Lemon Law Blog

Jacqui Herritt, Managing Attorney of Kimmel & Silverman and one of the most prominent women consumer attorneys in the Nation, has contributed a car-buying article to the inaugural issue of MomSpace Magazine.  If you are planning on buying a car in the near future, you must click here to ensure that you are not taken for a ride.

You can find MomSpace Magazine at bookstores and retail outlets throughout Pennsylvania, New Jersey and Delaware.  For a free subscription, visit www.momspace.com.

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Gadzooks!  For as long as we can remember, many of the 1-800 LEMON LAW family has spent their mornings listening to Preston & Steve, first on Y-100 and now on 93.3 WMMR in Philadelphia.  So, we were a little taken aback when the gang on the show started to sing a competitor’s jingle recently.  All in good fun, we dropped a quick note to our pal Preston, who told us he had been seduced by cookies (hey, who hasn’t?).  We asked how we could garner a mention, being that we are the oldest and largest in the land.  Preston immediately replied with the magic word…..donuts!

Yesterday, Jason Ryan from our settlement department, along with long-time employee Lori Lee Harrison, paid a visit to the WMMR studios armed with a few dozen sweet treats for the crew.  Preston & Steve kept to their word, telling their listeners we were “exemplary” and reminding them that 1-800 LEMON LAW is the only lemon law firm in the Nation honored by the American Bar Association.  They also let Lori & Jason sit in for the entire show, which was a big treat for both of them.

Here’s a picture and a soundbite from the show.  Thanks to Preston, Steve, Casey, Kathy, Nick, Marisa and the crew.  You guys rock!

Soundbite: 1-800-Lemon-Law Plug on the Preston and Steve Show!

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When filing a lemon law or breach of warranty claim, there are two things you should have in your possession to ensure maximum remedy.

REPAIR INVOICES which clearly outline that you have continuously brought this matter to the manufacturers’ attention.  These invoices should outline specifically what you complained about, and the service manager should allow you to review the list of complaints before they begin service.  At the end of the service, a copy of this invoice should be presented to you, along with a verbal rundown of exactly what work was performed on your car.  HANG ON TO THESE PAPERS–TREAT THEM LIKE GOLD.  Essentially, they could make or break your case.

PROOF OF SERVICE that illustrates how you have kept up your side of the bargain, making sure your car was maintained and service properly according to the manual.  Make sure you are getting your oil changes completed regularly according to the schedule outlined in the owners manual.  And if you are one of those folks who likes to change your oil yourself, hang on to sales receipts and proofs of purchase for the oil, and write everything down in a log.  This week, we received a call from a woman who was especially proud of the way she had meticulously kept her 2003 sedan, and was shocked when the manufacturer told her she had to pay $9,000 for a new engine, despite the fact that her model was known for engine problems.  It turns out that she had no proof of an oil change between 5,600 and 14,800 miles, and that glaring hole allowed the manufacturer to point the finger at her, and blame her for the engine sludge problem she was experiencing.

Now, I know we all hate clutter, but it is imperative that you never throw out any invoices or service records pertaining to your vehicle.  Keep them in a file and make sure they are always at hand.  After all, you never know. One day, those papers you thought were trash could lead you to “a treasure.”

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We are getting a lot of calls recently on the 1-800-LEMON LAW hotline from folks who think the State and Federal laws are cut and dry, want to fight on their own, and just want some advice on how to move forward. 

Unfortunately, if the Lemon Laws were as cut and dry as they seemed, there would be no need for our services or for any other consumer law firm.  However, despite the fact that manufacturers are continuously suffering financially, they are still paying counsel top dollars to fight consumers’ claims.  Just today, we received a call from a NJ consumer with a 2007 sports car that has been in the shop 30 days in the first 18,000 miles.  The New Jersey Lemon Law specifically says that the car has to be in only 20 days.  Slam dunk, right?  He went on his own and filed through New Jersey’s Office of Administrative Law and lost. Why? Because, he wasn’t prepared for the fact that the manufacturer would do everything they could to illustrate they fixed his car, and because they fixed his car, he was entitled to nothing.  Now, we know that is not how the law works and we are prepared to argue that’s not how the law works.  But, it you are left alone to fight the lions with no proper training, how can you truly defend yourself?

If you have been in three times for the same problem under warranty, or your car has been in the shop for many days within the first year of ownership, you need to take charge. But to go it alone without knowledge of the law remains a dangerous situation.  What happens if the car is fixed prior to the case being heard?  Does that mean you are no longer entitled to damages?  What happens if the service manager cannot duplicate the problem?  What happens if they claim that just because the check engine light has come on five times, it’s the same problem?  What happens if a last chance letter is sent and they give the car back to you and the problem reoccurs?  What happens if they tell you that you will need to meet with a field representative but because they have laid off so many people due to the economy, you won’t be able to see one for a few months?  What happens if they can’t figure out why your car is stalling and they urge you to just put some more mileage on it to see if the problem continues?  COME ON!  We have heard it all.  An experienced Lemon Law lawyer can help you cut through the clutter. 

THE LAW PROVIDE FREE HELP.  There is no catch.  Visit our news room to read the many news stories regarding the Laws and your rights; the Laws have been written to ensure that consumers are on equal footing with the manufacturers.  The Laws enable consumers to have an experienced attorney fight their battle for them at no cost, with no risk.  Why not take advantage of it? 

Have questions?  As always, ask away!  I can assure you we don’t bite, unless you are a car manufacturer.

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We are receiving many calls on the 1-800 LEMON LAW hotline from folks who are suffering significant transmission problems, where the vehicle is having troubles going from one gear to another.  Most notably, we have taken several Ford Explorer cases this week. In two of these cases, they were in for transmission repair significant times under warranty and now, they are out of warranty and have to pay for a new transmission.

Folks, if your vehicle is younger than six years old, and you have been in three or more times under your original or extended warranty for transmission repair, we may be able to help.  Under State and/or Federal Law, you could very well be entitled to monetary damages to reflect the diminished value of the vehicle as a result of the problems you have encountered EVEN IF YOU ARE NOW OUT OF WARRANTY.

Furthermore, if the vehicle is still relatively new and you are still under manufacturers warranty, you may even be entitled to a new vehicle or a full refund if you qualify under your State Lemon Law. 

The bottom line is that transmission troubles need to be taken seriously.  Even if the car is now fixed.  You want to always protect yourself “down the road.”  And yes, the pun was intended.

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I know we have covered this before, but I need to cover it again.  Regardless of whether Kimmel & Silverman handles your claim or not, you should NEVER pay any upfront fees or retainers to a consumer attorney in any case dealing with lemon laws, warranty laws, or dealer fraud.

The laws are written in a way so that attorneys can recover their fees and costs upon prevailing.  If any attorney is asking you for an upfront fee, that illustrates that either a) they are not fully educated on the statutes needed to win your case or b) they are not entirely confident you are going to prevail.  Neither option sounds very comforting to us.

Just today, we received an inquiry from a consumer who appears to be stuck in a spot delivery situation.  She is not in a position yet where we can get fully involved as counsel.  However, before us, she contacted numerous attorneys.  One of them decided to take it upon himself to write a letter to the dealer and told her “if his letter results in something, she owes him $1,000.”  What???? She told him she couldn’t afford the $1,000 (who can in this society and why should you have to throw good money after bad?) and he said “oh, you can pay me in monthly installments.”   $1,000 for a letter????? Are you out of your mind?  Oh, by the way, she never was asked to sign any sort of document confirming she owed them $1,000 and she didn’t see the letter until it was sent to the dealer.  Now, she’s stuck.  Even if she does get her way, and gets to keep her car at the finance rate outlined in her sales contract, she is now out another $1,000.  The laws are not written that way!!!!  As consumer advocates for 18 years now, this really upsets us.

Please, before you agree to pay anyone anything, contact us and explain your situation.  We may not be able to do something immediately, but we will provide assistance to get the matter resolved as soon as possible.  Ok, off the soapbox and back to work…..

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