How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Richard Your Own Question

Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 46286
Experience:  Attorney with 29 years of experience.
17027240
Type Your Legal Question Here...
Richard is online now
A new question is answered every 9 seconds

RA-JM

Customer Question

I am a otherwise intelligent single mother, concious consumer, employed at a local college..i give this info as my disclaimer...saturday I purchased a car, from a guy who had several cars. The one I originally called about was sold when i got there, so he offers up this other one, its wet when i get there, im thinking hes getting the dust off when it dries later at my house i see hits been in an accident, the front left panel is diff color and barely attached! Rewind, two of the cars were at his house, so thats where we signed the contracts. I signed a arbitrary agreement or whatever, but when i looked up consumer law it says that on the rare occasion a contract is signed in irregular place ie:your house, the woods etc..so I try calling and by early 3rd day i send a contract cancellation via american telegram. they left it on his vm and delivered and finally got it signed today..day 4, but they say that the contract is cancelled as of when they spoke with him yesterday and delivered and so forth..now he calls me and says he will fix the 4 main things about the car and that il lose in court and he wants to do me a favor..does the law about the signing of contract in the house work in my favor forreal or should I just take what he is saying and he wants me to type something up and sign it that says once he fixes these things that we are settled...but i still owe 2500.oo on the car, that i was set to pay off in 7 months, but if i can actually get out of this contract...id rather do that...Help..please and thank you
Submitted: 1 year ago.
Category: Legal
Expert:  Richard replied 1 year ago.

Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good evening. You can get out of this contract. A seller is
obligated to disclose anything the seller knows or should have known that a
reasonable buyer would consider material in making the decision whether or not
to buy the car. Having been in an accident would qualify
as something that a reasonable buyer would consider significant. In such a
situation, a buyer does have recourse.
If a seller is not willing to remedy the situation by rescinding the entire transaction and refunding the
buyer's money, the buyer can file a claim not only as a breach of contract
case, but also as a deceptive trade practice action, which will entitle the
buyer not only to actual damages, but also an additional amount equal to 3
times that as punitive damages. That typically provides plenty of incentive for
the seller to settle this on the buyer's demands rather than to face the
possibility of these punitive damages; but, if it does not, the buyer has the
right to file the suit.





I hope this
has given you information that has been helpful to you. If the information
seems
more general than
specific, please be aware that we are only allowed to
provide information
and not
specific advice.
If you
have a follow-up question, please remember that there might be a delay between
your follow up questions and my answers because I may be helping others or
taking a break.



If you do have any additional questions about my answer
please simply ask a follow up question without rating so I can provide
you with a fully satisfactory answer.
Please be aware that any rating of 1 or 2 is
reflected as a negative rating, reflects negatively on my performance, and I
receive no credit for my answers.





Thanks for allowing me to be of service to you. Please be
aware that the information provided here is not legal advice. Rather it is
simply general information. All states have intricacies in their laws and any
information given is simply information only and specifically is not


intended to be, nor does it constitute, legal
advice. This communication does not establish an attorney-client relationship
with you. I hope this answer has been helpful to you.





Expert:  Richard replied 1 year ago.


Hi there. I have received a response that indicated that you
considered the service provided to be poor.
My goal is to provide an answer that completely answers your questions
and I strive to achieve that goal with each of my customers. I took the time to answer your question and
I feel that I answered your question thoroughly, completely, and accurately
within the confines of the limitations of both the law and JA.
If you
feel that I did not fully respond to all your questions, please let me know how
I can supplement my response to provide you a completely satisfying response. I
recognize the answer might not be what you hoped it would be, but if there is
any question left unanswered, please let me know. Otherwise, I would appreciate it
if you would consider changing your rating.
Please
be aware that any rating of 1 or 2 is reflected as a negative rating, reflects
negatively on my performance, and I receive no credit for my answers
. If
you have no further follow up, I would appreciate you reconsidering your rating
so that I get credit for the service I provided you in answering your question.
Thank you!

Customer: replied 1 year ago.

Sorry..but my question was mainly to do with the mandatory arbitration form i signed, which prevents one from being able to sue as they normally would be able to do.

Expert:  Richard replied 1 year ago.

First, the mandatory arbitration clause is not likely to be enforced due to the fact that the seller engaged in a deceptive trade practice giving you the right to rescind the entire transaction including deeming the contract itself null and void. Second, if you did decide to go to mandatory arbitration, your cause of action would be the same....fraud and deceptive trade practice giving you the right to force the buyer to take the car back and refund your money...the law is the same, it's just that an arbitrator makes the ruling rather than a judge.

Expert:  Richard replied 1 year ago.
I would appreciate understanding how I am not addressing your question. Please let me know specifically so I can help you and provide you information you find satisfactory.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.