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omgitstheinternet
Apr 28, 2005

Money, Clothes, and Hoes;
All a Nigga Knows

nm posted:

What paperwork did you sign and was it as-is?
As-is does not protect a dealer in case of fraud, but the question is did this dealer actually know the extent of the damage? Did they claim to have inspected the car, etc?
If your damages are actually $10,000, you probably want to consult a California attorney ASAP to go over your options, if any. You very wel may be poo poo out of luck.

Also, no offense, but you really bought a $30,000 obscure car without an independent PPI?
Also, carfax/autocheck is a black list, not a white list. It tells you what to avoid, not what to buy.

It was indeed as-is, but the dealership did claim to have inspected the vehicle, along with a few other claims like an oil change that turned out they didn't do. I definitely should have done the PPI, I was lazy, there were no dealerships that could have done one anywhere in the area and as this was a major impulse buy (well, impulse trading of my other car) I just wanted to drive home in it. As someone who has bought 28 cars in my life I am very embarrassed by this whole thing. I am going to contact the dealership and see what they have to say, and depending on how that goes I may very well be contacting an attorney, although I believe I did sign in the contract to agree to arbitration if there are any disputes, not sure how that affects me really. Wow, don't sign poo poo you don't understand, don't buy cars you haven't had inspected, I am just learning life lessons all over the place here.

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nm
Jan 28, 2008

"I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."
If they actually claimed to have inspected the vehicle you may have a leg to stand on. Talk to a lawyer. There's quite a few who specialize in lemon law type law, which while this wouldn't fall under it perfectly is about as close as you will get.
The arbitration clause will not be the end of the world. Go talk to a lawyer, even in arbitration you want a lawyer.

I would not contact the dealer first. Saying the wrong thing or agreeing to something could hurt you long term. There is no way in hell this dealer is giving you $30k for this car just because you asked.

nm fucked around with this message at 07:54 on Jun 1, 2013

omgitstheinternet
Apr 28, 2005

Money, Clothes, and Hoes;
All a Nigga Knows
Thanks for the advice. I will speak to a lawyer right away and will stay away from the dealership for now.

I do have another quick question: The car I traded in had some aftermarket parts on it, I offered to swap them back to the stock parts but they said they would do that for me and then give me the aftermarket parts back. It's been 2 and a half months and I still have not been able to find out if they have been removed and are ready for pickup and I think they may be trying to keep them. Its about $800 worth of parts and I would really like them back! I signed something saying I would give them the stock parts but I don't remember if it explicitly stated that I would be getting the aftermarket ones back, although that was absolutely the agreement and they claimed multiple times afterwards that I would get them back as soon as they're ready. Since nothing was signed in paper can they just tell me to gently caress off and keep them? This obviously is not a huge concern to me right now in light of everything else going on, and if I don't get them back it wouldn't be the worst thing in the world, I'm just wondering if there's anything I can do if they just say no, I can't have them back.

Alchenar
Apr 9, 2008

beejay posted:

Wait, you want someone's dog to die because it bit your thumb, I just want to be clear. Has the dog bit a bunch of people?

Seeing a dog attempt to attack a child gives you a pretty solid moral duty to bring it to the attention of your local animal control authorities.

euphronius
Feb 18, 2009

Added Space posted:

Neighbors told me this was the third attack. I did mention it also bit a kid I was with, and this was after he ran across the street to get away from it.

Get a lawyer if you haven't already. Write down exactly what your neighbors told you and when so you don't forget.

jassi007
Aug 9, 2006

mmmmm.. burger...

beejay posted:

Wait, you want someone's dog to die because it bit your thumb, I just want to be clear. Has the dog bit a bunch of people?

Dogs that bite not out of defense, ie you came in its area, that come off their own territory to attack are almost always going to have permanent aggression issues and should be put down. If anyone owns an unleashed / unchained dog that can get off its owners property and bite two people, that should probably be taken care of asap for public safety.

Added Space
Jul 13, 2012

Free Markets
Free People

Curse you Hayard-Gunnes!

euphronius posted:

Get a lawyer if you haven't already. Write down exactly what your neighbors told you and when so you don't forget.

I wrote up a report already. I'm going to take it to animal control on Monday along with photos of my thumb.

Gounads
Mar 13, 2013

Where am I?
How did I get here?

omgitstheinternet posted:

Thanks for the advice. I will speak to a lawyer right away and will stay away from the dealership for now.

I do have another quick question: The car I traded in had some aftermarket parts on it, I offered to swap them back to the stock parts but they said they would do that for me and then give me the aftermarket parts back. It's been 2 and a half months and I still have not been able to find out if they have been removed and are ready for pickup and I think they may be trying to keep them. Its about $800 worth of parts and I would really like them back! I signed something saying I would give them the stock parts but I don't remember if it explicitly stated that I would be getting the aftermarket ones back, although that was absolutely the agreement and they claimed multiple times afterwards that I would get them back as soon as they're ready. Since nothing was signed in paper can they just tell me to gently caress off and keep them? This obviously is not a huge concern to me right now in light of everything else going on, and if I don't get them back it wouldn't be the worst thing in the world, I'm just wondering if there's anything I can do if they just say no, I can't have them back.

You signed away a car, and didn't get the fact that they owed you a bunch of parts in writing? Sounds like you got double-screwed.

Phorphetob
Nov 28, 2004

by Fistgrrl
Thanks for the help, assholes. I guess that the stereotype of lawyers being douches is true.

(USER WAS BANNED FOR THIS POST)

Phorphetob fucked around with this message at 20:00 on Jun 3, 2013

Javid
Oct 21, 2004

:jpmf:
Move.

goku chewbacca
Dec 14, 2002
Looks like you made improvements to the property for your own use and enjoyment, including some landscaping and a vegetable garden. Now Dad is asking that you at least pay the utilities in a house he lets you live in rent-free? And he has the gall to expect his handy-capable son to reach under the kitchen sink and tighten the faucet that isn't leaking?

You don't have to be a lawyer to see that your options are to clarify whether the utilities were included in the offer for free housing, and if not, pay them or don't and move. And decide whether he wants to work for the family business.

Emo Rodeo
Dec 28, 2006

This is one mystic quest

Phorphetob posted:

Location: Indiana
Situation: My boyfriend and I live in a house owned by his father. My boyfriend works for his family business and when he moved back to Indiana for the job, it was agreed that part of his compensation would be that he could live in the house for free. It was not written down or anything but it was part of the verbal agreement that he would be receiving this in compensation. His dad is now trying to force us to take all the bills into our name. He is demanding that we purchase a lawnmower to mow his lawn and that we perform the upkeep on the house. The house does not have a washer or dryer nor is it set up for that. The faucet in the kitchen works but is functioning but no longer sealed to the sink.

We have also helped improve the property value at a cost to ourselves. We made all of this ourselves and paid for all materials and tools.

http://parrotsalad.com/?attachment_id=146
http://parrotsalad.com/?attachment_id=145
http://parrotsalad.com/?attachment_id=108
http://parrotsalad.com/?attachment_id=91
http://parrotsalad.com/?attachment_id=95

We spent our own money to build these things from scratch and is definitely done well enough to last for years and we were not reimbursed in anyway for this. His dad has tried doing this before and he is unstable mentally but makes enough money for it to be ignored. It really puts us in a bind because all my paychecks go to student loans and my boyfriend is putting himself through school. His brothers got their college paid for by him and his youngest brother just had a brand new car bought by his father for him. I know that probably is not relevant but I'm really irked by this situation and want to know what all possible options are. Any advice on our options would be great. Thanks.

This is not a legal question, you are not going to sue this man. Grow up, pay for utilities or move out. If you want to do business with family and without a written contract then you are asking for it. Watch some episodes of Judge Judy and consider yourself lucky that your only problem is that you got to live somewhere rent free for some period of time. Consider income based repayment of your loans because you can't afford to put your entire paycheck towards loans if you are doing so on the back of others.

Computer Serf
May 14, 2005
Buglord
~edited~

Computer Serf fucked around with this message at 07:34 on Jun 19, 2013

Alchenar
Apr 9, 2008

I'm not sure that 'check your privilege' has been a more appropriate answer in this thread.


e: oops, that answer was in response to Phorphetob.


e2: ^^ you need to tell us where you live, because at the moment the answer to your question is 'all kinds'.

Alchenar fucked around with this message at 17:55 on Jun 3, 2013

az jan jananam
Sep 6, 2011
HI, I'M HARDCORE SAX HERE TO DROP A NICE JUICY TURD OF A POST FROM UP ON HIGH
Software development question: after you install apps on Android, these apps frequently set up databases with sensitive information in them. Like say, for Tumblr, after installing the app and signing in it'll set up a database with your blogs, your friends, your likes, whatever. Normally on Android these databases are inaccessible to the user, but after rooting your phone you can access them. Is there legality issues with creating an app/script that can access a database like this and then export your information from them (strictly for personal use, not commercial)?

az jan jananam fucked around with this message at 16:54 on Jun 3, 2013

Arcturas
Mar 30, 2011

Alchenar posted:

I'm not sure that 'check your privilege' has been a more appropriate answer in this thread.

To be charitable, he could be talking about the type of summer jobs that prey on vulnerable/uninformed students. Selling CutCo knives, door-to-door vacuum salespeople, magazine subscription salespeople, etc. Those folks are entirely commission-based, and employees can easily make less than minimum wage, but if the company asks them to do non-commission-paying work, they might not have a choice.

Lyz
May 22, 2007

I AM A GIRL ON WOW GIVE ME ITAMS

Phorphetob posted:

Any advice on our options would be great. Thanks.

Buy the father an account so he can post in E/N about his lazy son who he lets live in a house for free and can't be bothered to mow the lawn or fix anything, and his whiny girlfriend.

Phorphetob
Nov 28, 2004

by Fistgrrl

Lyz posted:

Buy the father an account so he can post in E/N about his lazy son who he lets live in a house for free and can't be bothered to mow the lawn or fix anything, and his whiny girlfriend.

Yeah, gently caress you guys. Thanks!

Andy Dufresne
Aug 4, 2010

The only good race pace is suicide pace, and today looks like a good day to die

Phorphetob posted:

Yeah, gently caress you guys. Thanks!

Were you really planning on suing the dad/landlord?

euphronius
Feb 18, 2009

Phorphetob posted:

Yeah, gently caress you guys. Thanks!

You options are to get your own place or co-operate with his dad. Legally you are in what is called "a bad situation" or in malum res.

Dogen
May 5, 2002

Bury my body down by the highwayside, so that my old evil spirit can get a Greyhound bus and ride

Phorphetob posted:

Thanks for the help, assholes. I guess that the stereotype of lawyers being douches is true.

I was going to take your case all the way to the supreme court :(

Lyz
May 22, 2007

I AM A GIRL ON WOW GIVE ME ITAMS

Phorphetob posted:

Yeah, gently caress you guys. Thanks!

You want to live in a house for free and not do any work on it and are complaining that it will end up being not so free and you're expected to help with the upkeep. Boo hoo.

(And before you go all YOU DON'T UNDERSTAND, my husband and I moved into a house his parents bought, paid all the utilities, and contributed a few grand of our own money improving it without complaining. All while he worked full time and I did part time school/part time work because that is what decent, responsible adults do.)

jassi007
Aug 9, 2006

mmmmm.. burger...

Phorphetob posted:

Yeah, gently caress you guys. Thanks!

Go look at the other post. I love this thread.

Kalman
Jan 17, 2010

Phorphetob posted:

Yeah, gently caress you guys. Thanks!

I too got pissy about being obligated, without compensation, to help maintain the house my parents owned that I lived in for free. Lawn mowing, fixing the occasional thing, even paying for an improvement I wanted out of my limited supply of cash. Man, I got really upset about it. I don't think I ever considered lawyers, but I felt it was just completely unfair.

Of course, I was 12 at the time.

Dr. Arbitrary
Mar 15, 2006

Bleak Gremlin

Kalman posted:

I too got pissy about being obligated, without compensation, to help maintain the house my parents owned that I lived in for free. Lawn mowing, fixing the occasional thing, even paying for an improvement I wanted out of my limited supply of cash. Man, I got really upset about it. I don't think I ever considered lawyers, but I felt it was just completely unfair.

Of course, I was 12 at the time.

I know exactly what you could have used:
http://en.wikipedia.org/wiki/Kids_Court
https://www.youtube.com/watch?v=CNHPGJBjR2c

xxEightxx
Mar 5, 2010

Oh, it's true. You are Brock Landers!
Salad Prong

Phorphetob posted:

Thanks for the help, assholes. I guess that the stereotype of lawyers being douches is true.

Your original post I can write off as you being young and naive. But this just shows you are an idiot. You can either accept the free advice that your case is a dog, or you can go pay an attorney a 5 grand retainer for him\her to tell you your case is a dog. A good attorney will treat your case like a loser and club you over the head with the truth because that is exactly what the opposing party's counsel is going to do. Be thankful we saved you that embarassment.

euphronius
Feb 18, 2009

Petition to Modify House Rules to Reduce Chores

Dogen
May 5, 2002

Bury my body down by the highwayside, so that my old evil spirit can get a Greyhound bus and ride

euphronius posted:

Petition to Modify House Rules to Reduce Chores

I humbly ask the court to issue a Writ of Neverending Childhood and all other relief to which I may be entitled

euphronius
Feb 18, 2009

To be fair to Phorphetob and to offer some legal analysis, their situation is a tenancy at will and all of the costs etc that the Dad is asking them pay is fairgame. Also when you improve land that is not yours you are basically doing that for the benefit of the landlord if the improvements are affixed to the land. It goes without saying that tenancy at will has the possibility of not being a very favorable situation for the tenant!

The situation whereby you claim you are living rent-free in return for reduced compensation is a bad situation (with all types of potential employment and tax issues that I can't get into)that you should probably remedy. You could enter into a proper landlord-tenant situation with, you know. . . . A LEASE which may be helpful.

euphronius fucked around with this message at 21:07 on Jun 3, 2013

Prancing Shoes
Jul 8, 2008
I have a question regarding trademark infringement. I don't know much about this sort of thing, and am hoping someone can help me understand my situation a bit better.

I am in the process of creating a website that offers a paid service to our customers (I am one of four people involved in this project). Before we settled on a name for our website, we did some research to ensure that there were no competitors that were too similarly named. Apparently, we did a real lovely job, because yesterday I discovered a very similarly named website offering the same services we were planning on offering as well as some additional ones we not planning on offering (at least at launch). I don't think I should be posting the name of either one of these websites, but so you get the idea of what I'm talking about here, suppose my website's name is toiletcity.com and the competitor's website is toliettown.com and we both are selling plumbing fixtures.

The competitor has held their domain name since 2001 has a number of trademarks registered with the USPTO which have been held since 2009. They are all standard character trademarks, and include their domain name, as well as variations on the spelling of their name ("toliettown", "toliet town", "terliet town", etc). Our logos are in no way similar, if this matters at all.

After discovering this and reading up on trademark infringement a bit, I am concerned that since our names are similar and we offer very similar products/services, we might be on the hook where the "likelihood of confusion" comes into play. I keep reading things that say stuff like "infringement will usually be found if the two marks at issue are sufficiently similar that consumer confusion can be expected." Well can customers be expected to confuse "Toliet City" and "Toliet Town" when the websites themselves are very different, and the only things they really share in common are their similar names and the services/products they provide?

If we need to change the name to avoid future potential problems, then so be it. We only have a very minimal amount of money into stuff that would need to be changed like a domain name and logo and such, so it's really not a huge deal, and we're in the early stages of development anyways. If I'm not overreacting and this is something we would actually need to talk to a lawyer about, I guess it would be most cost effective anyways to just ditch the name and pick something new. I just wanted to get a better understanding how trademark infringement works.

On a somewhat related note, what sort of lawyer should we be looking for to help us draft up a "Terms of Use" for our website?

e: I'm in Ohio.

Prancing Shoes fucked around with this message at 04:29 on Jun 4, 2013

WhiskeyJuvenile
Feb 15, 2002

by Nyc_Tattoo
They'd first have to show that Toilet City is a use of the Toilet Town mark. They'd then have to show likelihood of confusion, which depends on whether your services/products are centered around toilets or not.

e: hth

WhiskeyJuvenile fucked around with this message at 04:40 on Jun 4, 2013

patentmagus
May 19, 2013

Baruch Obamawitz posted:

They'd first have to show that Toilet City is a use of the Toilet Town mark. They'd then have to show likelihood of confusion, which depends on whether your services/products are centered around toilets or not.

e: hth

If you are nervous then the cheapest option is to pick another name.

If you want to get legal crafty, read the prosecution history of toilet town's mark at tsdr.uspto.gov because they might have disclaimed the use of "toilet" except when used in "toilet town".

Another thing to consider is filing for your own trademark. Use toilet town's registration to pick your filing basis. It'll cost around $350 if you do it yourself. Actually, you should do this if you choose a new name too. After all, it is there trademark rego that's giving them the most leverage against you.

As for a trademark legal spat, it'll cost a few thousand just to have someone evaluate your case.

EAT THE EGGS RICOLA
May 29, 2008

I'd probably just pick another name, it's not worth dealing with the possible trouble, especially if they seem to be concerned with stopping other people from using similar marks (which they do because they've registered a substantial number of marks).

MrBigglesworth
Mar 26, 2005

Lover of Fuzzy Meatloaf
Location: Oklahoma

Issue: My mom, her assets and stuff.

My mom has had a few trips to the hospital in recent years. In July 2012 she almost died. She slowly got better but it doesn't look like it will go on to the good side of health for some time if she ever actually recovers. She is currently in the hospital after an ER trip last Thursday due to Pneumonia.

Anyway she want to start setting stuff up in my name and transfer her assets to me in an effort to avoid probate. ( I had to go through that 9 years ago after my dad was killed)

Where do I need to start? Should I mess with Power of Attorney as she has been having issues in being coherent when she gets sick?

Specifically, how would we handle her house? She is a Veteran Widow and she has made mention that the property taxes are frozen due to the veteran status. Is that worth pursuing in anyway to treat specially to try to keep the taxes frozen or would it not work at all?

Other assets are a few cars, bank accounts, some investments and oil/gas royalties. (she says the royalties are set to go over into my name after she dies but I have no proof of this yet)

Just really don't know where to start.

Gounads
Mar 13, 2013

Where am I?
How did I get here?

az jan jananam posted:

Software development question: after you install apps on Android, these apps frequently set up databases with sensitive information in them. Like say, for Tumblr, after installing the app and signing in it'll set up a database with your blogs, your friends, your likes, whatever. Normally on Android these databases are inaccessible to the user, but after rooting your phone you can access them. Is there legality issues with creating an app/script that can access a database like this and then export your information from them (strictly for personal use, not commercial)?

There's 2 ways i could see a problem here.

#1 - There could be terms in the EULA against this. If you do it, you're in breach of contract. Most likely, that just means you need to stop using the software but it all depends on how it's written.
#2 - The app developer could claim copyright on the data format, and if you copy it, you may be in copyright violation. But that one is a lot tricker since facts aren't copyrightable. So if you're just extracting facts, it should be ok.

But most likely, you won't have any problems.

Dogen
May 5, 2002

Bury my body down by the highwayside, so that my old evil spirit can get a Greyhound bus and ride

MrBigglesworth posted:

Location: Oklahoma

Issue: My mom, her assets and stuff.

My mom has had a few trips to the hospital in recent years. In July 2012 she almost died. She slowly got better but it doesn't look like it will go on to the good side of health for some time if she ever actually recovers. She is currently in the hospital after an ER trip last Thursday due to Pneumonia.

Anyway she want to start setting stuff up in my name and transfer her assets to me in an effort to avoid probate. ( I had to go through that 9 years ago after my dad was killed)

Where do I need to start? Should I mess with Power of Attorney as she has been having issues in being coherent when she gets sick?

Specifically, how would we handle her house? She is a Veteran Widow and she has made mention that the property taxes are frozen due to the veteran status. Is that worth pursuing in anyway to treat specially to try to keep the taxes frozen or would it not work at all?

Other assets are a few cars, bank accounts, some investments and oil/gas royalties. (she says the royalties are set to go over into my name after she dies but I have no proof of this yet)

Just really don't know where to start.

You should really consider starting by getting an estate planning attorney in OK to help you out with this stuff. There are a lot of issues here that are state specific (probate process generally, property tax issue) that is best answered by someone who handles this sort of thing.

euphronius
Feb 18, 2009

MrBigglesworth posted:


Just really don't know where to start.

You start by driving your mom to a local attorney. Those are all complex issues.

Soylent Pudding
Jun 22, 2007

We've got people!


MrBigglesworth posted:

Location: Oklahoma

Just really don't know where to start.

You have a very complicated situation and the best place to start is with a good probate attorney. Probate attorney doesn't just mean they do wills, it means they know how to help you structure assets to avoid probate if that is what you agree is the best course of action.

Cowslips Warren
Oct 29, 2005

What use had they for tricks and cunning, living in the enemy's warren and paying his price?

Grimey Drawer
This happened in Arizona.

I was waiting at a red light today and was witness to a somewhat-accident; a yellow car behind me was heading up to the left turn lane, and there was a gap in the cars ahead of me and the yellow car, presumably to let a truck out of a gas station and onto the road. The truck sped out into the gap, and would have hit the yellow car probably in a T-bone. The driver of the yellow car saw the truck coming, and swerved left hard. Thankfully there wasn't another vehicle there, but there was a huge construction site, and the yellow car was damaged and the construction crew had to help push the car out.

The driver of the truck paused near the scene, and then took off.

My thought is that that was a hit-and-run. But technically the driver of the truck didn't hit the car, so how does that work? I have no idea if they caught the driver of the truck, but there were tons of other witnesses who hopefully caught his license.

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Cruseydr
May 18, 2010

I am not an atomic playboy.
I'm a little confused as it sounded like the yellow car was leaving space but then they weren't.

I think the term you're looking for is "phantom driver".

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