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Scott Richard Kaufman
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Scott Kaufman’s Answers

7,380 total


  • Can a daycare provider sue for child care costs?

    There is a contract from November 3, 2014 to February 3, 2015. However, I have to give 30 day written notice to terminate the contract, while policies and procedures can be amended anytime with a two week notice. I no longer feel comfortable with ...

    Scott’s Answer

    With all due respect your question is very difficult to understand. Are you saying that you plan on breaching the contract and you still want to know if there are grounds to sue under the contract?

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  • Can I get back retainer fee through credit card chargeback even my agreement state all payment are non-refundable

    I commited a felony and received final order of removal from immigration judge in 2006. I'm not deportable so I'm currently on limbo. I hire a criminal-immigration attorney for $5000 flat fee. My goal is to reopen immigration preceedings and re-ob...

    Scott’s Answer

    Nothing here seems out of the ordinary to me. I think you can switch attorneys. I am not real sure you can get a refund though, no matter how you try to get it.

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  • Purchased a salvage Tesla from an insurance company.

    Tesla involved in an accident was totalled. I purchased the vehicle from the insurance company as a salvage buyer. Tesla sold me all parts to get the vehicle repaired. After repairs, TESLA has now a new policy that they will not sell Tesla parts a...

    Scott’s Answer

    There are so many angles to answer this question and none of them are good for you, short of you proving they conspired to cheat you out of $10K. If they did so, you have a decent case and even then not a great one as you got value back for your 10K. I always wanted to know hhy someone would buy a salvage vehicle from an insurance company to re-sell. If the damage to repair the vehicle to something close to good condition was assessed as being more than 80% or 90% of the value of the vehicle, the only way to make money buying it and fixing it and selling it is to do a less than professional job, therefore, putting the "fixer" and "seller" in a very bad spot liability-wise, should someone get hurt in a future accident in a car with less than professional/safe repairs. Since you seem like you are concerned about future folks being unable to repair the vehicle, I surmise you are likely an honest person and therefore, I put it out there that you should be real careful about buying/fixing/re-selling salvage vehicles period.

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  • I have the vehicle title of my car was it was repossessed today. Can i sue the DMV for letting this happened ( title washed)?

    I'm the registered owner in California but apparently there's a car loan under someones else name out of state and that bank repossessed my paid off car. I don't know how to proceed with this. The person i bought it off probably did some kind of ...

    Scott’s Answer

    you do have a chance if your insurance is appropriate and if they fail to hey you have to wonder what you were paying the inwe possessed alternatively we may have a claim against the party that we possessed it. Typically they have to give some type of you notice up front and they didn't that could be a problem. Also, you may have rights as a bona fide purchaser for value and those rates may Trump the rights of the party that repossess your car. that may take extensive litigation and cost quite a bit of money. so your two a claim with your own a claim with your own insurance and a claim for wrongful repo against the repossession party. good luck with it.

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  • Do i still need to make car pymts?

    I bought a car back in april had the car for a couple of weeks took it back to my mechanic for a smog and to check the engine he ended up having the car for about a month during that month he moved my car to another location where the car got wrec...

    Scott’s Answer

    Sounds like 2 different parties. If mechanic has cheated you that is who your claim is against not seller of vehicle. Good luck with it.

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  • Are "no abortion" clauses in contracts really enforceable?

    A couple asked my sister to be a surrogate. She showed me a contract that said she could not abort the baby. I read that abortion is a "fundamental" right. Can she really sign the choice away despite having a constitutional right to have one? And ...

    Scott’s Answer

    I like the initial response and it makes me think the clause is uneeded, as abortion would be a breach. That said, my initial response would have been: This is the most interesting question I've ever seen on avvo.com. There is not likely any case law directly on point. It may take a lot of research and a few court battles to answer. I'm not sure one can waive a Constitutional right via contract.

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  • I traded a car in on another car at a dealership and two weeks later they took the car away

    i traded a vehicle in on another vehicle more than two weeks ago and the credit check and everything went through the same day. two weeks later they are telling me the credit fell threw and came and took the car away. in the meantime, they still...

    Scott’s Answer

    Sounds like they committed a fraud on you. What you do is send ALL of your purchase documents and any other writings you have related to the car to a consumer protection attorney who handles auto fraud and lemon law for a free case evaluation. In this instance, you should have some solid rights to get some justice.

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  • Carfax report did not report accident while purchasing.

    Hello, I got a car from a private seller on craiglist. The car's carfax for clean and reported no issues. i made the deal and transferred the money in cash. Now recently i saw the car fax report and saw that it had an accident...

    Scott’s Answer

    Seems like seller likely knew of the accident and failed to disclose. Not sure if SELLER gave you the CarFax or you got it on your own. Regardless, there is a lag time that dealers often take advantage of to screw consumers. Here, it is not clear if the "private" seller was an individual a dealer or some dealer acting like an individual. Anyhow, an individual has "no duty" to disclose this info unless asked BUT cannot actively hide it. If you can prove they lied to you in the sale, you have a nice claim for fraud. If it is less than a $10,000.00 purchase, you can win in small claims court.

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  • Can my gym refuse to reinstate my membership that I cancelled because I refused to accept an apology that I was told I had to?

    My agreement w/ gym was I would never get junk mail my cell# was for emergency. 8 mos in, a new manager sent me junk mail&wouldn't stop. She called my cell "to chat'w/o witnesses'. 7 mos of junk mail, I got angry&cancelled my membership.Realizing...

    Scott’s Answer

    I think you likely have multiple claims. The failure to send the promised refund is first. The call (s) may have violated TEA also? Potential health studios violation too.

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  • I bought used car LEXUS GS300 from dealer in SAN JOSE, When car was sold to me dealer had smog check passed,

    I received DMV letter for renewal with SMOG CHECK REQUIRED. When I went to SMOG CHECK CENTER, Technician KEVIN did smog check, which my car failed. He gave me printout which states ILLEGAL CATALYTIC CONVERTER. He told me DEALER cheated me and ha...

    Scott’s Answer

    If you can get Kevin to put his thoughts in to a writing, you may have an excellent claim. I would contact BAR the entity that oversees smog issues and also the DMV investigations department to file claims against dealer, to start. Make sure all communications with dealer are in writing so that you memorialize them for future reference/use in a court of law, if needed.

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