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Scott Richard Kaufman
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Scott Kaufman’s Answers

7,394 total


  • Is constitutional that the cellular phones companies, charge you a fee for early cancellation agreement ?

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    Scott’s Answer

    This does seem to pass scrutiny under the Constitutional right of the parties to freely contract.

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  • ?s on business partner

    I took in a business parnter this April 2015, ive owned it for 4 years. I owned all the inventory, slattwall and kooks,plus everything else in the shop. He was suppose give me payments for his half but keeps coming up with excuses. Now he said he...

    Scott’s Answer

    Hard to improve on help offered so far. Instead, I offer an alternative that may work. Since you want out so much, it seems like your business is not worth much? Your "partner" is not willing to pay for it either. Perhaps listing it, after legal consultation, with a broker or at least getting it evaluated, would make sense? Walking away, unless you are losing money, is rarely the right option.

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  • What legal right do I have? and what actions should I take?

    I paid $6500 to an individual (not a business) per a verbal contract for body and paint work on my truck. I paid him over the course of 5 or 6 checks, as he showed me work was being completed. He then said he needed to take some time off (a month)...

    Scott’s Answer

    Police report is overkill. If you think there is a breach of contract you can sue for the breach.

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  • I purchased a truck and the contract included oil change as long as I owned the truck. Is my contract valid, dealership sold?

    pattchetts ford sold to Pace auto. I expect Pace to honor the contract with Patchetts ford. Pace ford is not honoring the contract and is offering 5 complimentary oil changes.

    Scott’s Answer

    I agree with Mr. Stempler. I would say though, that when a business buys another, it is pursuant to their agreements, assets and liabilities. Your contract is a liability and likely included in the sale, at least from an accounting point of view. I think you have a good argument but, you may need a letter from an attorney to push them.

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  • 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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