Lemon Law Blog

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. 

Popularity: 11% [?]

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.

Popularity: 10% [?]

A law that actually helps consumers AND provides free legal help?  It seems too good to be true, but the State and Federal Laws do provide equal footing between you and the billion-dollar automobile manufacturer.  This provides you the opportunity to have a Lemon Law Attorney who knows and understands the Laws, who has significant experience fighting these types of claims, and who has immediate access to the decision makers and attorneys who represent the manufacturer.  This attorney and their staff can also offer additional support throughout a difficult time, providing answers to your questions and helping you deal with obstacles you are facing (i.e. a mechanic not diagnosing a problem properly or at all, a service manager refusing to give you paperwork, job tickets being left open so it seems like you are in the shop less than you are.)

The most common question we receive at 1-800 LEMON LAW is “How do I know my car is a lemon?” So, today on the lemon law blog, we thought we would provide a rundown of the lemon laws in each of the States we work in….But first, answers to five of the most frequently asked questions:

First, YOU CAN NOT RETURN A CAR IN THE FIRST 72 HOURS. This is a common misconception from the days of door-to-door sales, when folks would ring your doorbell and sell you a vacuum or a set of encyclopedias. Once you sign on the dotted line, the car is yours.  Period. Make sure that the right price is listed on the contract, make sure you can afford the car, make sure it’s the finance rate you agreed to and for goodness sake, NEVER EVER EVER sign a blank contract!

Second, THE DEFENDANT IS NOT THE DEALER.  Yes, we know the dealer is lovely and we know you don’t want to get them in any trouble.  But, they don’t make the car.  They are the middle man and they have nothing to do with filing a lemon law claim. In fact, when filing a claim, we ask clients not to discuss the case with the service manager or threaten the dealer that you are going to file a suit.  We do not want you to create a hostile relationship between you and the dealer.  Also, we are NOT a fan of last chance letters. So, you give the dealer a last chance to fix it…and they don’t.  Then what?  If you don’t have a lawyer to enforce the letter, you are stuck in a catch-22.  Again, the law offers FREE help–Take advantage of it!

Third, EVEN IF YOU FALL OUTSIDE OF THE LEMON LAW, WE STILL MAY BE ABLE TO HELP YOU. Do not be discouraged if you have a used car or a motorcycle or ATV in a state that does not cover them. If your problems are covered under an original or extended manufacturers warranty, you could be entitled to MONETARY COMPENSATION, plus you get to keep your vehicle, your warranty remains in full effect, and the vehicle is NOT branded in any way.

Fourth, EVEN IF YOUR CAR IS FIXED AFTER THE THIRD, FOURTH, OR FIFTH REPAIR, you could still be entitled to compensation.  The fact is that every car comes with a manufacturers warranty and that is to ensure that problems are fixed efficiently and effectively and they have not been.  So, we feel you are entitled to money back, significant money, to reflect the diminished value of the car as a result of your problems. Again, if you receive money, the car is NOT branded and the warranty is fully in effect. Plus, the money is non-taxable.

Fifth, THERE ARE THREE POSSIBLE REMEDIES UNDER THE LAWS WE WORK WITH.  Keep in mind this is a legal process, so there are no guarantees, but here is what we are looking at.  Maximum remedy is a full buyback, including taxes, tags, finance charges, etc minus a small mileage offset as prescribed your state.  You return your car to the dealer and it is branded a lemon.  Second, an MSRP to MSRP swap–MSRP stands for manufacturers suggested retail price–basically, you are getting behind the wheel of a brand new car, with same amount of equity as your old car.  It’s trade without depreciation.  Third, if we can’t get a buyback or a swap, we aim to get you as much money as possible in compensation to reflect the diminished value as a result of the problem incurred. Plus, as mentioned before, you get to keep the car.

OK–on that note, here’s a quick rundown of the laws in our states.  For other states, click here.  Have questions?  E-mail us or call 1-800 LEMON LAW (1-800-536-6652).  Here we go:

Pennsylvania Lemon Law :  First problem must occur in first 12 months or 12,000 miles whichever comes first.  Problem must occur three or more times under warranty OR the car is in the shop 30 or more days within the first year, and those days do not have to be consecutive. Car must be purchased (or leased) and registered in PA.  Motorcycles are not covered under PA Lemon Law  (but they are covered under the Federal Magnuson Moss Warranty Act so we can still help!)–Kimmel & Silverman was directly responsible for getting leased cars included under the PA Lemon Law.

New Jersey Lemon Law :  Second most effective Lemon Law in the Nation! First problem must occur in first 24 months or 18,000 miles which ever comes first. Problem must occur three or more times under warranty OR the car is in the shop for 20 days in the first 24 months and they do not have to be consecutive. Motorcycles are covered under NJ Lemon Law. Vehicle can be purchased, leased or registered in New Jersey.

Delaware Lemon Law : First problem must occur in the first year of ownership.  Problem must occur four or more times under warranty OR the car is in the shop 30 or more BUSINESS days in the first year. Vehicle can be purchased, leased or registered in Delaware. Motorcycles are not covered under DE Lemon Law  (but they are covered under the Federal Magnuson Moss Warranty Act so we can still help!)

Massachusetts Lemon Law: First problem must occur in the first year or 15,000 miles whichever comes first. Problem must occur three or more times under warranty OR the car is in the shop 15 BUSINESS days in the first year. Motorcycles are not covered under MA Lemon Law  (but they are covered under the Federal Magnuson Moss Warranty Act so we can still help!)

Ohio Lemon Law : First problem must occur in the first year or 18,000 miles, whichever comes first. Problem must occur three or more times under warranty OR eight problems must occur OR in the shop 30 or more days in the first year. Motorcycles are covered under the OH Lemon Law.

Vermont Lemon Law : First problem must occur three times under warranty period OR in the shop 30 days. Vehciles may be purchased or registered in Vermont.  Motorcycles are not covered under VT Lemon Law  (but they are covered under the Federal Magnuson Moss Warranty Act so we can still help!)

Washington DC Lemon Law : First problem must occur three or more times in the first 2 years or 18,000 miles. Problem must occur 4 or more times under warranty OR be in the shop 30 days in the first two years. Motorcycles are not covered under DC Lemon Law  (but they are covered under the Federal Magnuson Moss Warranty Act so we can still help!)

For more information on your rights, visit lemon law. com or one of our favorite National lemon law websites, Lemon Law America.

Popularity: 22% [?]

As our roller coaster economy continues its downward spiral, repo men are unfortunately having their best year ever.  In an article which recently ran in New York Newsday, the number of cars, boats, motorcycles, and trucks being repossessed has been growing as more Americans are struggling to make ends meet. According to a consultant who works for the National Automotive Fiannce Association, “the first quarter of 2008 brought the auto finance industry a significant increase in delinquencies and repossessions.”

So, how can you take control if you are facing repossession?  First, you may want to proactively address the issue with your lender to see if they can restructure the loan or payment schedule.  Banks don’t normally like to repo vehicles; they lose thousands on each vehicle repoed so they will work with you to try and prevent it. You can also enlist the help of a credit counselor to negotiate with the lender. Newsday recommends the National Foundation for Credit Counseling at 800-388-2227.

Lastly, you should look into enlisting a consumer attorney to make sure that your rights were not violated. The creditor may not have the right to repo the car.  For instance, if the seller committed fraud, mispresentation or illegal practices in selling the vehicle, the creditor is responsible for their wrongdoing.  Therefore, the contract may be null and void and they may be prevented from repossessing the car. In addition, the bank may be responsible for compensating the consumer for the seller’s actions. 

Furthermore, repo men may not trespass onto your property or use threats of force. And, while they don’t have to provide prior notice, they must immediately provide you notice in person or via certified mail which outlines the debtor; the vehicle; the location of the car; whether or not the buyer can reinstate the contract; the time, place and manner of resale; an itemized statement of amounts owed; including any repossession charges; and a list of the location and personal property contained in the vehicle. The letter must be sent no less than 15 days before the date of resale.

If your car has been repoed, and you feel your rights have been violated, please contact us and we will be glad to discuss the matter with you.

For more information on help with Vehicle Lender Abuse and Repossession Fraud, please click here.

Popularity: 17% [?]

Try saying that five times fast. Ken Thomas at The Associated Press is reporting that BMW is recalling 200,000 vehicles over concerns that the front passenger airbag may not deploy in a crash.

Cars affected by the recall include:

• 2006 BMW 3 series
• 2004-2006 BMW 5 series
• 2004-2006 X3 compact SUV

According to The National Highway Traffic and Safety Administration(NHTSA), small cracks are developing in the seat detection mat. If the mat fails to recognize that a person is sitting in the passenger seat, it deactivates the airbag. Passengers have noticed that the deactivation light has come on even when someone is sitting in the seat and they brought the problem to BMW’s attention. In addition to the cars currently being recalled, NHTSA is also investigating if this problem exists in other models.

Currently, BMW has received 23, 739 warranty claims over the airbag system since early January. (A reminder–if you have been back for this problem three or more times, you may qualify for additional remedy under State Lemon Law or Federal Warranty Law, but you know that already, faithful blog reader.)

IF YOU DRIVE ONE OF THESE CARS, CONTACT YOUR DEALER TO ARRANGE FOR YOUR RECALL REPAIR ASAP. To further respond to these problems, BMW will extend the warranty to 10 years without any mileage limit on the detection mat for the following models:

• 2006 BMW 6 series
• 2006 BMW 3 series with standard seat
• 2004-2005 BMW Z5 series
• 2004-2006 BMW 7 series
• 2006 BMW X5
• 2004-2006 BMW 5 series with comfort seats

Under this extended warranty, the detection mat would immediately be replaced at any time through the length of the warranty at no charge to the consumer.

Remember, an airbag is a serious component which affects the use, value and safety of your car. If you are suffering any problems with your, regardless of the model, you should fight for your rights. For another great reference, check out airbag-light.com.

Popularity: 9% [?]

As we continue to report, new car sales have been sinking faster than the Titanic.  Many folks, hoping to save a couple bucks, are turning to used cars for solace (not a bad idea considering that depreciation accounts for a whopping 46 percent of the owner’s cost over a five-year period).  But we need to remember that regardless of how much a car costs, gas is the same price for everyone.  Therefore, the big question is “which used cars use less gas?”

Fear not distressed driver–Consumer Reports has come to the rescue.  On their car blog, they have compiled a list of used cars which have the best fuel economy.  These rankings are based on measurements using a flow meter,  and calculated from equal portions of city, expressway and rural roads.

Without further ado, here is the list:

Under $10,000

• 2000 Honda Insight (Manual)   51MPG
• 2001-02 Toyota Prius 41MPG
• 2000-05 Toyota Echo 38MPG
• 1999-2002 Chevrolet Prizm  32MPG
• 1998 Mazda Protege LX 32MPG
• 1998-2001 Acura Integra LS (Manual)  32 MPG
• 1998-2000 Toyota Corolla CE/LE  32/31 MPG
• 2004-05 Toyota Scion xA manual/automatic  31/30 MPG

$10,000 – 20,000

• 2004-06 Toyota Prius  44 MPG
• 2002-03 Toyota Prius  41MPG
• 2006-07 Honda Civic Hybrid  37MPG
• 2003-05 Honda Civic Hybrid  36MPG
• 2007 Honda Fit Sport (Manual)  34MPG
• 2007 Toyota Yaris Liftback (base, manual)  34MPG
• 2007 Toyota Yaris Sedan (base, automatic)  33MPG
• 2007 Honda Fit (base, automatic ) 32MPG
• 2004-06 Scion xB (manual/automatic)  32/30MPG
• 2006 Scion xA (manual/automatic)  31/30MPG
• 2006-07 Honda Civic EX (manual)  31MPG
• 2004-07 Mazda 3 (manual)  30MPG
• 2006 Mini Cooper Hatchback (manual)  30MPG

This list does not come as a huge surprise.  It is largely dominated by Toyota and Honda, two companies we revere.  Of course, as we always tell you, it is important to make sure you buy a car with a manufacturers warranty.  Chances are this is going to be a car that is less than three years old.  And please ALWAYS remember to bring along our Lemon Dodger worksheet so you know which questions to ask.  What good is saving money on gas if the car does not run?  Happy shopping!

Popularity: 20% [?]