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Elizabeth Ahern Wells

Elizabeth Wells’s Answers

272 total


  • Can I get out of a lease if the transmission doesn't work properly even if they say i just have to get used to it

    I'm leasing a car that has a new smart transmission but it doesn't work right

    Elizabeth’s Answer

    You need to provide more information than this for anyone to be able to give you advice. When did you purchase the vehicle brand new? How many times have you had the vehicle in the shop for repair? Unfortunately, without additional information it's impossible to answer your question.

    Good luck,

    Beth Wells
    www.ohiolemonlaw.com

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  • What can be done about private seller lying about a used car?

    My fiance bought a 1998 used truck. From a private person. The guy told him it only needed a starter and everything else was great on it. Even said brakes were good. When they talked the seller said if he bought the truck and starter he would come...

    Elizabeth’s Answer

    If the seller knowingly lied to you about the condition of the vehicle, it was reasonable for you to believe what the seller said, and you were financially injured by the lie, then you may have a fraud claim. However, if there is nothing in writing then it will be tough to prove. Plus, you will also want to consider whether the seller is collectible, because if he is not then pursuing anything against him is a waste of your time. Since you likely spent less than $3,000 on the vehicle, then this is something that you can handle yourself in small claims court. It will also be important to have a mechanic inspect the vehicle and give you a full estimate to use in court if you plan to proceed with a small claims case.

    Good luck,

    Beth Wells

    www.ohiolemonlaw.com
    www.kentuckylemonlaw.com

    See question 
  • What rights/ options do I have to get my only back from where I purchased the vehicle?

    I bought a used truck for $10,000. in less than a week the truck broke and I have spent over $7000 to try to fix it (which it still isn't) (engine issues)..

    Elizabeth’s Answer

    Did you purchase the vehicle at a dealer or from a private individual? Did the vehicle come with a warranty? If you purchased the vehicle without a warranty, you still may have rights. If the engine defects were substantial (and it sounds like they were), should have been obvious to the selling dealer (assuming a car dealer sold it to you), but the dealer kept the engine defects a secret from you or lied to you about the condition of the vehicle, then you may have a fraud claim and a claim for violation of the Kentucky Consumer Protection Act. However, you will need to contact a Consumer Law or Lemon Law attorney in Kentucky to have the attorney review your documents and talk to you about the specifics of the purchase to know what claims you have for certain. You can find a Consumer Law or Lemon Law attorney by clicking on the "find a lawyer" tab here on AVVO, contacting your local bar association, or you can go to www.USLemonLawyers.com. But act quickly, because every right you have expires within a certain time if you do not assert it in Court.

    Good luck,

    Beth Wells
    www.OhioLemonLaw.com
    www.KentuckyLemonLaw.com

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  • What kind of lawyer do I need? What will be done about my stress, time and money lost? How will I benefit from this?

    I recently bought a car that was a rebuilt title, a month ago I got into an accident involving a deer. In writing I have that all repairs were fixed, when the adjuster came to look at my car it all started with needing a new bumper, grille, and a ...

    Elizabeth’s Answer

    A car dealer in Ohio is required to tell you if the vehicle they are selling you is a salvage or rebuilt salvage, if the vehicle is unsafe to drive, or if the vehicle has substantial defects which would have been obvious to a licensed used motor vehicle dealer. You should contact a Consumer Law of Lemon Law lawyer in Ohio right away. The attorney may even be able to discover additional things that the dealer did wrong by looking at your sales paperwork. And don't waste time, because your rights will eventually expire under each of the laws that protects you-- it's called statute of limitations. This means that if you wait too long, you cannot assert your rights in Court, even if what the dealer did was wrong. To find a Consumer Law or Lemon Law attorney, you can go to the "find a lawyer" tab on AVVO, contact your local bar association, or go to www.USLemonLawyers.com.

    Good luck,

    Beth Wells
    www.ohiolemonlaw.com
    www.kentuckylemonlaw.com

    See question 
  • Is there any responsibility of the dealership to deal with at least the brake and converter?

    my son purchased a 2001 jeep from a dealership, he recently found out it did not have an emergency brake and no parts for the brake at all, it also doesnt have a catalytic converter, and has other multiple issues.. the dealership wont help him and...

    Elizabeth’s Answer

    • Selected as best answer

    Even though the vehicle did not come with a warranty, your son may not be out of luck if the dealer sold the vehicle to your son in an unsafe condition and either misrepresented the condition of the vehicle to him or concealed the condition of the vehicle from him. If the dealer knew about the true condition of the vehicle, and the dealer’s lie/concealment cost your son money, then he may have a fraud claim. However, you should contact a consumer law attorney in Ohio to review your case and look over your paperwork to know for sure. Your paperwork may even reveal additional violations. For instance, there is a federal law called the FTC Used Car Window Sticker Rule that requires used car dealers to fill in, display, and give to the consumer a completed "Buyers Guide" form for each used vehicle that they sell. And, many used car dealers don't comply with the law. You can click on the link below to see what a "Buyers Guide" form looks like. To find a consumer law attorney in your Ohio, you can go to www.USLemonLawyers.com. You can also look for one on Avvo under the “Find a Lawyer” tab. Or you can call your local attorney's Bar Association and ask for a referral to a Consumer Law attorney near you. But act quickly because for every legal right you have, there is a limited amount of time to file a lawsuit in court before your rights expire.

    Good luck,

    Beth Wells
    www.CarSalesFraud.com
    www.BurdgeLaw.com
    www.OhioLemonLaw.com

    What does a “Buyers Guide” look like and why is it important? Click here to find out more: http://www.ohiolemonlaw.com/used-car-lemon-law.html

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  • I am currently buying a 2003 gmc envoy from a buy here pay here and when i took it off the lot it had a cracked windshield

    and the only thing in my husband name is the paper work we signed and the temp tag. the cars title is still in the previous owners name and they want me to pay 350 for a leen the previous owner had on the title and i was also was pulled over in th...

    Elizabeth’s Answer

    It is unclear whether the car dealer you purchased the vehicle from is in Kentucky or Ohio. Regardless, it sounds like you may have claims under either state's UDAP Statute (Consumer Law), for breach of contract (attempting to change contract terms on you post sale), and possibly fraud (hidden defects at time of sale). Additionally, if the title is still not in your name after 40 days, and you purchased the vehicle in Ohio, then you should be able to get your money back. In Ohio, a car dealer is required to deliver title to a motor vehicle to a consumer within 40 days of the sale of the vehicle to the consumer. And, where the car dealer fails to do so, the consumer has an unconditional right to rescind the transaction (i.e. make the dealer take the vehicle back and get their money back). However, the only way to be certain what claims you have is to have a consumer law attorney from the state the you purchased the vehicle in review your sales documents. To find a consumer law attorney in Ohio or Kentucky, you can also go to a national listing of lemon lawyers at www.USLemonLawyers.com. The attorneys listed there do not pay to get listed there and most of them are members of the only national organization of consumer protection lawyers, Naca.net. Most of the attorneys listed there practice both lemon law and consumer law. You can also go to the “find a lawyer” tab on Avvo or contact your local bar association to find a consumer law lawyer. But whatever you do, make sure to act quickly because for every legal right you have, there is only a limited amount of time to file a claim before your rights expire (lawyers call it a statute of limitations). If you don't act in time, you can be stuck with the situation.

    Good luck,

    Beth Wells

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  • How do I go about getting a lawyer for the lemon law in nh?

    I bought my 2013 Toyota Tacoma brand new. I've brought it in three times for the same issue. The truck dies and sometimes stars back up and sometimes doesn't. It was towed in the first time and they found nothing wrong. Next time they replaced...

    Elizabeth’s Answer

    You can also go to a national listing of lemon lawyers at www.USLemonLawyers.com. The attorneys listed there do not pay to get listed there and most of them are members of the only national organization of consumer protection lawyers, Naca.net. But make sure to act quickly because for every legal right you have, there is only a limited amount of time to file a claim before your rights expire (lawyers call it a statute of limitations). If you don't act in time, you can be stuck with the situation.

    Good luck,

    Beth Wells

    See question 
  • Purchasing a used car from private owner that's a lemon , any legal help? Repairs cost more than purchase.

    I purchased my daughter's first car from a man in September 2015. I asked him (in emails) if it was reliable and if there was anything wrong with it. He said nothing was wrong and it only shifted a little hard. Which is normal according to my mech...

    Elizabeth’s Answer

    If you can prove that the defects in the vehicle are substantial, the defects were there when you purchased it, the seller knew about it but misrepresented the condition of the vehicle to you or kept it a secret, and the lie or secret cost you money, then you may have a fraud claim. But this will be tough to prove and collecting from an individual as opposed to a car dealer is an uphill battle. Moreover, laws vary from state to state, so you should contact an attorney in South Carolina who practices consumer law. Depending on the cost of repairs, you may end up in small claims court, but a consumer law attorney can at least explain your rights to you and set you on the right track if he or she cannot take on the case.

    To find a consumer law attorney in your state, you can go to www.USLemonLawyers.com. You can also look for one on Avvo under the “Find a Lawyer” tab. Or you can call your local attorney's Bar Association and ask for a referral to a consumer law attorney near you. But act quickly because for every legal right you have, there is a limited amount of time to file a lawsuit in court before your rights expire.

    Good luck,

    Beth Wells
    www.CarSalesFraud.com
    www.BurdgeLaw.com
    www.OhioLemonLaw.com
    www.KentuckyLemonLaw.com

    See question 
  • Do I need an attorney?

    I bought a car from a dealership a little over 7 months ago. I recently found out through a carfax report that the vehicle had been in 2 accidents prior to me purchasing it. The dealership I bought my car from says that because the car fax came fr...

    Elizabeth’s Answer

    It depends on how severe the accidents were, whether the accident damage was properly repaired, and whether the prior accidents have a substantial impact on the value of the vehicle. Did you purchase the vehicle “as-is” or with a warranty? In Ohio, even if you purchased consumer goods “as-is”, a dealer cannot misrepresent the standard or quality of goods to a consumer purchasing the goods primarily for personal (not business) use, or hide obvious defects from the consumer at the time of sale. And, to rescind the transaction (make them take it back and give you your money back) under Ohio's Consumer Law statute, you need to prove that you asked the dealer to take the vehicle back within a reasonable time after you discovered the violation (here- the prior accidents), and before any substantial change in the condition of the consumer goods occurred. Additionally, a dealer cannot conceal a material defect in the vehicle from you or lie to you about the condition of the vehicle. If the lie or secret costs you money, and you acted reasonably, then you may have a fraud claim, too. The strength of your case will depend upon how severe the accidents were, how obvious the prior accidents were, whether the accident damage was properly repaired, and whether the prior accidents substantially impair the value of the vehicle. If you are not happy with what the dealer is willing to do for you, then you should speak with an attorney in Ohio that specializes in Consumer Law. To find an attorney in Ohio, you can go to www.NACA.net or www.USLemonLawyers.com. You can also look for one on Avvo under the “Find a Lawyer” tab. Or you can call your local attorney's Bar Association and ask for a referral to a Consumer Law attorney near you. Most Consumer Law attorneys that practice in Ohio, like my firm, will review your case for a small consultation fee. But act quickly because for every legal right you have, there is a limited amount of time to file a lawsuit in court before your rights expire.

    Good luck,

    Beth Wells

    www.CarSalesFraud.com
    www.BurdgeLaw.com
    www.OhioLemonLaw.com

    See question 
  • I bought a motor from a guy down the road not at all what he said it was suppose to be have paper work of purchase

    The motor was suppose to be a brand new cobra create motor 0 miles on it only had starting oil ran through now after paid off and received car he says the motor is different it's a 94 gt mustang motor and he doesn't know the mileage plus didn't pu...

    Elizabeth’s Answer

    It sounds to me like you may have a claim for fraud due to the misrepresentations regarding the vehicle's engine. If this individual is not willing to work with you, then I suggest that you contact a consumer law attorney that practices in Ohio. Depending on the value of the engines, you may or may not be in small claims court. Either way, an attorney consultation will at least help you determine what the next best step is. Another thing to consider is that you are dealing with an individual, so conductibility should be a factor in your decision on how to proceed. To find a consumer law attorney in Ohio, you can go to www.USLemonLawyers.com. You can also look for one on Avvo under the “Find a Lawyer” tab. Or you can call your local attorney's Bar Association and ask for a referral to a Consumer Law attorney near you. But act quickly because for every legal right you have, there is a limited amount of time to file a lawsuit in court before your rights expire.

    Good luck,

    Beth Wells
    www.CarSalesFraud.com
    www.BurdgeLaw.com
    www.OhioLemonLaw.com

    See question