Lemon Law Blog

Late last week, we taped a story on flood cars (Check back with the lemon law blog for air date and station).  A young man surfed the web for a great deal on a beautiful 2007 Silver Ford Mustang.  It was loaded with every feature he could ask for….and a few problems he didn’t want.  After he purchased his car, he found a significant amount of rust under the seats.  Upon further inspection, he noticed the carpeting appeared to be replaced. He called 1-800 LEMON LAW for advice on how to handle the situation. Needless to say, our experts uncovered additional evidence that proves this car was involved in some sort of flood and had been immersed in water.  We are currently representing the young man as he fights the dealer to get his money back.

The wet weather down South caused a number of vehicles to be caught in flood waters.  These cars were washed, title and all, and promptly put on the auction block where dealers have purchased them at rock bottom prices.  Now, they are sitting on lots across the Nation, aiming to attract unsuspecting consumers looking for a great deal on a pre-owned car.

While there is no sure way to detect vehicle flood damage, the National Automobile Dealers Association offers primary advice that may be used to detect significant water damage. At a minimum, a prospective buyer should:

Check the vehicle’s title history on carfax,it may state whether it has sustained flood damage (However, carfax should not be your only tool.  In the case of this young man, his carfax came out clean); 

Examine the interior and the engine compartment for evidence of water and grit from suspected submersion; 

Check for recently shampooed or replaced carpet; 

Look under the floorboard carpet for water residue or stain marks from evaporated water not related to air-conditioning pan leaks; 

Inspect for rusting on the inside of the car and under interior carpeting and visually inspect all interior upholstery and door panels for any evidence of fading; 

Check under the dashboard for dried mud and residue, and note any evidence of mold or a musty odor in the upholstery, carpet or trunk; 

Check for rust on screws in the console or other areas where the water would normally not reach unless submerged; 

Look for mud or grit in alternator crevices, behind wiring harnesses and around the small recesses of starter motors, power steering pumps and relays; 

Complete a detailed inspection of the electrical wiring system looking for rusted components, water residue or suspicious corrosion; and 

Inspect the undercarriage of other components for evidence of rust and flaking metal that would not normally be associated with late model vehicles.

If you sense something is not right, even if the carfax comes back clean, have your car checked out by an independent body shop.  If you can prove that your car has flood history, and it was not dislcosed by the selling dealer, you could be entitled to significant monetary remedy or perhaps a full refund.  Feel free to contact us if you have any questions.

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Lemon Law attorney Bob Silverman is featured in the November/December edition of The Penn Stater, Penn State’s Alumni Magazine.  As part of the magazine’s how -to guide, Bob, a 1986 graduate, offers some guidance on how to avoid buying a lemon:

Narrow the car you’re looking for down to make and model. You have to do your research and know which models are reliable, especially if you’re buying a used car.  You can research using on-line resources or check out magazines such as Consumer Reports. Our website, www.lemonlaw.com, actually has a lemon dodger worksheet,  which provides the questions every used-car buyer should ask the dealer before signing on the dotted line.

If you are buying a used car from a dealer, you want to look into a vehicle that is certified by the manufacturer. This provides you with the manufacturer’s guarantee that they have gone over the car, and if there is a problem, they will address it.

When you buy a used car, you want to have some sort of warranty, preferably from the manufacturer. Most of the certified cars come with a factory warranty. If you buy a car in a private sale, and it has warranty leftover, it can transferable and you may still have legal recourse if needed. You want to make sure that if the car does break down, you are not going to be socked with huge repair bills which eat up the savings you accrued from buying used instead of new. If you have a manufacturer’s warranty, always take it to an authorized manufacturer dealer for repair, never to a private mechanic, as that will void your warranty.

Every state has a lemon law.  Most lemon law firms don’t really deal with lemons per se; they deal with varying degrees of defects:  Your brakes don’t stop the car, your steering isn’t right, the car leaks–that kind of thing.  The best part of the Lemon Law and the Federal Warranty Statutes is that in addition to providing you with a refund or new car, they also require manufacturers to pay all legal fees. The help is completely free to to the consumer.

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At 1-800 LEMON LAW, we have heard of folks suffering with headaches after driving around in their new vehicle, and we never understood what they were talking about….until now.  It appears that the new car smell we are all so fond of could actually make us sick.

CNN.com is reporting that this scent could be made up of a variety of poisons, including arsenic and formaldehyde.  With American automakers suffering in an economic slump, this pollution is not getting much play.  On the other side of the world however, European and Japanese automakers are well aware of this problem and are working hard to combat it.

So, which cars tend to be most problematic?  According to the Ecology Center’s HealthyCar.Org study which they put out each year, the most toxic avengers are:

• Suzuki Forenza
• Suzuki Reno
• Lincoln Mark LT
• Mitsubishi Eclipse
• BMW 128i

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1-800 LEMON LAW is now offering free legal help to distressed drivers throughout Connecticut. We are pleased to announce the opening of our new Connecticut Lemon Law Office, managed by Angela Troccoli.

The Connecticut Lemon Law is one of the most effective lemon laws in the Nation for several reasons. First, it covers all vehicles, including cars, trucks, motorcycles, ATVs, RVs, and commercial vehicles. The only exception is agricultural equipment. Secondly, the CT Lemon Law states that a problem must first occur in the first 18,000 miles or 24 months whichever comes first. This is similar to the coverage provided under the New Jersey Lemon Law, but much longer than the 12 months provided under the Delaware Lemon Law and the 12 months, 12,000 miles provided under the Pennsylvania Lemon Law.

The problem must occur four times to file a CT Lemon Law claim, but there is a special caveat which states that if there is a significant safety hazard, the consumer only needs to give the manufacturer two repair attempts to fix the problem. Connecticut Lemon Law also covers vehicles that are in the shop 30 or more days within the aforementioned 18,000 miles/24 month period, and those days do not have to be consecutive or all for the same problem.

Of course, if you have a problem which repeatedly occurs starting after the 18,000 miles/24 month period, but still while under original or extended manufacturers warranty, we can help you under the Federal Magnuson Moss Warranty Act, which we frequently discuss in this blog.

Using the same provisions we use in other State Lemon Laws and Federal Warranty Laws, we will be offering CT consumers completely free legal help. If they prevail, the manufacturer must pay all attorneys fees and legal costs. If for some reason, we do not prevail, there is still no cost. So, there is no cost and no risk to filing a claim.

If you feel you may have a CT lemon law claim, feel free to call us 1-800 LEMON LAW (1-800-536-6652) or fill out our Get Rid Of Your Lemon worksheet. We will be glad to review your situation and see how we can help.

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In today’s economy, many folks are purchasing used cars to save a few dollars. We have repeatedly provided tips on how to make sure your used dream car was not previously someone else’s nightmare. You need to do your homework, take a look at our lemon dodger used car buying worksheet, inquire about the car’s repair and accident history, have an outside mechanic check out the car, and lastly invest in a carfax report to insure no hidden secrets about the vehicle’s past. This must all be done BEFORE signing on the dotted line. Buying a used car can be a significant financial gamble and if you don’t take your time, you could end up spending more money than you would on a new car. We have seen it happen many times.

Today, as a public service, we thought we would reach out to any auto retailer out there who thinks it’s okay to roll back an odometer. Throughout the seventeen years we have been in business, we have received well over 1000 calls pertaining to odometer rollback. It remains a common act of dealer fraud. And as we have repeatedly told consumers, it is illegal. There are retailers who never get caught, but if they do, they could find themselves in serious trouble. CBS Marketwatch reports that a 55 year-old man from Georgia has been sentenced to 18 months in prison, six months of home detention and another six months of supervised release for pleading guilty to two counts of odometer rollback.

If you think your odometer has been rolled back, carfax remains one of the best sources to see if your suspicions hold truth. However, even if the carfax comes up clean, your can contact your State’s DMV office to see if they can assist you. If you have proof that your odometer has been rolled back, or if you receive notice from the State (which does happen), you need to contact us at 1-800 LEMON LAW or reach out to another consumer law firm. The Firm should be prepared to use various consumer statutes to ensure cost-free representation.

If you have any questions, or feel you were the victim of odometer rollback, feel free to drop us a line at lemon law.com and we will see if we can help, or direct you to someone in your area.

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