Nevada Consumer Fraud Legal Questions

As you know, Payable on Death (POD) designations on bank accounts specify who is to receive monies in a bank account upon the death of the account holder.  Your situation is interesting in that it is a joint account over which your father would presumably only have been the source of some of the monies in the account.  Your brother certainly should not have been access to the account based solely on a POD designation without proof to the bank of your father's passing.  The bank is most likely not liable for recognizing the POD; however there appear to be significant anomalies in how the account was handled which should be reviewed by an attorney.... Read Answer

No attorney or anyone else can file Bankrupty without your consent.  In fact there is a signature line which requires your signature and approval of the schedules.  While you may have remedies against your counsel civilly, you should also bring this filing to the attention of the Bankruptcy  Court and State Bar.... Read Answer

If you purchased the product on the Internet, you hopefully used either PayPal or a credit card as your payment mechanism.  You should immediately file a dispute with the payment company and/or credit card company and alert it/them that you have been the victim of consumer fraud and take any steps necessary to contest the charges.  While suit against the online retailer is possible, such steps are basically cost-prohibitive (and may run into jurisdictional challenges).  Good luck.... Read Answer

If the Storage Company expressly told you (or advertised) that your Unit was separately alarmed and surveilled, this would constitute misrepresentation. Intentional misrepresentation is established by three factors: (1) a false representation that is made with either knowledge or belief that it is false or without a sufficient foundation, (2) an intent to induce another's reliance, and (3) damages that result from this reliance. the falsity and knowledge of the falsity are relative straightforward elements. Even if the Seller did not intend to deceive you, the misrepresentation could constitute negligent misrepresentation. See Barmettler v. Reno Air, Inc.,114 Nev. 441, 956 P.2d 1382 (1998) (providing that one who, without exercising reasonable care or competence, “supplies false information for the guidance of others in their business transactions” is liable for “pecuniary loss caused to them by their justifiable reliance upon the information”). Both causes of action require a showing that damages resulted from the tortious misrepresentations. Nelson, 123 Nev. at 225, 163 P.3d at 426; Barmettler, 114 Nev. at 449, 956 P.2d at 1387. The question becomes one of "So What?" if your unit was not actually under individual alarm but alas you suffered no loss or damages. You may have a claim for refund of your monies and/or to terminate the contract. But absent some loss caused by the misrepresentation, you would not have substantial damages. ... Read Answer

If the Seller expressly told you that this car had a clean title and not a salvage title, this would constitute misrepresentation. Even an "as is" sale does not excuse a Seller from informing you of all material facts which it knew prior to engaging in the sale. Intentional misrepresentation is established by three factors: (1) a false representation that is made with either knowledge or belief that it is false or without a sufficient foundation, (2) an intent to induce another's reliance, and (3) damages that result from this reliance. With respect to the false representation element, the suppression or omission “ ‘of a material fact which a party is bound in good faith to disclose is equivalent to a false representation, since it constitutes an indirect representation that such fact does not exist.' ” Nelson v. Heer, 123 Nev. 217, 226 (2007). You will be required to introduce evidence to establish that the Seller knew or should have known of the salvage title, that this condition was a material factor that you as a purchaser would have considered when purchasing the vehicle. Id. Even if the Seller did not intend to deceive you, the misrepresentation could constitute negligent misrepresentation. See Barmettler v. Reno Air, Inc., 114 Nev. 441, 956 P.2d 1382 (1998) (providing that one who, without exercising reasonable care or competence, “supplies false information for the guidance of others in their business transactions” is liable for “pecuniary loss caused to them by their justifiable reliance upon the information”). Both causes of action require a showing that damages resulted from the tortious misrepresentations. Nelson, 123 Nev. at 225, 163 P.3d at 426; Barmettler, 114 Nev. at 449, 956 P.2d at 1387. Obviously your inability to be able to sell the car is adequate damages.... Read Answer

The dealer has 15 days to get you financed in accordance with the terms of the Contract. If the dealer cannot get you financed in accordance with the Contract within 15 days, the Dealer has the option to rescind the Agreement and to return to you all consideration paid, including the return of the vehicle in trade. The dealer has no right to "reconstruct" or change the terms of the contract or make you agree to different terms than you previously agreed.  Therefore if the Lender did not approve you on the same terms as agreed, the Dealer is to return the trade-in. It is deceptive trade practices in the State of Nevada for a dealer to enter into a contract for the sale of a vehicle on credit with a customer, exercise a valid option to cancel the vehicle sale (including inability to finance) and then, after the customer returns the vehicle with no damage other than reasonable wear and tear, the seller: (1) Fails to return any down payment or return a vehicle accepted in trade; (2) misleads the customer that the customer must sign a different contract for sale; (3) fails to make proper disclosures. See also NRS 598.092.... Read Answer

Your rights will be largely defined under your contract with the Auctioneer, including whether you agreed to allow the Auctioneer to conduct a "No Reserve" auction.  While there may be claims for misrepresentation outside of the Agreement, the lack of such representations being in writing could make proving a case difficult.  You should have Counsel review the Agreement and representations with you as soon as possible to preserve your rights.... Read Answer

The statute of limitations in Nevada for common law fraud claims is 3 years from the date that the fraud was actually discovered and should have been discovered.  Torrealba v. Kesmetis, 124 Nev. 95, 97 (2008).  More specifically NRS 11.190(3)(d) provides in pertinent part: "[A]ctions other than those for the recovery of real property, unless further limited by specific statute, may only be commenced as follows: . . . 3.  Within 3 years: . . . .(d) Except as otherwise provided in NRS 112.230 and 166.170, an action for relief on the ground of fraud or mistake, but the cause of action in such a case shall be deemed to accrue upon the discovery by the aggrieved party of the facts constituting the fraud or mistake." The statute hinges on notice of the fraud.  “When [a person] knew or in the exercise of proper diligence should have known of the facts constituting the elements of his cause of action is a question of fact for the trier of fact.” Oak Grove Inv. v. Bell & Gossett Co., 99 Nev. 616, 623, 668 P.2d 1075, 1079 (1983); Nevada Power Co. v. Monsanto Co., 955 F.2d 1304, 1307 (9th Cir. 1992). You have indicated that you purchased the diamond 4 years ago, which may cause problems in the ability to prove a fraud claim.  However you have a backup remedy which is that the statute of limitations for breach of a written contract is 6 years, as well as an unwritten agreement being 4 years.  A breach of contract claim might provide the extended statute of limitations which you need under the peculiar facts in your case, in light of the fact that you were not given the merchandise which you were promised.... Read Answer

Obviously you can dispute the charge with your credit card company/bank, which is the cheapest mechanism to avoid the double charge.  While you could bring a lawsuit against the vendor, the amount in controversy may make such an action not worth the cost in time and effort which you will have to expend.... Read Answer

Pets can be bought and sold like other personal property and enforced like any other breach of contract.  As with any other type case, the stronger your documentation (1) evidencing a completed transaction (contracts, invoices, receipts, canceled checks) and (2) establishing your indicia of ownership (microchip, veterinary records, licensing, etc.), the stronger your odds of prevailing should she bring any claim against you.  This sounds like a simple case of Seller's Remorse.... Read Answer

As indicated in an earlier answer, moving companies have developed a reputation for unscrupulousness.  Therefore when considering how and where to sue the moving company,  your question is really twofold: (1) can Nevada courts take jurisdiction over the moving company; and (2) is your dispute one that you can bring in Nevada. Nevada courts can take jurisdiction over companies for whom there is personal jurisdiction in Nevada. Personal jurisdiction may be (a) general or (b) specific. General personal jurisdiction exists where the Moving Company's activities in Nevada are so substantial or continuous and systematic that the Moving Company may be deemed present in Nevada and hence subject to suit over claims unrelated to its activities in Nevada. If the company in question does constant business in Nevada and was selected by you for its Nevada contacts, you should be fine. In the absence of general jurisdiction, specific personal jurisdiction may be established where the claims arise from the Moving Company's contacts with Nevada. The test for specific personal jurisdiction is whether (1) the Moving Company purposefully avails itself of the privilege of serving the Nevada market or of enjoying the protection of the laws of Nevada or where the Moving Company purposefully establishes contacts with Nevada and affirmatively directs conduct toward Nevada, and (2) the claims arises from that purposeful contact with Nevada or conduct targeting Nevada. The Moving Company's contacts with Nevada must be more than random, fortuitous or attenuated; it is the quality of the contacts and not the quantity that confers personal jurisdiction. Directing conduct by marketing to you in Nevada, offering to come into Nevada to move you, employing personnel in Nevada and accepting payment from Nevada would all be factors which go into an argument of specific personal jurisdiction. There is an additional issue which arises in cases like this which is that savvy moving companies attempt to avoid the risk of being sued nationwide by specifying in the contract the jurisdiction and forum in which any action will be brought. If the company is California based, the company's contract may specify that the action is required to be brought in California.  To the extent that your belongings are being withheld, you might consider bringing the action in which the belongings are held.  You should have your contract reviewed with an attorney to determine if this issue is applicable to you and your best course of action.... Read Answer

What your question does not disclose is what monies you have lost as a result of your dealings with this website.  While consumer fraud is a pervasive problem, the issue really comes down to damages, which means that if you discovered the fraud before you were parted from your monies, you probably do not have any claims.  If you have lost substantial monies to this website, you can consider legal action against the site from recovery of your monies.  One issue that arises in cyberfraud cases is the viability of the perpetrators and whether legal action will yield nothing more than an uncollectible judgment for recovery of the monies.  For this reason, reversal of credit card charges or use of financial mechanisms to stop payment are in many cases as/more effective than formal legal action.  You should consult with an attorney regarding the specific facts in your case.... Read Answer

Obviously if you were charged for work not performed or products not delivered, you are entitled to a refund of those monies.  While the Service Manager has verbally told you that the product was not installed, be cognizant that the better evidence should you have to pursue this is to obtain confirmation of this in writing.  ... Read Answer