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Archive for September, 2007

Celebrate Autumn in Ambler Sunday 9/30

September 28, 2007 By: LemonLaw Category: Pennsylvania Lemon Law, event No Comments →

Looking for a fun way to kick in Fall? Join Kimmel & Silverman for the City of Ambler’s OctoberFest Sunday, September 30 from Noon-5pm on Butler Avenue in Ambler, PA. Food, shopping, and entertainment are all on the agenda. Be sure to stop by our information station, right in front of the Kimmel & Silverman building on 30 E. Butler Avenue for useful lemon law reading materials, lemon yellow frisbees and other fun giveaways. We will also be on hand to answer your questions regarding your rights under the PA Lemon Law and Federal Breach of Warranty Laws. Hope to see you there!

Popularity: 11% [?]

Driving A Lemon in PA, NJ or DE? Check out fantastic story on CBS3!

September 28, 2007 By: LemonLaw Category: Car Buying, Car Lemon Law, TV interview No Comments →

Live from Center City Philadelphia, it’s Kimmel and Silverman!

Kimmel & Silverman attorneys and staff were fortunate enough to participate in KYW TV’s Car Questions phone bank, broadcast live Wednesday during the station’s evening news broadcasts.  Hosted by the station’s resident consumer crusader,  Jim Donovan, 327 viewers called to ask questions regarding car buying, warranties, lemon laws, and automotive repairs.  During the 4pm hour, Jim  also put together an informative piece on lemon law rights which you can view by clicking here.

Popularity: 12% [?]

In the market for a new car? Don’t let opportunity pass you “buy”!

September 18, 2007 By: LemonLaw Category: Car Buying, Chrysler, Ford, buick, dealership incentives, financing, jeep, kia, lincoln No Comments →

Auto Makers Pile On Buyer Incentives

by Jonathan Welsh
Thursday, September 13, 2007
provided by

The home-mortgage mess is hitting the auto business, as interest rates on car loans creep upward and many people find it hard to qualify for credit to buy a new vehicle. But for consumers with good credit, it’s deal time.

Auto dealers are eager to clear out a growing number of leftovers as 2008 models arrive. Some have more unsold current-year models than usual in stock, reflecting an industry wide sales picture that worsened through the year. Total U.S. auto sales could fall below 16 million vehicles this year, according to analysts — the lowest in a decade. To clear up the glut, some car makers — especially the Big Three U.S. companies — are using perks like rebates and low financing rates to attract interest.

More From The Wall Street Journal OnlineNew Bout of Sticker Shock? GM Hopes for Family of Electric Vehicles A New Battlefront — the Sedate Sedan

Lincoln MKX, and Chrysler LLC is offering a $4,500 rebate on its 2007 minivans. Even the notoriously incentive-stingy Honda Motor Co. is offering below-market 2.9% financing on its popular Odyssey minivan. All told, the percentage of transactions involving rebates grew to 49% this summer from 42% a year ago, according to Power Information Network, a unit of researcher J.D. Power & Associates. In certain cases, buyers don’t even have to settle for the outgoing model: Some 2008 models also carry surprising incentives. Chrysler’s Jeep Commander, for example, offers a $3,000 rebate.

Assessing the effect of the subprime crisis

Difficulties in the subprime-mortgage business and the broader decline of home prices in many markets have hurt other parts of the economy, but car makers, dealers and others in the auto industry are still assessing their effect. The housing market has a big impact on consumers’ ability to afford a new vehicle, and many are buying less-expensive cars with fewer luxury features or putting off purchases altogether.

The result has contributed to the retail auto sales slowdown. The National Automobile Dealers Association had predicted earlier this year that 2007 sales of cars and light trucks in the U.S. would total about 16.5 million, roughly the same as last year. Now the trade group says sales could fall as low as 16.1 million.

At the same time, 24% of auto financing and leasing transactions in July and August had interest rates lower than 5%, compared with 33% in the year-earlier period, according to J.D. Power. In August, the average rate was 7.3%. Fuel prices also remain high, and a weak dollar continues to make certain European models expensive.

The National Automobile Finance Association, a trade group that represents subprime lenders, says the mortgage crisis and changes to federal law that make it more difficult for consumers to file for bankruptcy protection have driven up the number of car-loan delinquencies. The group says nearly 12% of subprime vehicle loans reported by its members were delinquent last year, up from 6.5% a year earlier.

Autumn: Best time to go car shopping

Savvy consumers have known for years that autumn is the best time to shop for a car. The pending flood of new models in October and November drives dealers to more aggressively market vehicles from the outgoing model year in the fall.

In the past 20 years or so, however, manufacturers have increasingly sought to set their new cars apart by bringing them to market at other times of the year. The practice has blurred the lines somewhat between this year’s and next year’s models. Manufacturers favor the approach because their vehicles tend to get more attention from consumers who aren’t distracted by the regular introduction of several competing models. For dealers, it’s a way to bring people into their showrooms during what would otherwise be slow periods.

British off-road vehicle maker Land Rover, a unit of Ford, rolled out its LR2 compact luxury SUV in April as a 2008 model. The early introduction placed it ahead of similar models expected from rivals. The car maker’s finance arm, Land Rover Capital Group, offers a 3.9% finance rate—on the low side for a new model. But consumers can often find attractive rates through banks and credit unions, so a car company’s so-called captive finance businesses often use lower rates as a way to draw more customers who would otherwise arrange loans elsewhere.

Christopher Marchand, Land Rover’s vice president of retail operations, says the 3.9% finance rate on the LR2 is “middle of the road” when compared with what buyers might find at a bank. Still, consumers who have watched finance rates increase lately are likely to find the rates attractive, says Paul Taylor, chief economist for the National Automobile Dealers Association.

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“In an increasingly more difficult credit environment, a range of 3.9% to 7.9% is looking pretty good,” Mr. Taylor says.

The well-reviewed Kia Sedona minivan, a product of Hyundai Motor Co., is offering buyers $3,000 cash back on 2007 models. General Motors corp. is dangling a huge rebate — as much as $7,500 — on its high-end Cadillac XLR, which lists for $78,335, and is offering 5.9% financing on the just-released 2008 Buick Enclave.

Chrysler’s Sebring, a midsize sedan that competes with top-selling models like Toyota Motor Corp.’s Camry and Honda’s Accord, was redesigned about a year ago and is now available with 0% financing or a $1,500 rebate. Such deals are often advertised and relatively easy to find when researching cars on the Internet. However, there are other incentives that manufacturers dole out locally for dealers to use at their discretion.

Toyota rarely offers incentives on its best-selling Camry sedan or most of its other models, but a Toyota spokesman says the company does use so-called dealer incentives “for tactical purposes,” or on a case-by-case basis to attract customers.

And they do attract customers, even to vehicles that might seem unappealing. Though sales of gas-guzzling large pickup trucks like the Ford F-150 and Dodge Ram are down 2.2% for the year, Mr. Taylor says, there was an upswing of 9.1% in August sales thanks to “vigorous incentive competition” among makers like GM, Ford and Toyota that included rebates in some cases of several thousand dollars.

Copyrighted, Dow Jones & Company, Inc. All rights reserved.

Popularity: 33% [?]

ABC’s “I-Caught” Puts New Jersey Dealer “On The Spot.”

September 05, 2007 By: LemonLaw Category: Car Dealership Fraud, TV interview, spot delivery 8 Comments →

Former football star Brad Benson is known for his light-hearted radio and television commercials, however he may have gotten a bit more publicity than he bargained for when his dealership was featured last night on the ABC program “I-Caught.” You can watch the video from YouTube here:

You need to a flashplayer enabled browser to view this YouTube video

The video does not tell the whole story. A daughter enters Brad Benson Hyundai and returns her mother’s car, citing the fact that the dealership changed the interest rate and caused her mother significant aggravation. As she is leaving the dealership, she warns prospective customers. She records the transaction as proof that they did return the car. The salesman seems caught offguard and completely uninformed about the situation, essentially looking like a deer in headlights. She submits the video to a wonderful website, the consumerist (I love their tag-line: Shoppers Bite Back) and the story caught the attention of ABC producers.

Not one to back down from a fight (He once challenged Rosie O’ Donnell to a mud wrestling fight in one of his ads), Mr. Benson put up his own well-produced video rebuttal:

You need to a flashplayer enabled browser to view this YouTube video

In his video, he gives a whole other side to this story. Essentially, he is leaving it to the public to serve as judge and jury and judging from the comments, it appears most YouTube viewers are siding with the protective daughter.

While it would be difficult to put together the pieces of this puzzle without reviewing the paperwork, there are a few rules of thumb everyone needs to be made aware of:

1) Once you have a signed sales contract, it is binding and both parties must uphold the terms of the contract. That means that if the dealer guarantees a certain interest rate, they must secure the financing. It also means that customer must agree to buy or lease the car at the stated cost and interest rate.

2) It is therefore imperative that before you sign on the dotted line, you read through the terms of the contract and make sure you understand them. If you have questions, ask! Do not put down false information about yourself, even if the dealer encourages it. If you have to be dishonest to get a certain deal, it is not worth it and we have seen scenarios where dealers use this to pull the rug out from some customers.

3) If you have a signed retail sales agreement, and the dealer calls you to tell you that they can’t secure financing and you have to resign the contract for a higher interest rate/and or cost OR you need a co-signer, STOP! You could be the victim of a dealer fraud scam known as SPOT DELIVERY WITH YO-YO. It is illegal for a dealer to repossess a car if there is a binding sales agreement If you find yourself in this situation, contact us.

4) On the other side of the coin, you can not just return a car. A car is not a shirt or a book. Once you sign a binding agreement, you are responsible for upholding the terms of that agreement. If you sign a blank contract, you are essentially singing a blank check. Your signature is your most valuable possession. Use it wisely. If your car is giving you troubles, contact us or another consumer attorney, but do not just drop off the car. This will be viewed as a voluntary repossession. The dealer can sell the car on the auction block and sue you for the difference between what they received and what you owe them. Plus, your credit will be ruined. PLEASE DO NOT TAKE THE LAW IN YOUR OWN HANDS. This could backfire on you big time.

It remains to be seen how this case will carry out. I am sure this is not the last we have heard regarding this. Stay tuned…..

Popularity: 28% [?]

Rise & Shine with Craig Kimmel Tuesday morning on CN8

September 03, 2007 By: LemonLaw Category: Car Complaint Index, Kimmel and Silverman, TV interview No Comments →

Lemon Law Lawyer Craig Thor Kimmel will be discussing the 2007 Car Complaint Index live on “Your Morning,”  Tuesday at 7:30am on CN8, The Comcast Network.

Popularity: 13% [?]

Where Do Lemon Cars Go?: Interesting NY Times Story on Laundered Lemons

September 01, 2007 By: LemonLaw Category: Car Lemon Law, Defective Car, Kimmel and Silverman, Pennsylvania Lemon Law, Vehicle Fraud, lemon buybacks, used cars 3 Comments →

Ever wonder what happens to lemon cars once they are bought back by the manufacturer? Last Sunday, The New York Times printed an interesting story which should shed some light on this mystery.

ManyPennsylvania consumers are unaware that in 2002, K&S Attorney Craig Thor Kimmel worked with the Pennsyvlania House of Representatives’ Consumer Affairs Committee to ammend the lemon law to include tighter title provisions for used cars.  Here’s the press release from our news room:

PA LEMON LAW TAKES EFFECT TODAY

New Pennsylvania Lemon Law Will Require Dealers, Lessors, and Transferors To Disclose If Used Car Has Lemon History

Harrisburg, PA (December 2,2002) – A new change to the Pennsylvania Lemon Law to help used car consumers takes place today. House Bill 767, a measure to protect used car buyers from purchasing lemon buybacks without full disclosure, was signed by Governor Mark Schweiker in October and goes into effect today. The change marks the second major amendment to the Pennsylvania Lemon Law Statute in the past year; the first being the expansion of the Law to include leased cars. Pennsylvania is the first state to take this type of action.

Until now, if a car was bought back by the manufacturer under the Pennsylvania Lemon Law, the manufacturer must fix the car, and place a sticker on the window notifying the next purchaser of its history. The manufacturer must also provide a 12 month, 12,000 mile warranty for the vehicle at no charge. Representative John R. Evans (R-District 5, Erie and Crawford Counties), the prime sponsor of HB 767, says the Law didn’t do enough to ensure that consumers would actually receive the notice. “What we found as that some dealers would purchase the car from the manufacturer and strip the disclosure and resell the car to an unsuspecting customer.”

With the provisions of HB 767 added, the PA Lemon Law now requires all dealers and other classified sellers, to disclose the “lemon” history of a used car and also to obtain a signature from the buyer or lessee before the sale/lease. “Requiring a written disclosure from each purchaser, lessee and transferee for the life of the vehicle, ensures that all parties know exactly what they are doing before the sale is finalized.” says Evans. Lemon Law Attorney and Automobile Consumer Advocate Craig Thor Kimmel, a legal consultant to the House Consumer Affairs Committee, says the change will provide immediate benefits to used car purchasers. “The amendment clearly spells out the responsibilities of anyone selling a lemon buy-back in Pennsylvania,” says Kimmel, adding, “With used cars purchases on the upswing, the law did not adequately protect consumers. Now the consumer will be told what they are buying before the sale, and dealers and other sellers are held accountable if they don’t do what they are required to.”

If a manufacturer or dealer fails to comply with the disclosure requirements, and/or the consumer is not notified in the way specified, the dealer or seller faces stiff civil penalties of $2,000 per car, and must offer the purchaser or lessee their choice of a refund or a comparable vehicle without charge.

As added protection, the amendment mandates that manufacturers apply for a branded lemon title from PennDOT before the car can be resold, leased or transferred in the Commonwealth of Pennsylvania. The title branding then remains throughout the life of the vehicle and cannot be removed. For more information on consumers’ rights under the Pennsylvania Lemon Law, including cost-free legal representation, consumers can visit Lemon Law or call 1-800-LEMON-LAW (1-800-536-6652).
 

Popularity: 29% [?]