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Scott Richard Kaufman
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Scott Kaufman’s Answers

8,015 total


  • How do I go about this situation?

    Hello I have a question and I dont know how to go about this situation... I bought a car from a private dealer and He told me that it was a clean title and that he had the title in hand, but instead of a title in hand he gave me paperwork to the D...

    Scott’s Answer

    First, you need to explain what a "private dealer" is. A private party sale could give you certain rights. A dealer sale could give you other rights. I've never heard of a private dealer, so, I am unable to respond with any helpful information.

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  • Can a car insurance company rescind their offer after the money was spent.

    My car was stolen a few weeks ago and not found within the time the insurance company had given it to be found before they would pay me 10k for it. The company then pushed me to return the rental car they had given me by that Wednesday and buy a n...

    Scott’s Answer

    Very good question. I would say if you "accepted" their offer, they have to pay. BUT, I do not handle insurance law/claims. Others will pop in and opine soon, I'm sure. I would also argue that you can rescind the new car deal, but, I think dealer would be pretty unhappy about it.

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  • I was summoned as a defendant in a car accident that I had nothing to do with.

    I was recently summoned as a defendant in a car accident that i have absolutely nothing to do with. The summons says the car accident happened two years ago. This totally came out of no where. I honestly have no knowledge or know nothing of this...

    Scott’s Answer

    Summons is pretty serious. I'd convey it to your insurance company and let them convey it to other side.

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  • My parked car was damaged in a hit and run.

    Me and my friends and some other customers were at the outside patio of a pub and saw a car back right into my car and take off. There was extensive damage to my car. None of us could get the plate number. What we do know was that the driver an...

    Scott’s Answer

    About 30 years ago I had a similar situation BUT I was driving and the hit and run crook ran away. I was devastated. I had no money and now, no car. I heard about the victims of violent crimes fund and was told it kicked in on hit and run matters. The information, at the time, was accurate and the help was life saving, covering a decent amount of my medical bills and giving me enough money to get a new (not brand new) car of similar value to mine. Without them, I may have ended up living on the streets!

    Here's a link: http://vcgcb.ca.gov/victims/

    Good luck with it.

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  • How much should i get back from an acciedent?

    Ok so i bought a car from a used car dealer (bmw 07) , and 3 months later someone hit me from behind on a freeway with my 2 kids So my insurance declared my car a total loss hince told me copart would aution out the car now they are telling me t...

    Scott’s Answer

    Most policies only pay the value of the vehicle at the time of the accident. IF you paid too much for it OR you brought in a lot of negative equity at the time of the purchase, like you owed money on your trade in, you are pretty much screwed here. Still, assuming you have decent credit, you will not need much down to get another car. Even folks with poor credit can get a car these days, unfortunately, at a higher interest rate. Perhaps something not quite as nice as a BMW is now in order? Make sure that when you make the purchase, you have the car inspected BEFORE you sign papers and drive it off the lot! Here is a short video on this issue:

    https://www.facebook.com/168579333275486/videos/vb.168579333275486/785421544924592/?type=2&theater

    Lastly, it is possible, since car dealerships are built on fraud, that you were cheated in your car deal?
    Have a consumer protection attorney review your sales paperwork. Perhaps there is an error in these which could get you some compensation from the deal?

    Good luck with it.

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  • Do I have any recourse against a car dealership that I feel misled me into buying additional products?

    I recently bought a car from a dealership that said that in order to receive 0% APR financing I had to purchase an extended warranty and an after market car alarm. I specifically asked the finance guy if the only way I can get the 0% APR is to bu...

    Scott’s Answer

    You DO, BUT, like many things in the law, it is rarely black and white. You see, imho, the auto sales business is legalized racketeering and the business model is based on cheating the consumer. This means they have 50 million ways to "get you" and depending on how hardened you are, you will be somewhere along the "gotcha" continuum. They also have a further, gotcha, after we gotcha, built in. This may be the most scary thing of all, as the law and order folks, who supposedly protect our Constiution, have allowed Auto Dealers (and credit card companies, cable tv, large employers and more) take away your Constitutional right to a jury trial, by allowing a separate private system of "justice" replace our courts. This separate private system was originally put in place to allow businesses to "arbitrate" their differences, as they are essentially seen as being on equal footing, business to business, but, somewhere in the late 80s to early 90s when SCOTUS took a huge "right turn" in their decisions, they began to allow this private system to replace the public one, you know, the one with too many frivolous lawsuits, and so began the loss of this important Constitutional right. Now, those businesses can demand you (and likely your car dealer did this) give up your right to sue in a court of law and they get to, wait for it, PAY THE JUDGE in the private system, who, not surprisingly, likes being paid, so, this person, who is not required to follow the law and who is virtually non-appealable, tends to rule in favor of those who pay him/her. So, "the system is rigged" yup, in oh so many ways, and it's very tough to get the justice you are entitled to. They also, almost assuredly, in the fine print, took away your right to participate in or be the lead plaintiff in a class action against them. I'd think, otherwise, class treatment would be best for your situation.

    So, the best result for you, is likely, to cancel the service contract, in writing, to get a 100% refund on it. Tell the finance company, in writing, what happened. Tell everyone on YELP what happened and spread the word to local news agencies, throw away papers and anywhere else, Google, RipOffReport and more, that can hurt them...

    Good luck with it.

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  • Does California have a lemon law if you purchase a used car off a car lot?

    My 18 yr old bought her first car off lot put down 2,000 cash and traded in her 2000 Ford Taurus for 500 got full coverage insurance for 3 months drove car maybe 10 days off and on been toke back to carlot 5 times and still has same problem was ...

    Scott’s Answer

    Sorry for your troubles. There is a lot to be said here:
    1- ALL states, via the Magnuson Moss Federal law have used car lemon laws, since MagMoss is the law of the land.

    2- CA has multiple laws that may apply and here are two videos on the subject:

    https://www.facebook.com/168579333275486/videos/vb.168579333275486/801886789944734/?type=2&theater

    https://www.facebook.com/168579333275486/videos/vb.168579333275486/801888159944597/?type=2&theater

    3- If it is a "buy here pay here" lot they must give a 30 day 1,000 mile warranty.

    4- If they knew or should have known it was a trouble car, you may have claims too.

    Lastly, it is important to ALWAYS inspect before buying. This goes for all of you reading this post as well:

    https://www.facebook.com/168579333275486/videos/vb.168579333275486/785421544924592/?type=2&theater
    Good luck with it.

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  • Bank repo my car without giving any notice or any letter for payment default

    bought the car but never received the official letter from the bank saying this is the account number to make payments and suddenly after 2 months someone came and took the car from lot .. even that they didn't sent any paper work to get the car o...

    Scott’s Answer

    To be clear, "suddenly" and "2 months" are definitely not the same thing. Any requirement that "notice" be sent prior to a repossession, is likely waived in the language of the contract itself. Without seeing the contract, one cannot know for sure. The contract almost assuredly says on the top right hand corner that the seller is extending you credit and the seller who is entitled to be paid. If you had not heard from any finance company, then you should have made payment to or at least reached out to the seller, to either pay seller or see what was happening. This was not "sudden." Now, that all said, it's possible you still have claims OR at least defenses against any further money coming out of your pocket.

    1- Often, I'd say, 60% of the time or more, car dealers make "mistakes" in their contracts. Whether the misake was by accident OR on purpose, it is often actionable. So, having a consumer protection attorney review your contract and all salses related paperwork, may be wise.

    2- Post repossession, they are required to tell you who has the car, inventory your things and give you notice where you can get your things and how much it will cost you to do so.

    3- Post repossession, they are required to send you a Notice of Intent to sell (NOI) which will tell you how you can "reinstate" the loan or redeem the vehicle. They have 60 days to do this, but typically, will do it in 30 days or less, to keep things moving. Commercial Code § 9612. The NOI must be precise as place, phone and numbers required to get your car back AND it must offer you 15 days to act and another 10 day extension upon request.

    4- When the car is sold, they need to give you back any surplus, IF one exists.

    So, at a minimum, if you have not heard from them as to where the car is and where your stuff is and how much it will cost to get your stuff and/or your car, you WRITE to them and note you have not received the inventory and have not received the NOI and you believe you are entitled to each, immediately. IF you call them ever and talk to them ever, follow up with a writing to create a record.

    I've posted a few instructional videos below for you and other readers of this thread, to understand the importance of writings in protecting yourself.

    https://www.facebook.com/168579333275486/videos/vb.168579333275486/840355856097827/?type=2&theater

    https://www.facebook.com/168579333275486/videos/vb.168579333275486/840362309430515/?type=2&theater

    Good luck with it.

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  • Unreturned remainder of retainer from slacking private investigator

    I hired a private investigator about 3 months ago. Since then the only thing he's done is 1 surveillance, a background check, and got a declaration from a witness. (Child custody case) I gave him a $2,500 retainer. Last he told me is that we've us...

    Scott’s Answer

    Demand a bill/statement. Note in the demand what was said a few weeks back and his reluctance to get back to you. Then, depending on the response, plan further action. I'd have your family law attorney involved in this.

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  • Damages for emotional distress and fraud with primary claim of breach of contract.

    A company breached the contract with me by not delivering cerian goods to my remote location,and tried to defraud me into believing that they performed ( it was not mere negligence, for which I have proof) which led to minor consequential damages ...

    Scott’s Answer

    I am unfamiliar with "cerian" goods.
    I also do not recommend you be your own attorney.
    Hope this is somewhat helpful.

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