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Hyung S Choi

Hyung Choi’s Answers

52 total


  • Do you think I have a case?

    Will I got a car "as is " but 3 days later the transmission give out. And I got the car from a dealership. From day one the car give me problems. Is there anything I can do about it. I got the car for 4000.00. The shop I took it to told me I was ...

    Hyung’s Answer

    Arizona law requires all licensed dealers to provide 15 days/500 miles implied warranty in vehicles they sell. And this warrant must be promptly displayed in the front page of the contract. Specific items can be excluded, but the exclusion also must be on the front page of the contract.

    If a dealer fails to include this warranty on the front page of the contract, you have a right to cancel the contract.

    You should examine your contract carefully to see if the implied warranty is on the front page. If not, you should demand cancellation of the contract.

    If the contract contains the implied warranty, you have certain rights under that warranty. However, it is difficult to enforce if the dealer does not live up to its obligations. Some dealers will drag on the process (without giving any documentation) until the 15 days period expires, and then claim there was no problem found within the 15 days period.

    If you are still within the 15 days or 500 miles (whichever is earlier) period, you should get an written report of problems from an independent repair shop, and then demand the dealer repair the problem. If the dealer still refuses, you should seek legal counsel.

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  • Can the dealership re-negotiate the terms of my vehicle purchase a week later?

    I live in Mesa, Arizona. I "bought" a car last week (2-11-16), signed the financing agreements, and took possession of the vehicle. I get a call today (2-18-16) from the dealership - they need me to come in because the banks - as the salesperson p...

    Hyung’s Answer

    I am answering this on my cell. So please excuse any typos.

    This is called yo-yo delivery. It is not legal in some states, but it is legal in Arizona. Your contract (the long one with interest rates) will have this contingency in both front and back.

    Dealers sometimes use this to make you sign new contract with increased profit. It is hard to tell what is truky going on.

    Your best response is to ask the dealer to cancel the contract and give your money back. As long as you did not sign any separate document stating you will pay mileage or use fee, you should get all of your down payment back.

    And you should try to communicate via email so you have written proof. Good luck.

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  • ABC Nissan dealership in Arizona fraudulently sold an accident-ed car to me as a certified pre-owned car. Do i have a case?

    I bought a pre-owned certified 2011 Altima from them on 02/09/2014 not knowing that the car was involved in an accident, the airbag deployed and it has a structural damage. They hid all of these information from me, they never reported it to Carfa...

    Hyung’s Answer

    This practice is most likely fraudulent in many levels. If the dealer truly inspected the vehicle as CPO program required it to do, it should have discovered the evidence of prior crash and repairs. Even if the dealer missed what should be obvious signs of prior crash and repairs, it should act fair after you brought the CARFAX information to its attention.

    Your problem is the arbitration clause. Most of the dealers (as far as I know, this dealer uses arbitration clause) have arbitration clause buried in its contract. With such an arbitration clause, you cannot file a lawsuit. You lose your constitutional right to take your dispute to the jury. Car dealers know the jury usually will side with cpnsumers, and against a car dealer. I have taken 4 undisclosed wreck cases to the jury and obtained punitive damages in every one of them. The arbitrations, on the other hand, are conducted in front of an arbitrator – usually a retired judge or lawyers with lots of corporate experience. While the arbitrators mean well, they are very reluctant punish a business. I have taken no less than 5 undisclosed wreck cases to arbitrations, and never had punitive damages assessed against car dealer in arbitrations. For a good report on unfairness of arbitrations, please see the following 3 part report by New York Times:

    http://www.nytimes.com/2015/11/01/business/dealbook/arbitration-everywhere-stacking-the-deck-of-justice.html?_r=0

    http://www.nytimes.com/2015/11/02/business/dealbook/in-arbitration-a-privatization-of-the-justice-system.html

    http://www.nytimes.com/2015/11/03/business/dealbook/in-religious-arbitration-scripture-is-the-rule-of-law.html

    Even with arbitration clause, you should consider pursuing this dealer. You should look for an attorney at National Association of Consumer Advocates website. http://www.consumeradvocates.org/find-attorney

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  • Can a use car dealer still sue you even car was a lemon?

    put down for car and put alot of work to it,couldnt make payment for a broken car. So took car back .7 years ago this happen there still sueing me. Can they?

    Hyung’s Answer

    As attorney Glenn Allen points out, the time to argue about the lemon law may have come and gone. The only potential argument related to the lemon may be if the dealer failed to describe the 15 days/500 miles implied warranty on the front page of the contract. If you still have the contract, you should have it reviewed by an attorney.

    In addition, the statute of limitations may be a good defense for you. Statute of limitations requires a lawsuit to be filed within a specified time. A typical breach of contract case will have a six year statute of limitations in Arizona pursuant to A.R.S. §12-548. However, a different set of statutes called the Uniform Commercial Code (UCC) governs sale of goods (which includes automobiles). Specifically, A.R.S. §47-2725 governs deficiency lawsuits (which most likely is the lawsuit filed against you) following a repossession of a vehicle. The relevant part of this statute says:

    A. An action for breach of any contract for sale must be commenced within four years after the cause of action has accrued.

    When does the cause of action accrue – when does the time clock start ticking? – is another issue. Typically, it is interpreted as the date you first missed the payment. If you returned the vehicle and stopped making payments 7 years ago, then the statute of limitations will be a good defense.

    There are, however, exceptions. For example, if you made any payments recently because of badgering from the creditor, or if you promise din writing to make payments, that can restart the 4 years period. Thus, you should gather together all relevant documents and consult with an attorney.

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  • Possible Auto Dealer Fraud

    I purchased a used vehicle in April. 2015. Unbeknownst to me I purchased a manufacturer buy back. This was only disclosed to me upon receiving the title. I also purchased an extended warranty & was not able to use it when the car quit on me & had ...

    Hyung’s Answer

    You may have a number of claims. Of course, a detailed investigation must be completed before fully assessing possible claims. However, based on the facts you described, you may have a violation of Arizona Consumer Fraud and breach of contract claims against the dealer. You may also have a breach of contract and insurance bad faith claim against the extended warranty company. You should gather all documents together and have an attorney (that handles claims against car dealers and extended warranty companies) investigate the facts.

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  • Can a collection agency come after you for debt that you already satisfied?

    My wages were garnished for a debt from a broken lease. The judgement was satisfied. I have the paper work that states the case # and that it was satisfied. Now, 1 year later, the collection agency is coming after me again for the same exact amoun...

    Hyung’s Answer

    In addition to the FDCPA violation This may also be a Fair Credit Reporting Act (FCRA) violation if the Collection agency is reporting this on your credit report. You should check your credit report. You should then consult with an attorney that handles FDCPA and FCRA cases for your options. A successful handling of FCRA case requires specific technical knowledge and therefore you should seek an attorney that is knowledgeable about FCRA.

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  • I have an old debt (unsecured) that will be 7 yrs 180 days past due in Oct. MCM is reporting the debt as current is this legal?

    Midland Credit Management is a debt buyer, about a year ago they purchased an old unsecured loan I had that I stopped paying on in 2008. I believe the Statute of Limitations has passed on getting sued and I planned on riding out the 7 yrs, 180 da...

    Hyung’s Answer

    This is illegal under the Fair Credit Reporting Act. And from potential creditor’s view, recent default is far worse compared to a default that is 7.5 years old.

    Attorney Bunce also raises valid point valid. However, if you feel this debt is beyond the statute of limitations, you should dispute with all credit reporting agencies (such as Equifax, Transunion, and Experian) that are wrongly reporting this item. For helpful guide, go to http://myfaircredit.com/page-correcting-your-credit/. You should point out to the credit reporting agencies the corresponding original account which the debt collector eventually purchased. If the credit reporting agencies refuse to correct the wrongful information, you should seek attorneys that focus on helping people with credit reporting problems at http://myfaircredit.com/. Good luck.

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  • I purchased a used car and a month later financing was declined. Do I have to pay for the miles I put on the car?

    The dealer said I was approved for financing. They kept working with the finance company and me to show proof of income. A month later, I am unable to show that I make what I said I make a month. The dealer said that I will have to pay per mile if...

    Hyung’s Answer

    Yes, if you agreed to pay for the miles. I assume you believe you did not. The problem is the dealer obtained your signature on 10-15 documents, and you only have a copy of 3-4 documents. And in one of these documents, you may have agreed to pay for the miles.

    Even so, there may be a conflict. The retail installment sales contract (commonly called “loan contract”) usually have a paragraph in the back that spells out what should happen if the dealer is unable to assign it (commonly called “find you a loan”). It usually says you should return the vehicle with reasonable wear and tear, and the dealer will return your consideration (down payment and trade-in). Resolving the conflict, if any, depends on the facts and exact language of all the documents.

    At this time, if the dealer requests you bring the vehicle back, and your contract allows the dealer to cancel, then you have no choice. You should return the car in best condition possible. And nicely ask the dealer to refund your down payment. If the dealer does not refund all of your down payment, you should ask – in writing (fax with proof of transmission works best) – why it did not refund all of your down payment. You may have to send 2 or 3 requests before a dealer will respond, if at all. Once you receive a response or 3 tries, you should consult with an attorney. Be sure to save as much documentation as possible.

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  • Can I get my money back from a car dealership?

    I put down 2000$ and got a truck and there were problems with it oil leak no a/c check engine light on. They promised to fix and take care so could pass emissions but it's been nothing but lies and now 90 days and still not fixed they have had tru...

    Hyung’s Answer

    It sounds like you have 2 separate and distinct issues. The first issue is the dealer not transferring title and registering the vehicle for you despite over 90 days passing since your purchase. You should file a complaint with the Arizona Department of Transportation. You can fill out this form and mail to the address at the top of the form.
    http://azdot.gov/docs/default-source/mvd-forms-pubs/46-0403.pdf?sfvrsn=0.

    Another option is
    to drop it off at your local MVD office. This will put some pressure on the dealer to do things.

    Regarding the dealers refusal or failure to fix, I presume you did receive 15 day/500 miles implied warranty from the dealer. Enforcing your rights under that warranty can be tricky because dealers rarely give you anything in writing to show that you gave it notice about the problems before 15 days/500 miles expired. Preferred method of communication with dealers is through medium that can be easily used in court such as emails, faxes or letters. If you have not used these methods, you should start now. If you are still dissatisfied after the MVD’s involvement, then you should get your documents together and have it reviewed by an attorney.

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  • By law, is a car dealer required to inform you about the Carfax on a new truck?

    I purchased a new truck in Dec. 2009. I recently traded it in for a new 2015 truck. I felt the trade in value was low but decided to except the deal. 2 days later I found out from the original dealer of the 2009 truck, that it had been involved...

    Hyung’s Answer

    Car dealers ar not required to show you a carfax report. However, Arizona law requires new car dealers to disclose damages that cost more than 3% of the MSRP to repair. Excluded from the 3% thresh-hold are damages to bumpers and glass.

    You should contact the selling dealer, tell it about what you leanred and ask for a copy of the repair record.

    Some car dealers fudge the numbers to evade this disclosure requirement. In a case such as yours, you should have the car inspected a competent bodyshop technician to determine the extent of damages that were repaired. Feel free to contact me for a bodyshop recommendation.

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