by Paul MankinMy Car Dealer Demanded That I Return My New Car But Won’t Give Me My Trade-In Vehicle Back, What Are My Rights?
By Law Office of Paul Mankin of Law Office of Paul Mankin on Wednesday, June 28, 2017.
In California, if you recently purchased a vehicle with dealer financing, the dealer is allowed to cancel the contract within 10 days of the contract being signed. If the dealer chooses to cancel the contract within the time allowed, the dealer must give its customer back everything the customer provided to complete the sale. This means that if you traded in a vehicle to purchase the new car, then the dealer must give you the trade-in vehicle back immediately. If the dealer attempts to cancel the contract after 10 days, you are not required to return the new vehicle because the dealer waited too long to attempt to the cancel the contract.
Oftentimes, when the dealer cancels the contract it will say that the trade-in vehicle is already sold so it cannot be given back. Making this statement true or untrue is against the law. Most of the time the dealer makes this statement in an effort to force the customer into signing a new contract with a higher interest and higher monthly payment. Do not allow this to happen to you. If you are being contacted by an auto dealer about returning a vehicle that you recently purchased, it is best to contact an attorney to review your situation.
by Paul MankinMake Sure Your Hotel Room Doesn’t Have Bed Bugs
By Law Office of Paul Mankin of Law Office of Paul Mankin on Tuesday, June 27, 2017.
Here are the top four places to inspect for bed bugs when checking into a hotel room.
Hotel Closet:
Before moving all of your clothes into the closet and laying down in your hotel room, inspect the room for bed bugs and other vermin first. First, check the closet. If the closet is not well lit, use a flashlight and look on the shelves and floor. Also, if there any cracks in the walls, make sure to inspect all of the cracks and crevices. Bed Bugs are transported easily. If the bed bugs move from the closet to your clothes, you could easily bring them home with you.
Mattress Piping:
Bed bugs seem to congregate around the mattress piping. Remove the comforter and sheets on the mattress and inspect all along the mattress. There can be large clusters of bed bugs on the mattress when there is a bad infestation.
Bed Headboard
Next inspect the bed headboard. Even if you did not find bed bugs in the mattress they very well might be hiding in and around the headboard. Pull the bed out from the wall to inspect near the floor and the back of the headboard.
Nightstand and other Furniture by the bed
Finally, make a quick inspection of the nightstand drawers and around the backside of the nightstand. Bed bugs can easily travel from the bed to the nearby furniture.
While this inspection may not completely protect you from being bitten by bed bugs, it will allow you to discover a severe bed bug infestation.
by Paul MankinDoes My Car Sales Contract Allow The Car Dealer To Back Out Of The Sale?
By Law Office of Paul Mankin of Law Office of Paul Mankin posted in Consumer Protection on Monday, June 26, 2017.
If you recently purchased a vehicle and are now receiving a call or letter from your car dealer saying it wants the car back, check your sales contract to see if the dealer has the right to back out of the agreement. Typically, there is a provision called “Seller’s Right to Cancel” on the back of the long yellow copy of the contract you were given at the time of purchasing the vehicle. In California, this contract provision usually states that the car dealer has 10 days to back out of the agreement. Although this is a typical provision always double check your contract before returning the vehicle. If your contract does not have this provision or the dealer first contacts you about returning the vehicle after 10 days, you most likely do not need to return the vehicle.
by Paul MankinHow To Research If A Hotel Or Apartment Has Had Bed Bug Complaints?
By Law Office of Paul Mankin of Law Office of Paul Mankin posted in blog on Monday, June 26, 2017.
The internet has made it easy for customers and tenants to research and/or report bed bug issues with hotels and apartment complexes. If you have had a bed bug infestation in your apartment or have found bed bugs at a hotel room you have stayed at you can document your experience at bedbugregistry.com and bedbugs.net. Yelp.com is also a good site to document your experience with bed bugs. These sites are also great for potential tenants and hotel guests to research apartments and hotels prior to moving in or planning a trip to make sure that there have not been frequent infestations.
Additionally, in Los Angeles and Orange County if you have a bed bug infestation, contact the county health department to complaint about the infestation. Typically, the health department will send an inspector to the premises to locate and document the bed bug infestation. The health department has the power to order the landlord to eradicate the infestation or the landlord potentially faces fines or being shut down.
by Paul MankinIf The Automobile Dealer Cancels/Rescinds The Sales Contract, What Will Happen?
By Law Office of Paul Mankin of Law Office of Paul Mankin posted in Consumer Protection on Thursday, June 22, 2017.
If your auto dealer calls you within the 10-day period after signing the vehicle sales contract, the dealer has most likely lawfully cancelled/rescinded your automobile sales contract. What should happen and what does happen is often very different. What should happen is you give back the car, and the dealer gives you back any down payment and/or trade-in vehicle that you provided at the time of the sale. Basically, when you return the car, you should be given back everything you gave the dealer.
Most of the time the auto dealer does not want to give you back your down payment or the vehicle you traded-in. The dealer wants to try and make more money from the vehicle it already tried to sell you. The dealer will most likely first try to have you sign a new contract. This new contract might have a higher interest rate, require a higher down payment, or require a co-signer. These are all ways the dealer can increase its profit on the sale.
But, if the dealer cancels/rescinds the contract within 10 days, it is your choice whether or not to sign the new contract. If that is what you want to do to keep the car, you can sign the new contract and hopefully, this time the sale will be complete. But, if you do not want to sign the contract and you want all the money back that you gave the dealer and/or your trade in vehicle, the dealer must provide them back to you.
Many times dealers will not be honest with a consumer about their rights in this situation. A consumer might hear from a dealer that the consumer must sign a second contract, that the consumer will not be refunded the down payment, or that the trade-in vehicle has already been sold. These are all ways for the dealer to force you into signing the new contract. Remember you are not required to sign a new contract, and if the dealer refuses to give you back the down payment and/or trade-in, the dealer is breaking the law.
If you believe you have been a victim of auto fraud or yo-yo fraud, feel free to give us a call at 1-800-219-3577 to evaluate your situation.
by Paul MankinIs Your Car Dealership Demanding That You Return The Vehicle That You Just Bought?
By Law Office of Paul Mankin of Law Office of Paul Mankin posted in Consumer Protection on Tuesday, June 20, 2017.
Unfortunately, it is all too common for the following scenario to occur: a consumer goes to an automobile dealership, finds a vehicle to purchase, signs the paperwork, provides the down payment, and drives off with the car. The consumer believes he or she just bought a car and the sale is complete, right? But, several days or weeks later the dealership calls the consumer and demands that he or she return the car.
If this has happened to you, do you have to return the car? The answer is it depends. In California automobile transactions such as this are referred to as a condition sales, spot delivery sales, or yo-yo sales. Most dealership contracts state that the dealer has 10 days from the date of the contract to rescind/cancel the contract. If the dealer contacts within that 10 day period, then the vehicle should be returned. However, if the dealer contacts you after the 10 day period, then the dealer is not entitled to cancel/rescind the contract.
Dealers often contact consumers after the 10 day period demanding that the vehicle be returned. Most of the time the dealers are very aggressive and threaten consumers with repossession, a lawsuit, negative credit reporting, etc. in an effort to harassing consumers into either bringing the vehicle back or signing a new contract. All of these tactics are illegal and there are specific and strict consumer laws protecting consumers from this type of fraud and unfair and deceptive business practices.
If a dealer is calling you demanding that you return the vehicle you just purchase feel free to give us a call at 1-800-219-3577. We will be happy to explain your rights.
by Paul MankinWhat You Need To Know About Lead Paint In Your Home
On behalf of Law Office of Paul Mankin posted in blog on Friday, June 16, 2017.
The visible condition of the home you are renting may not be a guarantee that it is a safe place for you and your family to live. Lead paint can be a problem in homes built before 1978, and your landlord might not even be aware of it.
Having a professional inspect your home may be expensive, and your landlord may not want to foot the bill. However, this is an instance where it is worthwhile to investigate for yourself.
Learning about lead
Web MD warns that lead is toxic. Although anyone can absorb lead dust is in the air, very young children can suffer greater exposure due to putting contaminated objects in their mouths. Not only are they at higher risk, they also may suffer more damage because the lead affects their nervous system development.
Testing for lead
It can be a good idea to have everyone in your home screened for lead. Although a positive blood test does not automatically mean the exposure came from your home, it does indicate that you should explore the situation further.
Many do-it-yourself paint testing kits are successful means for identifying lead. Although they are not always easy to use, Consumer Reports states that home lead tests are worth the effort. There are two basic kinds, and that organization recommends you use both, as each may produce a false positive in different circumstances. A sulfide-based kit could give you a faulty result on dark-colored paint, while a rhodizonate-based test may result in a false positive if you are testing pink or red paint. By using both, you eliminate the most potential for error.
Telling your landlord
Although the state of California does not require your landlord to test for lead, once you show evidence that it is present, he should take care of it through removal or encapsulation. Because this may be a serious habitability issue, you may have legal options if your landlord does not take immediate action. You and your family deserve to live in a residence free from the dangers of lead.
by Paul MankinWhat Conditions Make A California Rental Legally Uninhabitable?
On behalf of Law Office of Paul Mankin posted in blog on Wednesday, June 7, 2017.
As someone who rents a California property, you have certain rights, and one of those involves the right to a habitable, livable space. Essentially, this means it must be fit to house human life and that it adheres to all building, energy and health codes designed to ensure safety and optimum health for the renting population.
Regrettably, not all rental properties meet these standards. Worse yet, some landlords downright ignore them. The following is a list of some of the things your rental unit must have to be legally habitable in the eyes of the law.
A safe electrical system
Your landlord has a legal obligation to provide you with a safe, functional electrical system that is in good working condition. This includes all lighting, wiring and related equipment.
Appropriate bathroom fixtures
Anyone who rents you a unit in California must make sure it has a functional toilet, sink, and bathtub or shower fixture. Furthermore, the toilet and tub or shower must be in a private, properly ventilated room that is separate from the rest of your living space.
Sanitary living areas and grounds
Your landlord, too, must make sure that your living quarters, the grounds directly around them, and your garage and other outbuildings, if applicable, are clean and sanitary. This means they must be free from pests (rats and other rodents, for example), trash and filth.
Working smoke detectors
If you rent in a multi-unit building, such as a condo complex or townhouse, your landlord must install a working smoke detector. If you live in a residential apartment building, smoke detectors must also be present in any community hallways.
While this list gives you an overview of some of the types of things your landlord has a responsibility to provide for you, it is not an exhaustive list. If your landlord does not meet these and other conditions, you may have legal recourse.
by Paul MankinDealing With Mold Problems In California Apartments
On behalf of Law Office of Paul Mankin posted in blog on Thursday, May 4, 2017.
Living with mold can create an unpleasant environment. Worse than the sight and the smell, however, are the potentially serious health problems that can arise. Many people, especially children and the elderly, can develop respiratory conditions and allergies. Some types of molds are toxic and can cause severe illness.
So, what can you do if you move into an apartment and discover the presence of mold? According to a recent California law, your landlord must disclose in writing the presence of mold that puts tenants’ health at risk. The California Department of Public Health takes the position that trying to determine safe levels of mold is difficult and unreliable. Rather, the Department considers any presence of mold or moisture unacceptable and urges landlords to remediate it as soon as possible.
Alert your landlord
If you notice signs of mold or dampness in your apartment or other areas of the building, let your landlord know at once. You can call the office, but you should also e-mail or write so that you have proof that you notified the landlord. Otherwise, the landlord may later claim he or she never knew there was mold.
Leave a paper trail
Hopefully, the landlord will react quickly, repair the source of the leak and clean up the mold. Unfortunately, many landlords drag their feet and let weeks or months go by without doing anything. Mold may fall into the category of problems that affect your apartment’s habitability.
Consult a lawyer about other remedies
Tenants whose landlords fail to make their apartments habitable may be entitled to withhold rent or to repair on their own and deduct the costs from their next rent payment. You should not try these strategies without speaking to an experienced attorney. Many tenants attempt these tactics without knowing the right way; the consequences of getting it wrong can be severe and even result in eviction. Your attorney can help you fix the problem safely and legally.
by Paul MankinCan I Take The Cost Of Repairs Out Of My Rent?
On behalf of Law Office of Paul Mankin posted in None on Tuesday, April 4, 2017.
You notice your refrigerator is not working well or your window lock is broken. As a responsible renter, you do what you are supposed to: Call your landlord and let him know about the problem. Then you wait. Days, then weeks pass, and the landlord keeps ignoring your calls.
Unfortunately, renters throughout the Los Angeles area can often relate to this scenario. When landlords fail to step up to their responsibilities, tenants want to know if they can repair on their own and then deduct the cost from rent payments.
Rules for repair and deduct
California law does allow tenants to repair and deduct, but only if they comply with a strict set of requirements. First of all, the broken item must affect your ability to live on the premises. Typically, these are items necessary for health, safety and reasonable comfort. Common examples include heaters, air conditioners, windows and locks. Additionally, if you want to deduct repairs, you yourself must not have caused the item to break.
Letting the landlord know
You also have to notify the landlord about the problems before you take additional steps. Some landlords will later deny that you called them on the phone and you may have no way of proving the conversation happened or what you said. Writing a letter listing the conditions, asking for repairs and offering to repair and deduct can help you prove you met the notification requirement. You may also want to take pictures of the broken items.
Allowing reasonable time to fix
After you notify the landlord, you must wait a “reasonable” time for him to fix the problems. Usually, a reasonable time means 30 days. However, if you cannot live for that long without the repairs, this period can end much sooner. For example, no court would expect a tenant to go for 30 days without hot water or electricity.
Using qualified repair people
When you carry out the repairs, you must use licensed contractors. Under no circumstances should you perform the repairs yourself, even if you are a licensed contractor. Make sure you get an estimate, an invoice and a final receipt in writing.
Repairing and deducting may be your only effective and legal option; however, it also comes with risks. If you have a problem with your landlord, speak with a qualified attorney who can protect your rights and help you do things the right way.