law attorney to see if you do in fact have a viable claim. Don't give up. Good luck.

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  • Auto Odometer fraud Lawyer?

    I bought a car from a dealership in hayward 8 months ago and the mileages he showed me and in the car was 104k and i signed the contract but 3 weeks ago i wanted to go trade in my car and they took the carfax out and showed me the car was drove 17...

    Arthur’s Answer

    You need to have a dealer fraud attorney take a look at the sales-related documents that the dealer gave you and further review your case. If the dealer misrepresented the car's mileage or misled you in any way, you could pursue getting your money back and returning the car. My office handles these sorts of cases and I'd be happy to discuss this with you further. 510-981-0867.

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  • I bought a car Toyota long beach Dealar on 1/19/13. the car is Volvo Xc90 2007 I asked this car iwas accident before buy .

    salesman said no accident parfect. later I saw the CarFax from internet . it was accident report.s Toyota Dealar they didn't say. I was return it .i went Sunday,Monday and I talked manager. He said it can't canceling. I would like to cancel...

    Arthur’s Answer

    If the dealer told you the vehicle hadn't been in an accident, and this turned out to be untrue, then you have a basis to cancel the deal. The sales documents will also be telling about whether there are any other nondisclosures/misrepresentations that would support cancellation. Typically, dealers make verbal misrepresentations in response to a customer's inquiries about accident history and then bury the customer with paperwork that it urges them to quickly sign without reviewing. Best thing to do is contact an attorney that handles these matters regularly for a free consultation. As was mentioned, Scott Kaufman's firm is an excellent choice. My office also handles these types of cases and would be happy to discuss with you further at no charge to see if we can help 510-981-0867. Good luck.

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  • How do I unwind this deal??????

    I got a brand new ford explorer 2013 at around 9pm exactly 5 days ago. The car has been jerking and I feel like I bought a used car and got a horrible "deal". The dealer didn't allow me to test drive the car because they were closing. I was in and...

    Arthur’s Answer

    There are two potential bases that could support unwinding a deal. The first depends on whether you have a viable lemon law claim. In your case, if you bought a brand new 2013 Ford, it would be covered under warranty, which is necessary to pursue a lemon law claim. Moreover, the severity of the problem will be another determining factor on whether you have a viable lemon law claim. If, for example, the jerking is substantial and affects the vehicle's use, value or safety, then you may have a basis to unwind because the vehicle is unmerchantable and/or if you couldn't fix the issue after a reasonable number of repair attempts.

    The second and separate basis for potential rescission depends on whether the dealer made any actionable misrepresentations to you during the sales transaction. Refusing to allow you to test-drive the vehicle is a red flag. Further, an experienced lemon law/dealer fraud attorney can also determine if there are any other potential ways to unwind the deal by reviewing your sales documents to see if they were correctly drafted.

    Best thing to do is schedule a consultation with a qualified lemonlaw/dealer fraud attorney. My firm specializes in these types of cases and would be happy to discuss this further with you. There are also several other excellent attorneys in California as well and, in any event, you should contact someone immediately to assess your potential claims. Good luck.

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  • Dealer selling cars and the next day check engine lights come on?

    Recently purchased vehicle and the day after I brought it home the check engine light came on. It won't pass the emissions test which is required in my county. Just found out someone else I know purchased a vehicle from the same dealer a while bac...

    Arthur’s Answer

    Sounds like potential fraud. Give Ron Burdge of Dayton a call for a consultation 937-432-9500 . Good luck.

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  • Dealer charged me exactly $2000 more of a car than their advertised price. What can I do?

    I purchased a car in Chicago for $12,200. When I got home, I found out that car was advertised as $10,200. When I called the sales manager, all he said was, "You negotiated that price. If you don't like it, bring the car back." I have bad cre...

    Arthur’s Answer

    In California, this type of practice by dealer would be deemed a violation CA's UDAP laws (unfair and deceptive acts & practices) and entitle you to cancel the deal and return the car (as well as potentially expose dealer to punitive damages based on how it responds to your request to unwind). Since you're in Illinois, best thing to do is consult with a consumer law attorney near you to discuss your options. Most offer free consultations and if your state has a UDAP statute like CA's it might provide for attorneys' fees to be paid by the dealer if you prevail. You can find someone good at www.naca.net.

    Although the dealer is telling you that you can "bring the car back", it is best to have an attorney handle this process for you to make sure the return is done according to law and you get all your consideration back without dealer trying to wrongfully withhold anything (which in my experience frequently tends to happen to unrepresented parties in these circumstances). Good luck.

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