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Joshua Charles Anaya

Joshua Anaya’s Answers

40 total

  • What do i do if i went to a dealer to get a car and they said they financed me through chase and every thing is all said and don

    what should i do?

    Joshua’s Answer

    I'll need some more facts to answer your question. Is the dealer attempting to cancel or rescind the contract? As Scott said, this is a common scam by dealers where they "yo-yo" you back and forth by selling you a vehicle then canceling the transaction. Many dealers do this when they do not have the legal right to cancel the contract.

    Are you looking to get out of the purchase contract?

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  • Is it legal for a dealer to say they got you a particular bank for your loan and ended being a loan agency.

    what should i do? they said i was approved by chase and 2 weeks latter i get a call from a small unknown loan agency that they picked up my loan

    Joshua’s Answer

    While it sounds like your question is related to a vehicle, it doesn't sound like it is related to the lemon law. Lemon law is generally for warranty-related issues. It sounds like you have a question related to the financing of a vehicle. Generally, when you purchase a vehicle on credit from a dealer, the dealer will sell your loan to any number of banks. This is called an assignment. As long as the payment terms to the new lender match your sales contract, this is a common and acceptable practice.

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  • Does the law state that the seller of a vehicle have to smog before selling car ?

    car was not smogged and now we are finding out that that it will take as much $ 500.00 to make the car pass smog

    Joshua’s Answer

    The first step is to check the BAR's website to determine the last known smog date. I've linked to it below. All you'll need is your VIN or your license plate number. Generally, smog certifications are good for 90 days. If the last known smog is more than 90 days before the date of purchase, you may have a cause of action against the selling dealer.

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  • Can I sue if dealer said car would boost credit and it didntand he lied about condition of car.

    When I bought thr car the the dealer said bank wanted me to put Down $3500 then make $217.00 payments every 11th. So come to find out no bank nothing on my credit no inquiry or nothing. the same first week i had the car the check engine light came...

    Joshua’s Answer

    Is this a Buy Here, Pay Here dealership? Meaning, do you make your payments directly to the dealer? If so, there may be some additional laws the dealer must follow regarding providing a warranty for the vehicle. It is especially troubling that the dealer claimed nothing was wrong with the vehicle and failed to give you any paperwork.

    You may consider getting an estimate from another repair facility or dealership to find out for yourself the extent of the problems with your vehicle. This may give you more information to make a fully informed decision regarding the vehicle.

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  • Is their any kind of Breach of contract, I don't want to get stuck with out any warranty??

    We purchased a 2000 Dodge ram 09-29-12 financed it for 30 months and added a warranty service $995 to the contract, a few days ago we received a Warranty cancellation letter from the Insurance Company, the dealer sent them a check months later & i...

    Joshua’s Answer

    If the dealer charged you for for a warranty that you didn't receive, then it sounds like the dealer committed a fraud against you. Our firm unfortunately has seen this sort of thing all too often.

    Is the dealer still in business? Have you contacted the dealer regarding the warranty issue?

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  • I signed a as is form but nothing was filled out about the car....transmission is now out after 2 days...any legal rights for me

    transmission out after only 2 days

    Joshua’s Answer

    Buying a used vehicle AS IS in California makes it pretty tough to sue over mechanical issues. However, as Attorney Kaufman stated, if it was a Buy Here, Pay Here dealership, the vehicle should have come with a warranty.

    You should figure out what's wrong with the vehicle first before you take any other steps. This will give you as much information as possible to make an informed decision. You should also try contacting the dealership to see if it will work with you regarding the repairs.

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  • Can I get partial of my money back if the car I bought from a private seller is a lemon?

    I bought a car from a private party, with the understanding that all the shocks have been replaced and the only thing wrong with it was it needed an alignment because the owner had run into a curb. After purchasing the vehicle I found out that it ...

    Joshua’s Answer

    Scott is right. While many people call cars that don't work a "lemon," the word lemon means something very specific under California law. Usually, the types of problems you listed don't fall under the protections of the lemon law. However, there could be some other laws that the seller violated.

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  • My son purchased a used vehicle from the Toyota dealer about a week ago. He has had nothing but issues with the car.

    The dealer indicated that they performed a safety check. First issue was with the tires that the dealer installed on the car, they were an incorrect size causing the wheels to roll over while driving. The brakes were rated at about 50% left on the...

    Joshua’s Answer

    Buying a used vehicle in California can be precarious. Generally, if the dealer sells the vehicle AS IS, it is very difficult to sue over mechanical issues. However, it sounds like the dealer made some representations to your son regarding the vehicle in the safety check. Did your son receive anything in writing regarding the safety inspection? Did he receive anything else in writing regarding the mechanical operation of the vehicle?

    Where did your son get the follow up inspection regarding the brakes? If there was a bolt missing, that indicates the dealer did not actually do a proper safety inspection.

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  • If i buy a car from someone who mislead me to believe it was in good condition can i sue?

    all the guy said was that it needed new tires and tags thats it. it turned out that the ac was leaking, the engine was burning oil and the clutch is messing up. also the stereo doesnt work, which he said it only needed to be connected, but it does...

    Joshua’s Answer

    Did you buy the vehicle from a dealer? Or from a private party?

    If it was from a dealer, what sort of warranty did you get? Was anything in writing? Unfortunately, buying a used vehicle in California can be precarious. You should probably have an attorney review the transaction to see what laws were broken, if any, during the transaction.

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  • Can i get out of a contract if the loan hasnt gone through?

    i bought a car from a used dealership and as soon as i drove off the lot going home the check engine light came on. the dealership said they will take care of it but they are acting really sketchy and unprofessional and now i dont want to go throu...

    Joshua’s Answer

    Buying a car in California is different than other states. When you sign the sales contract, the dealership is your lender. The dealership then has 10 days to find another bank to buy the loan. If it doesn't, then it can cancel the agreement. However, after the 10 days, it is a valid contract and you would have to make your payments to the dealer.

    This is a separate issue from the mechanical operations of the vehicle. Your ability to pursue the dealer for mechanical issues depends in part on what sort of warranty the dealer gave you. Did you buy the vehicle AS IS?

    Our law firm has handled many cases like this. Feel free to check our our website below.

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