Lemon Law Blog

Information and discussions about the Lemon Law, the Magnuson Moss statute, and Dealer Fraud. Provided by Kimmel and Silverman.
Subscribe

Who are you dealing with & what are you waiting for?

April 18, 2008 By: LemonLaw Category: Car Buying, arbitration policies, Lemon Law, Lemon Law Firm, Kimmel & Silverman, Defective Car, Car Complaint Index, Car Lemon Law

If you're new here, you may want to subscribe to my RSS feed. Thanks for visiting!

We are very proud of our website. Since it’s inception over ten years ago as the first site dealing specifically with lemon law and breach of warranty rights, we have provided information to more than 20 million visitors.  We have been recognized by many organizations for providing comprehensive and useful information to both distressed drivers who already have a lemon car and potential car-buyers who are looking to buy a car without being taken for a ride.

That being said, it often surprises us when folks reach out to us for assistance and information, and then proceed to tell us that they think they will be able to handle it on their own through the dealership.  That would be okay–if the dealer was the defendant, but they are not.  In most cases, dealerships have NO authority to offer a consumer a buy back or an MSRP to MSRP swap (not a trade, but a swap). In addition, most consumers have

**NO access to the manufacturer’s legal counsel.  Sure, you can call the customer service hotline and receive a case number, but what does that mean?  And, who are you talking to on the other line? In most cases, this is a pacifier.

**NO true knowledge of the last chance letter we frequently see on websites. Consumers should not send a last chance letter on their own.  Why are you only giving the consumer one last chance to fix the problem, when there is no guarantee that you will get a new car or buyback.  This is a law; it is not a guarantee.  Plus, you are creating a hostile environment between you and the dealership.  You need to speak to a lawyer first before issuing such a letter. 

**NO access to technical service bulletins, recalls, or case study to determine if the problems you are experiencing are common among the masses.  Plus, law firms offer ASE-certified experts who will write expert reports on cars and their conditions–at NO COST TO THE CONSUMER.

**NO ability to enforce the Magnuson Moss Warranty Act.  Yes, dealers are required to discuss the Lemon Law with you when you purchase a car.  But, if your problems fall outside the lemon law provisions, ask them about the Mag Moss and they will stare at you like you are speaking another language?  Do you think the dealer is going to offer you thousands of dollars to reflect the diminished value of the car? No and they are not required to.  If you have a car with 50,000 miles on it, what can a dealer do for you?  An oil change, a monthly payment, at the most an extended warranty, but you are entitled to SO MUCH MORE.

Our goal is to educate you about your rights so that you will enforce them if you need to.  However, the beauty of these laws is that they offer provisions which put you on EQUAL FOOTING with the billion-dollar manufacturers?  These provisions provide completely free legal help, either through us or another Firm.  Take advantage of them.  Let those who are more knowledgeable help you.  I can’t tell you the number of folks who tried to do this on their own, failed, and then virtually voided their rights.  If you are going to fight, make sure you have someone in your corner who knows how to battle. OK, I’m stepping off my soapbox now.

A quick programming note for viewers in the Delaware Valley–Craig Kimmel will be discussing the 2008 Car Complaint Index and the Center for Auto Safety’s Best Bets tonight on the Fox 29 News at 5.

The Magnuson Moss Warranty Act: A hidden gem most consumers do not know about

April 10, 2008 By: LemonLaw Category: legislation, consumer rights, Magnuson Moss, Warranty, Defective Car, Car Lemon Law

Certainly, we have all heard of the lemon law at one time or another.  Every State has one and they are designed to protect car owners when their ride turns sour.  But, what if you fall outside the lemon law provisions?  Perhaps, you live in Pennsylvania, and your problem occurred at 13,000 miles, rather than 12,000? Or you have a used car with a manufacturers warranty and the check engine light just will not go off?  Is the manufacturer off the hook?  Is the consumer out of luck?  The answer is no.

There’s a little known Federal law called the Magnuson Moss Warranty Act, that’s not discussed by car dealerships when you purchase your car.  It’s a statute that is not heavily promoted or publicized but it applies to cars, or any products that cost over $25 and are covered by a manufacturers warranty.  What is says is that if you find that you have to get your car repaired three or more times for the same thing, it means that the warranty has not proven to efficient or very effective. 

And for that reason, you could be entitled to monies that reflect the diminished value of the car as a result of the problem. So, that darn window motor that’s been replaced, the air conditioner that hasn’t been blowing cool air,  the water leak in the trunk that was finally fixed after four tries, or that nav system that’s gone through quite a few upgrades could mean thousands in your pocket PLUS**You get to keep your car**Your warranty remains completely in effect and they still have to fix your car. **Your car is not branded in any way (like the lemon law)**You do not disclose that you received this money when selling or trading your car.  **Like the Lemon Law, the Magnuson Moss provides a provision which entitles consumers to completely free legal help, so they are on equal footing with the manufacturers. And unlike the lemon law, this law can apply to used cars.

You read this right–This is free money and it applies to any car or truck which is still under an original or extended manufacturers warranty. If you think you may be entitled to money under the Magnuson Moss Warranty Act, click here and we will be glad to contact you to further discuss your claim.  

Pittsburgh Lemon Law Attorney to Participate In Seminar on Women Lawyers Reentering the Workforce

April 03, 2008 By: LemonLaw Category: Pittsburgh, Kimmel & Silverman

Christina Gill Roseman, Managing Attorney of Kimmel & Silverman’s Pittsburgh office will be participating in a free seminar on women attorneys who want to reenter the job force after taking time off to raise a family.  “Just A Detour: Tips on How to Off-and On-Ramp Successfully” is sponsored by the Pennsylvania Bar Association Commission on Women in the Profession and includes a reception in honor of State Supreme Court Justice Debra Todd.  The event will take place Tuesday, April 8 at the Federal Courthouse on the corner of 7th Avenue and Grant Street.

For more information, click here.

Attention Jeep Owners: Has a leak gotten you “all wet”?

March 21, 2008 By: LemonLaw Category: water leak, Chrysler, Car Lemon Law

We are seeing a lot of 2008 Jeep Wrangler and Patriot vehicles with water leaks.  Regardless of whether you have a hard top or a soft top, this should not be happening, no matter what your service manager says.  If your Jeep has been leaking, and you have been in three or more times to get the matter repaired, contact us immediately. Under your State’s  lemon law and/or State Federal Laws, you could be entitled to a new car or refund and help is free! 

Heading out to a “once-in-a-lifetime” dealership event to buy a car? Watch NBC10 today at 4pm

March 21, 2008 By: LemonLaw Category: dealership incentives, TV interview, used cars

Attention viewers in Philadelphia and the Delaware Valley: You see the advetorials in the Philadelphia Inquirer and receive the solicitations in the mail.  It’s a once-in-a-lifetime event at a local dealership, with pricing and financing deals that are so unbelievable, they can’t even print the terms. Sounds a like a great deal, right?  STOP.  Before you grab your checkbook and head to the dealer, watch “All That & More” today at 4pm on NBC10.  K&S Lemon Law Attorney Craig Kimmel has some words of wisdom to make sure you are not taken for a ride.  

Lemon Law Attorney Bob Silverman Honored in NJ Attorneys Poll

March 21, 2008 By: LemonLaw Category: Awards & Honors, Bob Silverman, New Jersey Lemon Law, Car Lemon Law

Congrats to New Jersey Lemon Law Attorney Bob Silverman, who has been honored as a New Jersey Super Lawyer for the fourth year running.  Throughout the State, attorneys were asked to vote for the most effective attorneys they have personally observed in action, with the top vote getters being named Super Lawyers. Only five percent of all attorneys statewide received this honor and Bob is the ONLY lemon law attorney in New Jersey to receive this distinction.

The findings will be published in the April 2008 issue of New Jersey Monthly. Read more about it by clicking here.