Lemon Law Blog

Inside Line is reporting that Toyota is recalling 121,000 2008 Highlander and Highlander Hybrid vehicles in the U.S. because an optional stainless-steel exhaust tip may fall off

“Due to improper heat treatment, the original clamp used to secure the stainless-steel exhaust tip to the exhaust pipe may develop microscopic cracks,” said Toyota Motor Sales USA in a statement. “If this occurs, the crack may expand, causing the clamp to break, and in the worst case, the exhaust tip may fall off.”

The Japanese automaker said there have been 10 reports of incidences of this condition in the U.S. It estimated that there are about 39,100 accessory kits that may be affected. “Because this accessory is installed at the Toyota vehicle processing centers and dealers, and is available over the counter, all of approximately 121,000 vehicle owners will be notified,” Toyota said.

The recall is expected to begin in early May. Owners can contact Toyota at (800) 331-4331.

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They say a picture tells a thousand words, and you should see some of the pictures our clients send in to us. While working to provide clients with representation for their lemon law and breach of warranty claims, we receive pictures from our clients that show some truly amazing defects in their automobiles. 

We thought it might be fun to show some of these pics on our blog in a new feature we will be calling “That’s a lemon!”  For our first photo, we show a Nissan Quest minivan that appears a little “off the track.” Can you spot the defect?

Look for new photos posted here on our blog and feel free to comment or submit your own lemon photos to lemonphoto@lemonlaw.com.

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It’s a sad day in the history of automobiles.  Autoblog reports that General Motors will phase out Pontiac by the end of 2010, and will build its accelerated visibility plan surrounding its four remaining brands:  Chevrolet, Buick, GMC and Cadillac.  By the end of the year, we will also know if and how GM will move forward with the Saab, Saturn and Hummer brands.

The first Pontiacs were produced in 1926 and their popularity has escalated throughout the decades with the production of the Bonneville, GTO, Firebird, and in later years the G6 and Solstice.

So, what does this mean if you have a Pontiac?  Ideally, this situation should not have any effect on your manufacturers warranty or in filing a lemon law or breach of warranty claim if in fact GM cannot fix a non-conformity despite numerous repair attempts.  It appears General Motors is standing behind the brand and its warranty and will continue to do so until the make phases out.

And while the value of the vehicles will certainly diminish come trade-in time, if you like the model, now may be a time you can take advantage of the situation and purchase one for a very reasonable price.

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An interesting article today in AOL’s automotive section sparks a debate we have seen many times over the years.  A consumer starts to encounter problems with their engine.   The car starts to sputter, the service engine soon light comes on, and then all of a sudden, the distressed driver finds himself stuck in the middle of a busy highway.  He has his car towed to the dealer.  After all, he is under manufacturers warranty and therefore there should be no issue with the car being fixed, right? 

Wrong.  The dealer blames the problem on engine sludge and asks to see the driver’s oil change receipts confirming that they have cared for the car as outlined in the owner’s manual.  Fear starts to set in the driver’s face.  He doesn’t remember if and when he got his oil changed.  Perhaps, he went to a franchise, but when and how many miles were on the car?  Did he take it to his mechanic?  Did he change the oil himself?  Before he knows it, the consumer is socked with a repair bill in the thousands and there is nothing anyone can do about it, including us.  Why?  because the consumer did not keep proof that he fulfilled his responsibilities.

Now more than ever, as manufacturers continue to look at the bottom line, it is imperative that you keep records of all maintenance.  There is nothing wrong with going to Jiffy Lube or Grease Monkey but hold to those receipts; do not discard them with the egg mcmuffin wrapper from the sandwich you enjoyed in the waiting room. Those receipts outline the date and mileage of the service.  If you choose to change the oil yourself, you want to keep the store receipt and the proof of purchase, as well as keep a written log. 

If you have proof that you have covered all of your responsibilities and the manufacturer still is not covering the repair under warranty, that is where we step in.  We have represented many organized drivers in these types of breach of warranty claims and manufacturers have no idea what hit them!

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1-800 LEMON LAW is thrilled to provide weekly consumer news and helpful tips to AutoSmarts 4 U, the highly rated automotive call-in show heard every Saturday morning from 9-11 am on 103.9 WTDA FM in Columbus, Ohio.

Listen for Automotive Consumer Advocate Michael Sacks’ weekly Lemon Aid Minute and be sure to join MIchael for a live call-in show Saturday, June 6, where we will be discussing car buying tips and consumers’ rights under the Ohio Lemon Law and the Federal Magnuson Moss Warranty Act.

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We are thrilled to announce that 1-800 LEMON LAW is taking a bite of the Big Apple and is now providing 100% cost-free lemon law help to distressed drivers throughout New York.  Our efforts have already been featured on Good Morning America, The CBS Early Show, News 4 New York and ‘Help Me Howard’ on WPIX TV.

The New York Lemon Law applies to new cars, both purchased and leased, which suffer a nonconformity; a defect or condition, which substantially impairs the use, value or safety; that has been addressed a substantial number of times (normally 3-4) by an authorized manufacturer’s dealership. This nonconformity must first occur within the first 24 months or 18,000 miles, whichever comes first. The New York Lemon Law also applies to vehicles that are in the shop for repair thirty (30) or more calendar days during the first year.

If you think you may have a potential New York Lemon Law claim, click here and we will be glad to contact you to discuss your situation.

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