Lemon Law Blog

As the rain has been pouring down this past week, the calls have been pouring into 1-800 LEMON LAW . We have been successfuly resolving a large number of water leak claims recently, especially in General Motors SUVs.  But, GM drivers are not alone; I just took a call from a gentleman who has been in 7 times for a water leak in his trunk…and he drives a 2007 Honda Accord! There is no doubt that as the weather continues to get wetter, many distressed drivers will locate a leak. So what do you do if you find a drip?

We have repeatedly provided tips on what to do if your car leaves you all wet. Provided you are under manufacturers warranty, make sure you take your car to an authorized manufacturers dealer as promptly as possible. And, when you pick up the car, make sure you also pick up a repair invoice that outlines the problem and what they have done to resolve it.  Keep these invoices in a safe place. If you are facing this problem repeatedly, and the service manager is leaving you out to dry, you need to take action.  If you are in the shop three times under warranty for a leak, you have the right to file a lemon law or breach of warranty claim EVEN IF THEY EVENTUALLY FIX THE PROBLEM.  Why?  Because your vehicle has suffered a non-conformity which significantly affected its use, value and safety.  A decent claim could result in significant monetary compensation…we are talking a partial or full refund…possibly even a new car. And as you know, under your lemon laws and federal laws we work with, the legal help is completely FREE.

And let’s say they fix the leak?  How sure are you that the leak will not return? Or worse yet, you may discover mold and/or mildew. Unfortunately, one thing we see time and time again are folks who do not open a claim because their problem is fixed…and then it pops up again 15,000 or 20,000 miles “down the road.”  The case is weaker. The remedy is usually weaker.

If you are find yourself ready to flip after discovering your drip, contact us via e-mail or phone at 1-800 LEMON LAW (1-800-536-6652) and we will be glad to discuss the situation with you and how we can help.

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Hey New Jersey drivers:  Has your car been in the shop three times for the same problem under the original or extended manufacturers warranty?  You could be entitled to money back, or possibly a new car under the New Jersey Lemon Law and the Federal Magnuson Moss Warranty Act.  Check out your rights this weekend on News 12 New Jersey’s consumer news program “In Your Corner,” airing all weekend long. (Check News 12.com for times) Automotive Consumer Advocate Michael Sacks, Director of Communications with Kimmel and Silverman, joins Walt Kane to discuss why New Jersey has the second most-effective lemon law in the Country.  If you have a car that’s driving you crazy, drop us a line and we will be happy to determine if you are entitled to recourse.

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We frequently mention our TV and radio appearances on the blog, with the hope that consumers will tune in and learn.  Automotive Consumer Advocate Michael Sacks, 1-800 LEMON LAW Director of Communications, recently joined Spencer Graves on WDEL’s Consumer Hotline, when a call came in from a distressed driver with a Volvo XC90.  He had close to 50,000 miles on his vehicle and he was constantly complaining about a transmission problem.  The dealer was being as helpful as possible; they replaced several components but after a while, they told him it was “a normal characteristic of the vehicle.”  The listener did not know what to do; he loves his vehicle but he thought he was entitled to something for his problem. Michael asked the listener to forward his repair invoices to him Monday morning.

Michael reviewed the invoices with the 1-800-LEMON LAW legal team and it turned out the listener had a strong claim under the Magnuson Moss Warranty Act.  Three weeks later, he settled his claim for $7,000, plus he gets to keep his vehicle, the extended warranty is in full effect (so if there is a transmission problem, Volvo is obligated to fix it), and the car is not branded in any way, shape or form.  Needless to say, our client was very happy.

This comes on the heels of Ernie from Wilkes Barre, PA who called when he heard Michael on WILK News Radio. He had already gotten rid of his Land Rover after he suffered numerous problems and he wanted to know if we could do anything.  He sent in his paperwork and Lemon Law Attorney Jacqueline Herritt succeeded in getting him $5,000. Ernie received $5,000 just for listening, and faxing in a few papers!  And, of course, neither consumer paid a dime for our legal help.

Remember, never be afraid to ask for help.  If you want to see if you have a potential lemon law or breach of warranty claim, click here and we will get in touch with you promptly.  And remember, to keep an eye on our blog for our next TV and/or radio appearance.

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Every day, we receive many calls to our 1-800-LEMON LAW hotline, and most callers have a common question “Do I have a lemon?” As discussed before, a lemon by definition is a vehicle with a significant non-conformity that affects the use, value or safety of the vehicle, and cannot be repaired within a reasonable number of repair attempts.  Each state’s lemon law provides a different number of repairs required, a different amount of time in which the first repair needed to be performed, and a number of days in which the car is in the shop to be declared a lemon.  In Pennsylvania, for instance, the lemon law says the car has to be in the shop three times, with the first problem occurring in the first 12 months or 12,000 miles whichever comes first, or in for 30 days within the first year. (But, please remember that after the lemon law parameters ran out, you still have rights under Federal Law as long as you are covered under manufacturers warranty.)

Then, we need to look at the defect.  Many folks think that in order for a car to be declared a “lemon,” something needs to go wrong with the engine or transmission, and the car cannot run.  This is untrue.  Here are just some of the problems we have encountered in our caseload, which have resulted in new cars, full or partial refunds for our clients, in addition to standard no start, engine, and transmission problems:

• Faulty Gas Gauges
• Sliding Doors
• Water Leaks/Mold
• Faulty Door Windows & Locks 
• Check Engine Lights
• Brake Problems–constant replacement of rotors, pads etc.
• Pinging Noises/Piston Knock in Engine
• Stalling
• Navigation System Defects
• Faulty Electrical Sensors
• Sunroof Problems
• Steering Fluid Leaks
• Sudden Acceleration/Deceleration
• Constant Replacement of Radio/CD Player
• Oil Consumption
• Convertible tops not retracting
• HVAC problems

The bottom line is as long as the dealer is fixing the problem and billing the repair to your manufacturer’s warranty, it is a defect that could yield compensation.  The important thing is to make sure you keep all of your repair invoices, and if you find yourself in three times, TAKE ACTION either with us or through another avenue.  The Laws are in place to help you; Take advantage of them.

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Throughout this blog, you may find a few statements that we repeat over and over again.  Why?  Because no matter how many times we say it, people still don’t believe it.  So, here we are again, reminding you that in most lemon law and breach of warranty claims, THE DEALER IS NOT THE DEFENDANT.  They are merely the middlemen and they do not have the authority to get you a buy back or a new vehicle.  Rather, it’s the manufacturer who is the defendant and many times when a service manager can’t do anymore to fix or diagnose a problem, they will whisper 1-800 LEMON LAW under their breath.  Treat your service team with respect and try your best not to air your frustration with them.  You rely on them to help you get your vehicle repaired and you do not want to create a hostile relationship.

Today, we thought we would give you some tips on how to deal with the dealer when your car is in the shop.

First and foremost, when bringing your car into the shop and describing your problem to the service manager, try and be as detailed as possible.   Is there a leak?  Where is the leak coming from?  Do you smell mold?  Is your floor mat wet?  Did you see water spots in your headliner?  Is there a noise?  What does the noise sound like?  Is it coming from the front or rear?  Is it in the morning when you are starting the car up, or after the car is running?  Is it on highways or in the neighborhood?  Every detail, description or clue can help the service manager and his team properly diagnose the problem.

You may also want to visit the National Highway Traffic Safety Administration website prior to your repair to determine if there are technical service bulletins or similar consumer complaints on your vehicle. Bring this information with you to show the service manager.

When you pick up your car, make sure that you give the service manager a few minutes to discuss which reapirs were done.  Don’t hesitate to ask questions if you don’t understand something. And, most importantly, always ask for a repair invoice.  Now, some folks may say “My car is under warranty.  Why would I need an invoice?” Invoices provide a paper trail which is the key to any lemon law or breach of warranty claim.  They outline the problem you complained about, what was done to fix the problem, a list of any components that may have been replaced, and dates the vehicle was in the shop.  Make sure you get a receipt at the time you pick up your car.  Do not let them mail it to you.  You want to review it to make sure everything is correct and if not you want them to revise it on the spot.  Also, it’s very important to keep these invoices in a safe place, and we don’t mean the “circular file.”  These invoices could be your ticket to getting out of a lemon car. Once you have three invoices for the same problem, you want to consult a lemon law attorney to see if you are entitled to remedy under State and/or Federal Law.

Questions regarding your repairs and how to deal with your service manager?  E-mail us and we will be glad to answer them. 

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With gas prices on the rise, we are getting more and more calls from motorcycle riders. Think you have a lemon bike? If you live in Philadelphia, Bucks, Chester, Montgomery, or Delaware Counties, check out lemon law attorney Craig Thor Kimmel on Comcast Newsmakers on CNN Headline News. Click here for times.

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