Lemon Law Blog

Information and discussions about the Lemon Law, the Magnuson Moss statute, and Dealer Fraud. Provided by Kimmel and Silverman.
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Archive for July, 2008

Cool, Compact & Now With Less Complaints

July 18, 2008 By: LemonLaw Category: Car Buying, Chrysler, Honda, Nissan, acura, best buys, center for auto safety, hyundai, kia No Comments →

Anyone looking to purchase a cute, compact number in the wake of these high gas prices?  If you’re looking for a cool ride that will be easy on your wallet, look no further.

Consumer Advocate Jack Gillis and The Center for Auto Safety have put together a comprehensive list of Best Bets in the 2008 Car Book, and they have given 1-800 LEMON LAW permission to reprint their findings. These are the highest-rated vehicles in terms of crash tests, safety features, fuel economy, rollover prevention, maintenance and repair costs, warranties, insurance costs, customer complaints and overall performance.

So, without further ado, here are this year’s best bets in the compact, subcompact and intermediate categories:

Subcompact:
Hyundai Accent
Kia Rio

Compact Cars:
Honda Civic/Civic Coupe
Hyundai Elantra
Kia Spectra
Nissan Sentra

Intermediate:
Acura TSX
Acura TL
Chrysler Sebring
Hyundai Sonata
Kia Optima
Nissan Altima

This list is great news for the Korean manufacturers, who have certainly stepped it up in terms of quality and warranty coverage since their inception.  They are following in the footsteps of stalwarts Honda and Nissan, both of whom have always been respected for offering top notch products and exceptional customer service. 

And if you don’t care about a little pain at the pump, you can check out the best large cars, SUVs, minivans and trucks, by clicking here. Also, here is our disclaimer for the day–remember that just because a car may appear on this list does not mean you are completely clear of finding youself in a lemon. Defects do happen from time to time, and if  your sweet ride is turning sour, you need to know your Lemon Law rights. Happy shopping!

Popularity: 22% [?]

GM Has Big Plans For Small Cars

July 17, 2008 By: LemonLaw Category: Car Buying, GM, General Motors, cadillac, chevrolet No Comments →

General Motors, not wanting to face the fate of bankruptcy, is scaling back with an overall $15 billion cost-cutting program, as reported by Mike Harris of The Associated Press. Speedway Motorsports Inc., which owns eight tracks that hold NASCAR events, already has been told GM will not renew contracts at two tracks — New Hampshire Motor Speedway and Bristol Motor Speedway. In addition, the company has suspended its stock dividend, another huge blow to investors who have seen their shares dip to the lowest prices in fifty years. And finally, to reward those employees who have stood by the company through its trials and tribulations, The Street is reporting that they will no longer offer health care to retirees, effective January 1, 2009.

However, depsite the gloom and doom that has been haunting the automaker, the company is remaining optimistic with their plans for the upcoming year. A story in the Baltimore Sun reports that GM’s sales fell 16 percent in the first half of the year, with trucks off 21 percent and cars down nearly 9 percent. GM Prez Fritz Henderson says that for the company to succeed, they must repair their car brand image and “steer” away from trucks (pun intended.) The Chevrolet Malibu has seen its sales increase a whopping 46 percent in the first half of the year, even though the new and improved quality and style resulted in an MSRP increase of $4000. Eighteen of the 19 vehicles GM will unveil between now and 2010 will be cars or crossovers, including a smaller Cadillac.

The manufacturer is also kicking the clunky Cobalt to the curb, replacing it with the sleek Cruze, a little powerhouse with a 1.4 liter turbo-charged four-cylinder engine that will allow it to get a fantastic 45 miles per gallon.  The Cruze is coming to a GM dealer near you in 2010.

Popularity: 14% [?]

Showbiz Couple Breakup Creates Confusion

July 15, 2008 By: LemonLaw Category: Bob Silverman, Car Lemon Law, Craig Thor Kimmel, Kimmel and Silverman, humor No Comments →

DESPITE SHOWBIZ COUPLE BREAKING UP, KIMMEL & SILVERMAN, THE LEMON LAW FIRM, IS STILL GOING STRONG

 July 15, 2008– As headlines continue to roll in about the demise of the
relationship between late night talk show host Jimmy Kimmel and
comedienne Sarah Silverman, the calls are coming in at 1-800-LEMON-LAW,
the law firm of Kimmel & Silverman.

Clients of the largest automotive lemon law firm in the Northeast are
relieved to hear, after reading headlines which read “Kimmel & Silverman Split,”  that the Firm is still going strong.

The relationship between Craig Kimmel and Bob Silverman has lasted quite
a bit longer than Jimmy & Sarah’s-18 years to be exact. The attorneys,
who started out working for the same defense law firm, carved out a
niche in lemon law, using the fee-shifting provisions in State and
Federal Laws to provide cost-free legal assistance to consumers.  Since
its inception, the Firm has helped more than 45,000 consumers throughout
Pennsylvania, New Jersey, Delaware, Maryland, Massachusetts, Ohio,
Washington D.C., Rhode Island, Vermont and New Hampshire. Their website,
www.lemonlaw.com, receives over one million visits a year from
distressed drivers looking for legal assistance, and they have been
honored for their efforts by numerous organizations, including the
American Bar Association.

“I was quite shocked when the headline popped up on cnn.com,” deadpanned
lemon law attorney Craig Kimmel. “I thought my relationship with Bob was
going well. There were no warning signs. Then I found out about Matt
Damon, and turned to my good buddy Ben Affleck for advice.”

Craig and Bob do offer their best wishes to Jimmy and Sarah.
“Relationships are like cars; sometimes they go the distance, and
sometimes they don’t. At least cars have a warranty and when they are no
good, you have the lemon law and someone to go after.” says Kimmel.
“But, no doubt like our clients, we know that both of them will soon
find themselves on the road to recovery.”

EDITOR’S NOTE:  We love when people get our humor. This press release was picked up by numerous wire services, blogs and even the ABA Journal, whose headline reads “Law Partners Kimmel and Silverman are Still Happily Married!”

Popularity: 13% [?]

NBC10 Story on Philly Used Car Lemon Law

July 15, 2008 By: LemonLaw Category: Craig Thor Kimmel, Lemon Law, TV interview, consumer rights, philadelphia No Comments →

From “All That & More” on NBC10 in Philadelphia (7/14): Councilman Darrell Clarke has listened to his fair share of stories from constituents telling him about how they’ve been duped by used car dealers.

“One lady in particular, she came in, she clearly had her paperwork, the vehicle was clearly damaged, but it was sold to her and she had no recourse,” says Clarke.

Councilman Clarke wanted to change that. We found out that we locally could impact the law that would allow a person to have some recourse if they bought a used vehicle that had structural damage,” says Clarke.

And so Philadelphia’s first used car lemon law was born!

Under the new law Philadelphia used car buyers get the opportunity to have the car inspected by a mechanic within 72 hours of purchase.

If a major problem is found, the buyer can either return it for repair or get a full refund.

Craig Kimmel is a lemon law attorney.

He says the new law is very much needed because consumers make a lot of mistakes when buying used cars.

Like, buying without a manufacturer’s warranty.

Kimmel says, “Dealers specialize in re-conditioning vehicles to look as good as they possibly can when you see them. If you don’t know how a car works and you’re not able to inspect it as a mechanic, the chances are that you’re gambling if you buy a car without a warranty.”

In some cases, Kimmel says people make the mistake of buying a car without asking questions about the car’s accident history.

“Accident history is very important because how a car is put back together not only determines how it performs but also determines whether or not certain problems that may arise later are going to be covered by the warranty,” says Kimmel.

It is important to always run a vehicle history report, and if you don’t understand the report, ask questions!

Kimmel says that’s one of the mistakes people make, they don’t bring the car to an outside mechanic to look it over before they buy.

“They’ll test drive the car, check for fluids they’ll make sure the fluids are the right colors so they don’t show signs of contamination or further engine problems,” says Kimmel.

Kimmel continues, “They’ll give you an idea of what your expecting in the future with this car the same way a home inspector would tell you if the new house you’re buying needs a new roof.”

Popularity: 12% [?]

KDKA TV Reports on Motorcyclist’s Rights

July 14, 2008 By: LemonLaw Category: Lemon Law, Magnuson Moss, Motorcycles, TV interview, arbitration policies, motorcycle lemon law No Comments →

GREENSBURG MAN FIGHTS BACK OVER BROKEN MOTORCYCLE

GREENSBURG (KDKA, 7/11/08) ― With gas prices up, motorcycle sales are rising too. Some motorcycles can get fifty, even sixty miles per gallon, but what if you run into trouble? If your motorcycle turns out to be a lemon, the Pennsylvania Lemon Law doesn’t cover motorcycles, so what can you do? Here’s how one Greensburg rider fought back and won.

Brian Markiewicz of Norvelt spent close to $15,000 two years ago for his motorcycle, a brand new Yamaha Roadster, but his problems began the day he bought it.

“On the way home, it would pop back through the carburetor, hesitate and stall,” explained Markiewicz.

Markiewicz says it’s a problem that’s caused him more than a few close calls, but even though he took his bike back to the dealer for repairs at least seven times, nothing was done that fixed the problem with his bike.

Brian Markiewicz found help through Pennsylvania lemon law attorneys, Kimmel and Silverman. Brian learned that even though the state lemon law doesn’t cover motorcycles, there is a federal law that does.

“There is still recourse if you have a motorcycle that’s not working the way it should and it hasn’t been repaired by the manufacturer,” explained Brian’s attorney, Kimmel & Silverman Pittsburgh Managing Attorney Christina Gill Roseman.

It’s the Magnuson Moss Warranty Act, a law that covers not only motorcycles but computers, ATVs, any product that is under warranty, has problems and those problems aren’t fixed in a reasonable period of time. Usually three or more attempts to fix the problem is considered reasonable.

Attorney Christina Gill Roseman took Brian’s case to court. Arbitrators awarded Brian a settlement of $3,644 for diminished value of his motorcycle due to the unfixed problem.

“I keep the bike and I can have it repaired by anybody else or trade the bike or get rid of it or whatever I want to do with it, ” said Markiewicz.

Not only did Brian win a money settlement, he was awarded attorney fees as well. That’s because under the Magnuson Moss Warranty Act, consumers like Brian Markiewicz who fight back and win don’t pay.

“These are fee shifting statutes, “explained Gill Roseman. “That means if the plaintiff is successful, the manufacturer pays the fees and costs associated with their case.”

“So far, ” said Markiewicz, “it hasn’t cost me a penny. I am amazed.”

The moral of this story for consumers is if you have a product under warranty and can’t get satisfaction with repairs, you can take the company to court at a price you can afford. Nothing!

Contact Kimmel & Silverman at 1-800 LEMON LAW (1-800-536-6652) or click here.

To watch the story, click here

Popularity: 14% [?]

GM Filing For Bankruptcy? CEO Says No.

July 11, 2008 By: LemonLaw Category: Car Buying, GM, General Motors, buick, cadillac, car sales, hummer, trucks 1 Comment →

As you can expect, we have successfully handled thousands upon thousands of GM lemon law cases through the years….Cadillacs, Buicks, Chevrolets, Corvettes, Pontiacs, Hummers, etc.  Founding Partner and Lemon Law Attorney Bob Silverman has taken charge of many of these cases, and he has always felt that, despite the fact the glitches occur, GM has constantly exhibited a strong commitment to quality and customer service.  We have also seen that many of our GM clients have illustrated tremendous brand loyalty, buying a brand new GM vehicle following their lemon law experience.  Thus, it is quite disheartening to hear that this once invinceable auto giant is suffering a tremendous amount of troubles and tribulations.

Bloomberg reports that the company has suffered a 16 percent decline in 2008 U.S. auto sales and the price of GM stocks is now at a 54-year low (Shares have tumbled 62% this year, the most among the 30 companies in the Dow Jones Indsutrial Average). However, despite continuous speculation that GM could file for bankruptcy in the next year, Chief Executive Officer Rick Wagoner says that the company has “no thoughts whatsoever” of bankruptcy.  Wagoner also says that Hummer is the only one of GM’s U.S. brands being studied for possible sale or shutdown. As gas prices continue to soar, the manufacturer will review the truck’s future and sales potential. He adds that the bankruptcy rumors have not resulted in any drop in sales, with GM sales falling less than 1 percent in the first three months of the year.

As a company, GM has not posted an annual increase since 2004, with no U.S. sales gain since 1999. Last year, they suffered an astounding $38.7 billion loss. Outside analysts say that in a worst case secnario, with sales continuing to decline and an inability to acquire much needed captial, GM might have to declare bankruptcy by the end of 2009 or beginning of 2010, but they put the odds of that happening at 25 percent.

Popularity: 20% [?]