Alicia L. Hinton, Esq.
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Alicia L. Hinton, Esq.

Fighting for your rights, the right way.

Absolutely the Worst Advice I Could Give!

9/16/2018

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​This is the worst, absolutely THE worst advice I could give you.  You hear this all the time, and it seems like GOOD advice. So, why do I say it is the WORST advice?  Because it pains me to look into my crystal ball and know that you will NOT take it.  It’s also the worst advice because if I give you this advice after you buy a piece of junk, then I sound like an “I told you so” nag.   Of course, I'm going to give it to you anyway, but you're putting me in a real bind by not taking it.   How do I know you won't take my (and every other lemon law attorney's) advice?  Because you’ll be in my office (or theirs) asking for help to get you out of the sale. Maybe we can help, and maybe we can’t.  

​Here goes...
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​​GET YOUR USED CAR INSPECTED
BEFORE YOU BUY IT.
​That's it - that's my very best and worst advice. It bears repeating: 
                         Get your used car inspected before you buy it!

Now, rather than leaving my blog on such a negative Nelly note, I thought it might be helpful to talk about the psychology of why people feel so uncomfortable asking the seller if they can take the car to their own mechanic for inspection. (This is arm-chair psychology since I’m not an actual psychologist but attorney's are also known as “counselor” so I'll take my leave.)
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​First, people do not like conflict and setting a boundary with the seller is uncomfortable.  You’ll likely get a lot of push back: “I already inspected the car and it runs fine.” “Don’t you trust me?” “Just sign the papers first and you can take it to a mechanic. If there is a problem, I’ll take it back.”  “You can’t take the car because it isn’t insured.”  “I’ve shown you the Carfax already and it says there aren’t any problems.”  And on and on.

What a normal car buyer might think is, “Lordy, just get me out of here.” “I’ll just sign so he shuts up.”  “Well, he sounds honest.”  “He said he would take it back.”  “I’ve already taken his time, so I have to buy it now.”   All of this push-back is really just to bully you, distract you, and make you uncomfortable.  Sellers WANT you uncomfortable. 
​Second, people don’t often buy cars and don’t really know what their rights are or what is normal.  Let me assure you, IT IS A NORMAL REQUEST to seek a second opinion BEFORE you buy a car.  NORMAL, I say. 
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Call your own insurance before you buy a car to make sure you would be covered driving someone else’s car to your mechanic.  You are likely covered. If the seller wants to drive the car to the auto shop, great. Just don’t let them hang out with your mechanic.  Even though it is their car, you are paying for an independent inspection and don’t need the owner  badgering the mechanic.
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While you are at the mechanic, run your own darn Carfax or Autocheck report.  Do NOT rely on what someone else gives you. It is worth every penny, just like paying for your mechanic to look over the car.
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It is also NORMAL to ask for a WRITTEN receipt that includes each person’s contact information (phone AND address), the date, the amount paid, the year, make and model of the car, and both signatures.  It is also NORMAL to ask for a warranty in WRITING. One day, two days, one week, whatever, and the major systems covered (like powertrain and engine). The seller might say no, but it is normal to ask. And keep in mind, if the seller says no there is a reason.

Also run the vehicle’s smog history to see when it was last smogged.  A private seller MUST have the car smogged within 90 days prior to its sale.  A used car dealer must smog it sometime between when he acquires the vehicle and sells it (which could be more than 90 days).

Check the smog history for free at
 https://www.bar.ca.gov/pubwebquery/vehicle/pubtstqry.aspx. ​
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​Third, and this might be hard to hear, I believe that BUYERS don’t want to know!  It is exciting to buy a new-to-you car and it looks great. (They all LOOK great.)  Be honest, perhaps YOU don’t want to bother with the adult responsibilities that go along with car buying.  That’s right – I said it, from my armchair.  I believe it is better to look yourself in the mirror and fess up before buying a car.  If you just don’t want to deal with a second opinion or Carfax or written receipt, fine.  Just don’t raise the victim flag when your new car breaks down a mile (or a block) away.  It’s annoying. (Thus the whole point about giving you the worst advice.)
​There is one ADULT requirement that you should know about.  If you buy from a private seller, YOU are required to report the sale to DMV within 10 days of the purchase date.  The seller signs over the title (pink slip) to you and you notify DMV of the sale.  If you buy from a used car dealer, the dealer is supposed to report the sale to the DMV.

Being better informed, empowered, and a bit more self-reflective, we can close this counseling session and I will hang up my psychologists hat ...
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Brand New Car Has Pre-Existing Damage?

9/14/2018

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You bought a brand new car with that new car smell and can't wait to drive around town and show it off a bit (or a lot!)

Somewhere along that drive a friend says, "Hey, did you notice THIS?"   

"WHAT?!" you say.   

​And there IT is - a funny patch of paint, a dull spot, a dimple.  And your brand new car bubble deflates.  How can this be?  This is supposed to be a brand new car!
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​A new car may be damaged during transport or on the dealer’s lot prior to sale. If the damage is minor, a dealer is not required to inform you.  But a car dealer is required to disclose pre-existing damage prior to selling the car in the following circumstances.  
(1) Damage to the frame or drive train. 

(2) Damage to the suspension requiring repairs other than wheel balancing or alignment. 

(3) Damage that occurs in connection with a theft of the vehicle. 
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(4) Damage requiring repairs, including parts and labor, that exceeds the greater of 3% of the manufacturer’s suggested retail price or $500.
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​For example, $1,500 is 3% of a vehicle with an MSRP of $50,000. Thus, if the repair cost exceeds $1,500 the dealer is required to disclose the damage to you prior to signing the purchase contract.

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Well, don't you think the dealer is going to fix it himself and under charge for that repair to keep it under the 3%?    Hmmmm......

Sorry folks. The calculation is based on the dealer's reported cost to repair. If it is obviously a much greater repair, then you may need to have the car inspected to determine what is a realistic repair cost and take the dealer to task.  If the dealer refuses to buy it back, you might want to contact an auto sales fraud attorney. (Hmmm.... now where would you find one of those?)

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    Alicia L. HintonClients’ ChoiceAward 2018


    ​Author

    My goal is to help you avoid common car sales scams, educate you about your rights, and teach you to walk away from a bad deal.

    And, I get to vent about my pet peeves and those times when I think....  aaaaggghh, don't do that!

    I have a playful sense of humor.  Please take my blog posts with a grain of salt. They'll taste better that way.

    If you want legal advice, it's not here.  But you can fill out the Contact page information
    or call my office at
    ​(559) 691-6900.

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The content included in this blog site is not legal advice and does not create an attorney-client relationship. It is improper for any attorney to  guarantee or predict the outcome of a potential client’s case.  

If you are interested in a consultation, please fill out the contact page information or call (559) 691-6900.

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2016 by Law Office of A.L. Hinton.
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