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Scott Richard Kaufman
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Scott Kaufman’s Answers

7,726 total


  • Is this bait and switch? what are my options at this point?

    bait and switch? I saw an ad for a new development in the City of ABC. The ad said new home in ABC, everything about the area is stated as ABC. IN fact, they made a LLC called 4th street ABC llc. the contract was signed and the house is almost bui...

    Scott’s Answer

    Sounds misleading, but, you really should check with your realtor AND you need to independently confirm school district (most ads will say this) prior to contracting. Others may chime in with a different point of view, and of course any atty would have to read the entire K to be sure, but, generally, unless there is some out for school issues, I'd say you may be in a tight spot legally.

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  • What can I do if I'm trying to get my money back for a used car but car dealer lost their business license?

    Bought a used car that over heated three days later but car dealer lost their business license what should i do ?

    Scott’s Answer

    There's a reason they lost their license! If you financed it and they set that up, you have a second deep pocket by law, to go after, if you can prove your case. Also, all dealers have to have a "bond" in place of $50,000.00. The problem is that is not a lot when it comes to multiple cars for a dealer like this one, who's lost its license, so, JUMP on it soon. Get in touch with a lemon law auto fraud attorney as soon as you can for a no fee case review to see if they can help...

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  • How can I take legal steps against Sprint?

    I was customer with Sprint for over 4 years, I had an old "grand-fathered" individual "everything" plan. My wife was with ATT for even longer. I called Sprint to ask what they can offer to add my wife's line. They said, they can add her line to my...

    Scott’s Answer

    there are plenty of laws to protect you in situations just like this. The problem is there are no judges that will protect you in situations like this. The Supreme Court of the United States has essentiallyoutlawed consumer standing up for their own rights against businesses therefore your only real optionis to sue in small claims court where you're not allowed to have an attorney but they are. good luck with that...

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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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