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David Garner’s Answers

730 total


  • Can I sue a dealer for misrepresenting a car?

    Last month, I purchased a vehicle which was described as having leather interior. Well the interior is leather like and I didn't realize until AFTER purchasing. The material is very high quality vinyl made to look like leather. I paid for what I t...

    David’s Answer

    Yes you have a case. This amounts to a material misstatement as an inducement to buy. Thats fraud.

    Talk with an attorney. A quick letter demanding payment might do the trick. If not, take them to small claims court and file complaints with every agency you can think of.

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  • What can we do about a 24/7 whistling neighbor?

    A nasty neighbor is driving us nuts whistling, singing and playing music all day, every day. We have asked him nicely to please tone it down, but his response was "go in the house and close the door if you don't like it." Our houses are very close...

    David’s Answer

    Talk with an attorney about a nuisance lawsuit. Not only can you get an injunction to stop the noise, you can get damages.

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  • Selling a home with lifelong use on an estate in trust

    Can a person with lifelong use of an estate sell the home and keep the proceeds when there are 3 dependents who are benificeries or called remainderments on the will?

    David’s Answer

    Nope. The house does not belong to that person. It's called a life estate. The person in possession may use the property for life and then it passes to the remaindermen (the three dependents). The possessor of the property can take no action that defeats the residual of the remaindermen.

    Can't sell it.

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  • My son just bought a car, from a private seller as is.the car has over 150,000 He drove the car home ,2h0urs later we were back

    Can my son get his money back.

    David’s Answer

    Probably not. As is means "as is". That means you consented to taking the car in the condition it was in when you drove it away. Absent some sort of fraud, he is stuck.

    Why were you back?

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  • Can I sue a family member for breaking an oral contract. I have witnesses but because its family they won't testify?

    I lent my brother $1,000 a year ago. He promised to pay me back in 2 weeks. My mom and sister know about this but refuse to testify because thats family. My brother doesn't deny he owes the money but just says he has other bills to pay.

    David’s Answer

    I comes down to what you can prove in court. Frankly, do you really want to go that route? It's your brother. What is that worth to you?

    Don't loan money. Give it. Then you never have a problem.

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  • Is it legal for an 18 year old guy to date a 15 year old girl?

    If a 15 year old girl is dating and 18 year old guy with parental consent is it legal in the state of florida.

    David’s Answer

    Its a relative question. What is "dating"?

    I recommend agaisnt this type of stuff. The relationships are inherently unequal and frought with risk to the older partner.

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  • Can I be sued for writing a statement for a former coworker's court case against my former companY?

    I worked for a small family owned company. They were shady and underpaid their workers. 3 of my coworkers sued. I wrote statements for 2. I wanted to help support their cases in court. One of them won and another lost the case. Yesterday I rc'd a ...

    David’s Answer

    Actually, those were probably the best words you could have used. The two best defenses to a defamation action are truth (what I said was true) and opinion (can't be proved true or false). You words would seem to fall into the latter.

    A couple of points. First, it does not matter that you used the word public. Second, published means communicated to a third party not the subject of the statement. A to C about B is publishing.

    If you say "ABC Restaurant has been cited 15 times for having rat feces in the food" and its not true, then you have a probelm.

    On the other side of the coin, if you say "ABC Restaurant is the absolute worst place in the universe to eat" there is nothing they can do to you. Its an opinion.

    I would want to see the entire letter before rendering a final opinion, but I doubt they have a cause of action against you. They could still sue, but winning is a different matter and I don't think a reputable attorney would do it based on what you wrote.

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  • Can I do anything about another mom giving my underage chiid alcohol and telling him not to tell me? Is there are time frame tha

    She even allowed him to get drunk. I am finding out about this after some time has already passed. I am furious.

    David’s Answer

    Call the police immediately.

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  • If you are fifteen and you are dating a twenty one year old can he get into trouble in the state of colorado?

    If they are just dating and are not having sex can they be together without the man getting in trouble for it?

    David’s Answer

    I suppose, but I think it would be better if they each found someone age appropriate to hang around with. Kissing and what not can also bring legal problems, so this guy is just asking for trouble.

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