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Scott Richard Kaufman

Scott Kaufman’s Answers

7,573 total

  • What qualifies for lemon law?

    I financed a 2013 Chrysler last month.. The transmission went out.. Chrysler attempted to fix it.. It's going back in the shop for transmission problems 2 weeks later.. What are my options?

    Scott’s Answer

    lemon law is warranty law. under the lemon law you are required he give the other side a reasonable number of attempts to fix under warranty. if you done that you may have a nice claim. here, it looks like you've done that so you may have a good claim. What you should do is contact a lemon law firm and send them all of your repair orders for a free evaluation. if they take your case then Chrysler will have to pay your attorney. good luck with it.

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  • Hi. I feel the dealership had tricked me into completing a new credit application. Can contract be cancelled due to this?

    Recently I signed a new finance contract with the dealership. We were told that wells fargo is financing our new used car. A couple of weeks later, I received a call from the dealership finance dept saying that they have a better deal for me all ...

    Scott’s Answer

    Unless you have been shopping at some local store for years, no retailer will call you and say, "come on down, we found you a better deal" especially not a car dealer. This is part of a Yo Yo scam. They do intend to cheat you (perhaps more than they already have) on the deal. If ANY finance company denies you credit, they must send an "adverse action" notice within 30 days. Keep your eyes open for this and also, one from dealer. Watch your credit report closely to see if the numbers are going down due to extra credit pulls too. IF your credit is decent, you can get your own financing and cut dealer out of the mix completely. Be ware they ask you to sign an entirely new contract OR have somehow slipped it by you or forged your signature? ONLY deal with them in writing going forward.

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  • Car has not been transfered to my name from used car dealership and has been 4 months. Do i keep making my payments?

    Car is salvaged and was purchased through in house financing. I have asked if it was wrecked and I was told that they did not know the sales man. I can not drive my car right now because I cant get registration in my name, so no 2016 sticker. They...

    Scott’s Answer

    You have a LOT going on here. I'll try to break it down:

    Car is salvaged = Car is in a serious wreck, almost always ;
    Car is purchased through in house financing = They MUST, by law, give you at least a 30 day warranty;
    You asked if it was wrecked = They lied to you about this;
    You cannot drive car due to no registration = WHY no registration? They must supply this;
    You paid 1500 dollars down and made $238.00 payments for a few months.
    Brakes/Rotors were shot = They cannot sell a car with bad brakes;
    Can I just get my money back and give them the car? = Legally, YES. Real World? Not so easy;
    I am on disability state = Potentially makes your claim better;
    Car Sold As Is = They may NOT sell it as is, if it's financed "in house." Must give a warranty;
    What do I do to resolve this issue? = Get in touch with a lemon law/autofraud attorney who knows this area of law. Most will give you a no fee document review and if they take the case will get paid by dealer.

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  • Can you sue a public official for false advertising and unfair competition?

    I understand that in California you cannot sue a government entity for false advertising and unfair competition, but can someone sue a public official (i.e. an employee of a public school) for false advertising and unfair competition?

    Scott’s Answer

    While your question makes sense in a "real world" it does not really in the legal world. What you realy should post are the facts as to WHY you wish to sue and what laws, if any, can be used to obtain a positive result. I think you need to try again...

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  • Bought a car with a VALID SMOG certificate! Found out next day my exhaust was illegal in CA. Now the car is Falling Apart!?HELP!

    I bought a car from a private seller that had a valid smog in hand. liked the car so we made the transaction . After transferring the title we took it over to our mechanic and he informed us my ENTIRE EXHAUST system was altered. there was no cat c...

    Scott’s Answer

    My typical response to this type of fact scenario would be: "Since it is now smogged, sue seller in small claims court for the cost of the smog and other anticipated, proven be written estimate, repairs." I would also typically say something like "See what happens when you get your vehicle inspected AFTER you buy it?" Folks, you MUST do your inspections pre-purchase. It saves a lot of headaches and makes good sense. BUT, here, it almost sounds like you KNOW who passed it? IF there is a "legitimate" business out there that is giving out false smog certificates, it is likely part of a scheme and potentially, a huge public interest (which could benefit you too) lawsuit. Polluting the air is bad business, ask VW... So, hopefully, you still have your smog check certificate and a good lemon law / autofraud firm can really get some justice here. Most will offer a no fee review and also, if they take the case, do so on a contingency basis.

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  • Do I have a case?

    A lady sold me a beauty salon. Then, she called her customers about a new salon where she was going to be working at just a block away from me. She took the customers with her. As a result, I have no business.

    Scott’s Answer

    I'm sure this will depend upon what your contract says about non-compete and what she promised you in income, perhaps what the financial books said too? Sounds like she knowingly scammed you. I'm guessing you did not protect yourself with legal representation upfront? Better late than never I guess? Get your agreement in to a lawyer's office asap. Get any ads you responded to ANY writings, to help evaluate if there is a case at all...

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  • I want Brawl LLC in CA. There is a FTB suspended LLC of the same name and one called Brawl entertainment LLC in CA.

    Is it safe to name myself Brawl LLC since we make video games, and the other entities do not- though brawl entertainment is in the entertainment industry of some kind. Would going a S-corp route be cleaner? It seems like there are no "Brawl" corps...

    Scott’s Answer

    Secretary of State either WILL or WiLL NOT give the name to you. Safe is not likely an issue if they give it to you. Still, a competent atty should be engaged to do a name search, nationwide, for a similar competing entity and name, to be "safe."

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  • We sold, and installed lights to a client, and they have not worked. Client wants a full refund. Can we exclude the install fee?

    The lights were purchased 2 months ago, and installed 3 weeks ago. They have had an issue since day one, that is being addressed. The fixture is at the factory right now being repaired. Now the client wants a full refund. We're into this job many ...

    Scott’s Answer

    There IS a contract. Why would you not want to give a full refund? If you give any refund, it should be an entire one. It's good business to do this and to apologize IF you are unable to make it right.

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  • I need a good Lemon law lawyer

    My wife I have put $16000 down on a $30000 Chevy suburban the night we drove it home it went from bad to worse. Extreme has tried to fix it we have be put in a rental can Twice and my wife has brought it down over 5 times and had to wait all d...

    Scott’s Answer

    Sorry for your troubles.

    A number of factors may play in to what your rights are. For instance, since lemon law is warranty law, it would be of great help if you do indeed have a warranty and the newer the vehicle and lower the mileage, the better the case is likely to be. Since it's a $30,000.00 vehicle, one would think it's not too old and has fairly low mileage and hopefully a warranty from GM. More facts, many more facts are needed and most lemon law firms will give you a no fee consultation. You should take advantage of that opportunity and get in touch with someone asap.

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