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Scott Richard Kaufman
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Scott Kaufman’s Answers

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  • Can VW legally report negative credit info, or repossess my car?

    I bought a 2014 VW diesel and financed through VW. After finding out that they had defrauded me, I sent registered mail demanding a refund. They have ignored my demand since January, yet sent friendly monthly e-mail reminders that my payment will ...

    Scott’s Answer

    Sorry for your problems. First, you are not paying VW. You are either paying the dealer you bought it from, OR some finance company they assigned to OR someone you borrowed directly from and your rights may vary depending on who holds the right to payment and how they obtained those rights. Second, if you have "revoked acceptance" of the car as to VW, they are supposed to, by law, especially in this case, buy it back from you. Their failure to do so may lead to civil penalties if you can prove you did this (and I'm sure you can) in January and they failed, in good faith, to buy it back. Third, regardless of your rights against VW, the current holder may indeed continue to demand payment, especially if you have not notified them of the issue(s). Most holders, even when notified will go and repossess the vehicle and ask for forgiveness later, while screwing up your credit in the short term. So, what your legal rights are and what actually happens most of the time in real life can vary widely. Good luck with it.

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  • What law protects me against being charged for a service that was not performed.

    I am a home owner and I have a First American Home Buyer Protection Warranty. My air conditioner does not work properly. The temperature never goes below 82 degrees, it's shutting down by itself every 2 hours, the air pressure is very weak, the ai...

    Scott’s Answer

    The first point of inquiry is whether you have a "service contract" or a "warranty" from First American Home Buyer Protection Warranty. The law gives different rights and remedies to each. If you had to make payment, it's typically not a warranty at all. So, in that case, you have very few rights.
    The next question is whether you have a warranty from the AC company. If so, they should send someone to fix. If not, you're back to the service contract company.
    IF it were me, I would get an independent opinion from a local AC expert and maybe even have them do the repair. I would then send the opinion to the service contract company OR the receipt for the repair to them, and demand they forget the earlier charge and pay the bill. If they refuse, I'd sue them in small claims court.

    There are other possible twists and turns, as there always are at law, but, for now, I'd stick to this level of inquiry.

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  • I bought a brand new car , but the dealer marked up the price on the contract

    Bought a brandnew car, but when I got home I noticed the prices was marked up so the instant manufacturer rebate didn't do me good but instead went to the dealer. 43k, they put down 44k coz the theres a 1k rebate! So in a sense I the rebate 1k goe...

    Scott’s Answer

    Here are a few relevant statutes. Dealer MUST sell at or below "advertised price" unless the advertisement is marked with an expiration date and indeed expires:

    Must sell at or below advertised price, even if purchaser does not know it (13 CCR §260.04 (b), Vehicle Code § 11713.1 (e)). If no price quoted to lessee, then “advertised price” is MSRP posted on the car. Lessor cannot refuse to lease to creditworthy person at advertised total price. Civil Code § 2989.4 (3).

    Bait and switch prohibited (Vehicle Code § 11713.1(o), Business & Professions Code § 12024.6, Business & Professions Code § 17500, Civil Code § 1770 (9)). For a good understanding of bait and switch read 16 CFR 238, et seq., “ bait advertising”.

    Cannot make any statement or advertisement containing false or misleading misrepresentations concerning the nature, extent, duration, terms, or costs of a guaranty of a motor vehicle part or component or repair service. (16 CCR § 3375, § 3376).

    If a dealer advertises an incentive like a manufacturer’s rebate (and the dealer is required to contribute to the costs), must disclose clearly and conspicuously that dealer participation may effect cost (Vehicle Code § 11713.1(s)).

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  • I am looking at an online school for par legals and wonder if the certificate and AA degree from this school would work for get

    Wondering if this would suffice to obtain a par legal position in a California law firm. The online school is Penn Foster.

    Scott’s Answer

    I would NOT bother going to paralegal school, unless, it was a course or two offered at a local community college. It would be expensive otherwise and often not worth the price paid. IF you are smart, organized and driven, you can do this job. Just get your foot in the door somewhere, they always need hard working smart people. They will recognize talent and train you. Good luck with it.

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  • Auto dealer sends me letter of rescission on my auto lease. Yo-Yo?

    I leased a car from a local dealer on 7/2/2016, leased through Ford Credit (according to the lease agreement). Dealer sends me a letter of rescission on 7/11/2016. Stating they "where unable to assign the contract to any of the financial instituti...

    Scott’s Answer

    Sounds like a Yo Yo to me. For anyone out there reading this, please view ALL of the following videos, for a bit of direction:

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

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

    https://www.facebook.com/168579333275486/videos/vb.168579333275486/806122612854485/?type=2&theater

    https://www.facebook.com/168579333275486/videos/vb.168579333275486/806126122854134/?type=2&theater

    https://www.facebook.com/168579333275486/videos/vb.168579333275486/806128956187184/?type=2&theater

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  • Does an AS IS purchase for a motor home dealer require disclosure of what they do know...if dealer brokered rv for commssion

    just over a year ago we bought a motor home from a dealer who brokered a deal between buyer & seller...no title transfer but an agreement to take over payments but the b of a actual lender was not involved and is not aware of the loan assignmen...

    Scott’s Answer

    There are a number of issues here, mainly, what duty did they owe you to save you from yourself? The wise thing to do here is to ALWAYS inspect prior to purchase of anything of value. I have a video linked here on the issue, for your future knowledge and for others who may read this:

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

    So, what you can you do now? Did they lie to you about the vehicle? Check the advertisements.
    If there was no misrepresentation, you likely have no claim. If there was, an active concealment is akin to fraud. This apparently happened in Nevada, so, your claim would be there AND their laws may be a bit more favorable to business than consumers, as compared to California.

    Good luck wtih it.

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  • My ex girlfriend owes me money, claims she got an abortion, and will sue me if I talk to anyone about it

    I loaned my ex girlfriend $2500 while we were together for her custody battle over her kids. We split up not long after but she had agreed to still pay me. She paid me $1000 with promise to pay the rest. She now claims that I had gotten her preg...

    Scott’s Answer

    Briefly, if you loaned someone money, they need to pay it back. If they fail to do so, it's a breach of contract. They would need a legal reason (excuse) not to pay. This reason, the one you are not supposed to speak of, it not a legal excuse. If it was an oral agreement, the statute of limitations on suing is 2 years from the breach, ie, the last time she paid. If the loan was a written agreement, you have four years before you lose the right to sue. Good luck with it.

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  • Are "NO REFUND" policies legal if no exchange in services ever took place?

    I applied to take a work-related course in Mexico with a San Diego-based U.S. based company. Unfortunately, my spouse and I are trying to have a baby and it is advised for us not to travel to places where we can potentially contract Zika virus. ...

    Scott’s Answer

    Adding to the other fine responses you've received, I'd strongly consider (and always do this in writing) asking as an alternative, if either YOU or THEY can find someone to fill the spot, so as to "mitigate" any potential damages on both sides.

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  • Gym keeps trying to charge me a year after cancelling my membership

    In july 2015 i cancelled my membership at this gym. I was provided a little yellow paper documenting my cancellation and it had the date and was signed by a manager. Thankfully i held onto this document. It wasnt until a few months after cancellin...

    Scott’s Answer

    Sorry for your troubles. As you can see, writings are important, even if here, they seem to be ignoring them. You've done well to keep records. This is an unfair debt collection action and if an attorney takes the case s/he should get paid from the Gym. The violation is simply asking for the money you do not owe.

    Here's a few short FB videos on the importance of writings (in a car deal context)

    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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  • How do I cancel signed contract that was misrepresented

    I signed a contract with credit card company without reading because my rep was "very busy". The agreement is nothing like what I was told. I never used or even took their equipment out of the box. Now they are threatening me with $1300 cancellati...

    Scott’s Answer

    This is not consumer protection but a business question. I am not confident there is a lot you can do short of having an attorney look at your contract and the applicable laws. I will re categorize for you.

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