Lemon Law Blog

Looking to buy a car?  Would you believe that in today’s economy, it may be better to purchase a new car than a pre-owned one?  Lemon Law Attorney Craig Thor Kimmel discussed the pros of buying a new car with Michelle Buckman of Fox 29 News today.  The interview, which was taped at the Philadelphia Auto Show, airs tonight during the 5pm newscast.

So, what are the selling points, when it comes to buying a new car?

First, there’s the warranty.  Many folks who are calling 1-800 LEMON LAW regarding their used cars have aftermarket warranties which are worth less than the paper they are written on.  The cost of repairing a car, when you include both labor and parts, could be skyrocketing and if you don’t have a manufacturers warranty, you could be stuck with a huge bill.  A new car means you are ensured a manufacturers warranty and that your repairs will be covered by skilled technicians using manufacturer-approved parts.  Thus, the manufacturer is responsible for the quality of the repair.  Also, in many states, including Pennsylvania, only new cars are covered under Lemon Law.  (There are Federal Laws to assist consumers who have pre-owned cars with manufacturers warranties but the maximum remedies are not the same.)

Second, there are amazing financing deals available for folks with good credit.  The dealers need to get rid of these cars, and now that they have 2008 leftovers and 2009 models, the inventory is larger than ever. Those with good credit scores are now in the “drivers seat” when it comes to getting a great deal on a great car.

Third is technology.  Visiting the car show today, we were thrilled with all the new safety features available to consumers.  Plus, more and more manufacturers are really thinking about fuel economy and how to save their drivers money each week at the pump.

Fourth, there may be an added incentive from Uncle Sam.  Hybrid drivers are now looking at tax deductions ranging from $1,000-3,000, plus there is a bill being introduced which could provide any new car buyer an average of a $1,300 deduction on a $25,000 car.  The government is looking at ways to convince consumers to purchase these cars, so that our manufacturers can rebuild their companies and their profits. 

If you have questions about car buying, drop us a note and we’ll be happy to help any way we can.  In the meantime, if you are in the Philadelphia area, we urge you to check out the Philadelphia Auto Show opening tomorrow and running through February 8 at the Pennsylvania Convention Center.  It’s the ideal setting to view all different makes and models, without being attacked by salespeople.  Happy Shopping!

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We have a few important recalls to share courtesy of our friends at US Recall News:

Chrysler is recalling 32,865 2008-009 Dodge Ram 2500, 3500 and 3500 cab chassis pickup trucks equipped with Powers & Son Steering Linkage.  There is an issue which could result in loss of steering control and the restricted ability to turn the vehicle. Dealers will inspect and replace the affected parts starting this month. 

The company is also recalling 19,024 2005 Dodge Durango vehicles for problems stemming from a fuel tank valve which may not close at the end of refueling, resulting in fuel possible escaping from the vehicle. Fuel leakage in the presence of an ignition source could result in a fire. Dealers will inspect the fuel tank assembly free of charge.  This recall is expected toe begin next month.

Owners may call Chrysler at 1-800-853-1403 for more information.

In motorcycle news, Yamaha is recalling 9,300 2006-2009 FJR1300 motorcycles because the internal switch wiring could be disconnected, resulting in engine stalling.  Dealers will replace the ignition switch free of charge.  Recalls started last week, however if you have not been contacted, you can call Yamaha at 1-800-962-7926 for more information.

As always, we remind you that if you have an issue which is recalled and then you have to return a couple times after to fix issues caused by the recall, or if you complained about a problem prior and it was finally fixed by the recall, you still have rights under State and Federal Laws.  Feel free to contact us if you have any questions.

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The Consumerist, one of our favorite consumer news sites, has reported on Kenneth Hammels’ victory against Cherry Hill Triplex.  You can read all about it by clicking here. 

Of course, in addition to being very proud of being featured, we always love to read the comments people post.

Congratulations Mr. Hammel!

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When college student and Kimmel & Silverman client Ryan Robinson purchased the car of his dreams, a 2007 Ford Mustang with 13,000 miles, he had no idea he was stepping into a puddle of problems. However, even though the carfax was clean, Robinson found his car turned out to have previously been flooded.  He has filed suit against the dealer for misrepresentation and remarkably enough, we signed another client today who purchased a flooded BMW from the same dealer.

CBS 3Consumer Reporter Jim Donovan has Robinson’s story, and also some important tips from ASE Certified Mechanic Steve Ruch on how to spot a flood car.  You can read the story and view the video by clicking here.

Also remember, when purchasing a used car, there are a lot of questions you need to ask to make sure your dream car was not previously someone else’s nightmare.  Check out our Lemon Dodger worksheet, and make sure you read some of our past blog entries on used car buying.  Even though you are purchasing a used vehcile, you still are making a significant financial commitment and if you don’t watch yourself, you could find yourself paying out of pocket for costly repairs and part replacement.  We have seen many instances where it cost a consumer more to purchase a used car than it would have to purchase a new one.

Lastly, if you feel your car was misrepresented at the time of sale, inquire about your rights with us or another consumer attorney.  It never costs anything to ask a question and the advice provided could prove to be invaluable.

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You may remember a while back, we reported on this lawsuit involving a handicapped senior citizen who was taken for a ride by a local dealer.  We are pleased to offer this follow-up:

HANDICAPPED SENIOR CITIZEN FROM BUCKS COUNTY WINS TENS OF THOUSANDS IN DEALER FRAUD LAWSUIT AGAINST CHERRY HILL TRIPLEX Consumer Sues For Fraud And Deceptive & Unfair Trade Practices

FOR IMMEDIATE RELEASE  A handicapped senior citizen who filed suit against the Cherry Hill Triplex automotive group of Southern New Jersey, claiming deception and theft, has won $13,893, in addition to treble damages of $41,679, plus attorneys fees, and will get to keep his vehicle, a 2005 Kia Sedona.  Craig Thor Kimmel and Melissa K. Fiala of the lemon law and consumer advocacy firm of Kimmel & Silverman, P.C. brought the case on behalf of the consumer.

According to attorney Melissa K. Fiala, the testimony revealed that Cherry Hill Triplex engaged in practices that were unlawful and deceptive. Craig Thor Kimmel says “It is a terrible thing that in these difficult economic times, some businesses feel entitled to take advantage of their customers. Senior citizens are especially vulnerable and should be cautioned never to go it alone when swimming in these shark tanks.’  Both Kimmel and Fiala further say that consumers can’t believe everything they read in mail or print advertisements.  “As the old adage says, if it’s too good to be true, it most likely is.  Mr. Hammel learned the hard way.” says Kimmel.

If you feel that you have been victimized by an automotive dealership, visit www.lemonlaw.com or call 1-800-LEMON-LAW (1-800-536-6652) to learn more about your rights.

Read more about Hammel’s case and the decision by clicking here.

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We frequently receive calls at 1-800 LEMON LAW regarding defective airbags….obviously this is one defect drivers want resolved immediately.  Thus, Nissan truck drivers should be relieved to note that the manufacturer has found an airbag problem with their vehicles and plans to do something about it.

Yahoo is reporting that Nissan Motor Co. will recall more than 240,000 trucks throughout twenty cold weather states, including all of our states: Connecticut, Delaware, Pennsylvania, New Jersey, Ohio, New Hampshire and Massachusetts.  The manufacturer has noted that in states where road salt is used to melt the ice, a mixture of the salt, snow and water could enter into a crash zone sensor and rust, thus interrupting the signal and preventing the front air bags from deploying in a crash.  Thankfully, the situation was discovered through a large number of warranty claims, and no injuries were linked to the problem. 

Trucks affected include the Nissan Frontier, Pathfinder, and Xterra from 2005-2009 model years.

242,700 trucks in total will be recalled, and the recall is based on where the vehicle is registered.  Nissan said those drivers who qualify for the recall will be notified by mail and Nissan will install a redesigned sensor at no cost regardless of warranty.  Owners in other states not included in the recall will receive a 10-year warranty on the sensor.

For more information, you can contact Nissan at 800-647-7261.  Of course, if you have endured continuous problems with your airbag and it has been serviced by the manufacturer three of more times, you could be entitled to additional remedy through State and Federal Laws.  If you have any additional concerns regarding your airbags and the service you are receiving to attempt to repair them, please contact us or another consumer law firm.

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