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Scott Richard Kaufman

Scott Kaufman’s Answers

8,120 total

  • I left my car at an auto body shop 30+ days. Decided not to fix car there. Can owner take parts off and not put them back on?

    I took car to a "friends" body shop but decided to collect the cash instead of making the repairs. The owner at first said he was putting a Lien of Sale on the car then he said I could pick it up after paying the storage fees. I drove the car ther...

    Scott’s Answer

    Essentially the rule of law is as follows:
    IF you leave the vehicle at a shop for some extended period of time without his permission, he can start charging storage fees. IF you do not pay the storage fees, he can slap a lien on the car. IF you continue to fail to pay the lien, he can (with notice) sell the car. Taking pieces off of the car is not part of the equation. BUT, as you've heard since you were two years old, "possession is 9/10ths of the law." So, he sits in the catbird seat even if he is wrong. My best thought is that a strongly worded letter from an attorney would bring this guy back around to reality, as he may be facing a lawsuit and having to pay thousands, if he loses OR if he wins. Find a consumer protection attorney to write that strong note for you if you wish to fight this.

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  • What personal information must I give a potential landlord of small office space?

    Starting a small one-person therapy business and when looking at office space was given an application asking for 3 years of taxes and specifics of personal assets (homes, vehicles, jewelery, computers, artwork). Not that I have much, but I don't ...

    Scott’s Answer

    I'd say these are two questions:
    Q1- What info do I need to give?
    A = Whatever YOU feel comfortable giving.

    Q2- What info can they ask for?
    A= I am unsure, but, there ARE limitations, for instance, they cannot ask about your sexual orientation, your geneological history and more.

    Check with CA Fair Housing to see what they can and cannot ask...

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  • Do I have a cause of action against a car dealer?

    In May, 2016 I purchased a used car from _______ Auto Sales located in California. I paid a down payment that was approximately 80% of the purchase price (by my own choosing) and the dealer financed the outstanding balance of $2000.00, which was ...

    Scott’s Answer

    Based SOLELY on the facts you note:
    1- The text messages are a violation of the Rosenthal Unfair Debt Collection Act, as you do not owe the dealer any money. That said, if you are not paying, I'd strongly consider fixing that issue asap, so, you do not lose the money you've put down to date.
    2- Get the dealer's promises to fix in writing. IF they will not do so, YOU write it. Send them a letter saying, "you promised to fix, but, you ahve not lived up to your promise. When can I expect you do to so?" OR something like that.
    3- You can fix and then sue them for the $$$ which is the quickest, easiest least painful way to go.
    4- Get ALL documents and a full narrative to a consumer protection attorney for a no fee review and more potential claims/strategies.

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  • Can I be bound by a clause in a lease agreement which I actually never had a chance to read and understand?

    I remember something called contract of adhesion. Am I bound by the fine print in such contracts? When may I be excused from the effects of such clauses? Or am I totally bound by it simply because I signed the contract. Please advise.

    Scott’s Answer

    To answer your question accurately would require an attorney to actually read the contract, all clauses and ask about surrounding events. It's almost like asking someone to describe how Willie Mays made that great over the shoulder catch in the Polo Grounds, IF that someone had not seen it either in person or on video tape. It simply cannot be done, although, it could be guessed at. Generally, if you signed a contract, you are presumed to have read it and understood it. Both of those things can be an excuse to get out of the contract, if the excuse is believed. Other "excuses" exist at law too. Still, no way to truly answer your question.

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  • Can someone claim breach of a written contract against me without a written, signed contract in hand?

    Can someone sue me for breach of a written contract without a written contract? All this person has is a couple pages of what he claims was PART of the contract. Those pages don't have my name on them, and there is no signature page or signatur...

    Scott’s Answer

    Yes but that claim as stated should be a loser. It's entirely possible that once the claimant believes it's a loser here she changes the claim breach of oral agreement and that claim could be a winner! Good luck going forward...

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  • Are there restrictions as to how much a tow company can charge for tow and storage for a police pickup when car is unable to be

    Retrieved. Seems like $2000 is the going rate. Even though they get to sell the car. I was hit for two cars. Stupid violations too. I could not afford to pick up. So now $4000 later. ??? Credit is shot. Sucks.

    Scott’s Answer

    Std. non-law enforcement tow should be max around $500.00. Not sure about one related to law enforcement. Sounds like impound amounts (30 day hold for instance) may be your issue and not cost of tow?

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  • What are my legal options?

    I purchases a vehicle in Feb. from a private owner with the written agreement that he would smog it, 5 failed attempts to smog it were made. The vehicle is still not smogged and now not running and I am unsure if the problem could have anything to...

    Scott’s Answer

    In CA regardless of who pays or what is promised, seller must smog prior to sale.
    You have two options, A- sue to unwind the deal; B- Fix and sue for cost of fix. No guarantees how either one would work out, but, those are your options, other than seller voluntarily agreeing to do A or B above.

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  • Can I junk a car with a lien on it legally?

    I have a car financed through Lobel Financial in California that recently developed an engine problem that will require $8,500 for a new engine. I cannot afford this so the car needs to be junked. I contacted Lobel regarding a voluntary repossessi...

    Scott’s Answer

    Depending on when you bought it and what was promised and how much you owe on it and when the problem developed and a number of other factors, like the warranty it came with and how the paperwork was filled out, you may have a legal "excuse" to get out of the contract. There can be more than one way to skin a cat...

    Good luck with it.

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  • Is it normal to sign as a personal guarantor for a commercial lease for a restaurant?

    My LLC is taking over a lease for a restaurant but the landlord requests that I personally guarantee the lease liabilities. Is this normal? Does it circumvent the liability safety nets of the LLC? Thanks!

    Scott’s Answer

    I'd say, "yes" and "yes" to the questions you've asked.

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  • Can I take this car?

    Okay, so I am 18 and am currently having a falling out with my father. We recently bought a car for me, using my old car in my name as a trade in and he paid for the rest. However, we have my received the title yet, but his name is on the buyers t...

    Scott’s Answer

    Legal answer (without knowing more is tough to give) is not always as important as "real world answer." Based on your post it is likely better to work on your falling out. Long term over short term, that's the way to go. Someone who's apparently been there for years and was certainly there for you recently by your admission, is worth keeping around long term as compared to fighting/escalating over a material possession short term. Good luck with it.

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