Valerie Del Grosso’s Answers

“i bought a truck a few days ago and took it to get it smog and it fail because the smog pump was tampered with what can i do

Valerie’s Answer

• June 11, 2015 6:54pm

Hi,

The answer to your question depends in part on whether you bought the car from a dealer or an individual.

Dealers are required to provide a smog check that is good for 30 days from the date of purchase. Additionally, there are many laws regarding a dealer's obligation to tell you certain facts about a vehicle, as well as general legal claims for fraud. The Nevada DMV makes it easy to file a complaint to begin investigating these claims against a dealer. Contact the Compliance Enforcement Division in Henderson or go online to download a complaint form.

If you bought from a private individual, you may just have general claims such as fraud or grounds to undo the transaction. If you bought from an individual, you will want to get in touch with him or her to resolve the issue to start. If that does not work, you may have to file a lawsuit. Depending on the value of the purchase, this may be a small claims action. The Civil Law Self Help Center and the Nevada Legal Aid Center are both great resources in these types of cases.

Good luck to you. I hope this information helps you determine your next steps.

What are the legal ramifications if a car dealership in Reno falsifies income statement for a used car finance and is it legal

Valerie’s Answer

• April 29, 2015 8:30pm

It is not legal for a car dealer to falsify income information on a loan application in Nevada for the purchase of a vehicle. You will probably want to get a lawyer in Reno for this one.

Do I need a consumer attorney?

Valerie’s Answer

• April 29, 2015 8:29pm

I agree with the other response here and want to add a few things.

In Nevada, even if you sign a document saying otherwise, you cannot be charged excessive late fees for a late payment. Likewise, your car cannot be repossessed unless you are 30 days late on your payment. While the reality is that this shady car lot will probably try to charge crazy fees and/or illegally repossess your car if you are even a day late, just know that these are not legal practices (they cannot keep your personal property in the vehicle, either). If anything like that happens, you should call a lawyer or the DMV Compliance Enforcement Division as soon as possible.

With respect to the tires, you are entitled to those. Is that written anywhere in your contract? It should be, and the dealer has the obligation under the law to provide proof of the sale in writing, at a minimum.

Long story short, you should not be afraid of your car dealer. Nevada has strong consumer protection laws which govern car transactions for these reasons.

Good luck. I hope this helps

I bought use car and purchase an extended warranty they denied my claim that we know that we the transmission was bad

Valerie’s Answer

• April 29, 2015 7:57pm

Warranties are contracts, and so the claims process and what is covered should be spelled out very clearly in the document. Is the warranty company giving a reason why (that is, under the policy documents) for the denial? Is there an appeal process?

Because warranties are contracts, the warranty company's failure to pay for warranty claims is a no-no. The Nevada Division of Insurance and/or the DMV Compliance Enforcement Division are both good places to start with making complaints if you are not getting anywhere with the warranty company.

I bought a car from a dealership in town and found out they cheated the smog test. can i sue them to get my money back?

Valerie’s Answer

• April 29, 2015 7:53pm

It depends.

The dealer is required to give you a certificate of a passing emissions test that is good for thirty days.

You may have a case if the emissions test was not good for 30 days, if the test was good but the engine light came on soon after purchase, or if you cannot now get the engine light off.

You mention it took five months to find out what happened. The DMV may be a good place to start in launching an investigation using the information you have found. The DMV cannot unwind the transaction but can impose penalties on the dealer. You can let the dealer know in advance you are going to make a complaint unless they take the car back and return your funds. This may be good incentive for the dealer to act.

What qualifies as discrimination?

Valerie’s Answer

• April 27, 2015 7:32pm

Hello, I am jumping in here because I am currently researching this area of law for a friend who is also a performer on the strip experiencing similar issues (and she says she sees you two all the time!). I am about to post a free resource for street performers and characters which directly addresses this issue and which is based on Nevada law. The answer to your question is not as straightforward as the other posters are making it, and you are entitled to know your rights and the basis for them. I will check back on your question later in the week with a link to the free resource I am creating.

Paid deposit, prior tenant not moved out.

Valerie’s Answer

• April 21, 2015 8:54pm

Buried in the fine print of most residential lease agreements are provisions relating to the duties of the landlord. Delivering an uninhabited place is most likely one of them, along with a "time is of the essence" provision. The easier thing to do in this situation is to demand your deposit back; if your lease contains the aforementioned provision, an inhabited house is a failure of consideration (meaning there is not contract) and your refund should be returned. The more difficult question is whether you can recover your travel expenses. That would likely require a small claims suit because the landlord will undoubtedly dispute it.

Where can I find real estate lawsuits between For Sale By Owner and the buyer?

Valerie’s Answer

• April 21, 2015 8:47pm

Here are a few places you might try, in order of least to most expensive. It would be easier to answer this question if I knew what you will use the cases for (because some sources are better than others), but hopefully this helps:

1. Google Scholar searches (choose "case law")- this is different than a regular google search;
2. Fastcase, which is a low cost case provider;
3. Westlaw or LexisNexis. These can add up pretty quickly but are the "famous" names in this area.

You might also try calling or visiting the UNLV Law Library for assistance.

Good luck

Do I have a case against a major car dealer for ruining my credit rating from a failed purchase?

Valerie’s Answer

• April 21, 2015 8:00pm

Maybe.

The Nevada DMV Compliance Enforcement Division would be a good place to start. You can make a complaint for free. The DMV cannot force the dealer to pay you a money judgment, but they can determine whether the dealer violated any laws and which ones. From there, you will have a better idea of whether you have a case.

Nevada has pretty strong consumer protection laws to help consumers who have been cheated in certain transactions, especially involving cars. This area of law is slightly complicated, though, so the DMV's assistance will be helpful in understanding the different things the dealer and finance company did wrong.

Depending on your income level, you can also contact the Legal Aid Center of Southern Nevada's Consumer Protection project for help.

Two people left me with 2,000 of charges on my phone bill. They originally agreed to pay them. Do I have a case?

Valerie’s Answer

• April 21, 2015 7:55pm

I am assuming that your roommates had authorization to make changes on the phone account when they did these things. If not, that is an entirely different problem.

The next question is whether these people are worth suing. Do they have jobs? Bank accounts? Any assets? Just because you may have a claim against them does not mean they will be able to pay (or easy to track down to garnish bank accounts, for example).

If they do have money, you should probably consider a small claims suit. It will run you about $200 in filing fees and it does take a few months minimum, but this may be your only way to show them you're serious.

The Legal Aid Center of Southern Nevada occasionally has ask-a-lawyer sessions which show people how to file a small claims suit. The self help center at the Clark County courts is also very helpful.

Good luck