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Does this weaken my case? (No Title / No Smog Certificate)

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Steve Peterson

Junior Member
What is the name of your state (only U.S. law)? CALIFORNIA

I have a fraud case pending against a dealership in California for non receipt of Title and No Smog Certificate.

My attorney took on the case without first asking me to see if the dealership would rescind the sale prior to suing them.
After he sent a complaint letter to the dealership, they responded and offered to rescind the sale but he turned it down without my approval
as it would not cover attorney's fees.

Could this potentially reduce the chance of getting statutory or other damages if this were to go to trial?
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? CALIFORNIA

I have a fraud case pending against a dealership in California for non receipt of Title and No Smog Certificate.

My attorney took on the case without first asking me to see if the dealership would rescind the sale prior to suing them.
After he sent a complaint letter to the dealership, they responded and offered to rescind the sale but he turned it down without my approval
as it would not cover attorney's fees.

Could this potentially reduce the chance of getting statutory or other damages if this were to go to trial?
Have you posted on here before? - What has your attorney said?
 

quincy

Senior Member
What is the name of your state (only U.S. law)? CALIFORNIA

I have a fraud case pending against a dealership in California for non receipt of Title and No Smog Certificate.

My attorney took on the case without first asking me to see if the dealership would rescind the sale prior to suing them.
After he sent a complaint letter to the dealership, they responded and offered to rescind the sale but he turned it down without my approval
as it would not cover attorney's fees.

Could this potentially reduce the chance of getting statutory or other damages if this were to go to trial?
First, you need to discuss all of this with your attorney.

Here is a link to the California Rules of Professional Conduct, published by the State Bar of California, that tells you what you should expect from an attorney who is representing you: http://rules.calbar.ca.gov/Rules/RulesofProfessionalConduct/CurrentRules.aspx

An attorney should keep the client informed about any significant developments in the client's case, and a settlement offer is a significant development.

If you do not feel your attorney is representing you properly, you can address your concerns with your attorney (and this is usually the best first step to take), or you can request a personal review by another attorney in your area, or you can file a complaint with the State Bar.
 

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