Lemon Law Blog

This Summer, the 1-800 LEMON LAW phone lines are abuzz with folks who are suffering with faulty convertible tops, most notably with the new hard top models — the Chrysler Sebring, the BMW 335,  the Volvo C70 and the Volkswagen EOS.  If you are suffering with continuous problems with your convertible top, please know that the defect does represent a significant non-conformity that affects the use, value and safety of the vehicle, and State Lemon Laws and Federal Warranty Laws are here to protect you.  It is especially important that you pick up a warranty repair invoice each time you take your car in for service.  These invoices specifically identify the problem the consumer is complaining of, the amount of the days that the car was in service, a detailed explanation on how the problem was fixed, and a list of all the components replaced in the vehicle.

We have noticed that there are certain potential convertible clients who are NOT receiving repair tickets each time they bring their car in, either because they are told a repair ticket is open or the part is on back order (particularly frustrating during the season you use the convertible the most.)  Try not to take that for an answer and firmly request proof of your repair visit.  If you get nowhere, start a log with the the date, mileage and details of each visit.  This information will help a great deal when it comes time to file a claim.

If you have any questions about your convertible, fell free to drop us a line or call us at 1-800 LEMON LAW (1-800-536-6652).

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No, we are not talking about that ridiculous boy band song.  We are saying that if you have some money in your pocket, now is the time to consider buying a new set of wheels. The incentives are very attractive, there are many dealers out there who are hungry to make a great deal with you, the cash for clunkers program is in effect, and there are still plenty of 2009 models out there for the picking.  Heck, you can even consider a certified pre-owned car, but as we have repeatedly reminded you, if you buy a used car, please make sure it has a manufacturers warranty.

Just remember the five golden rules you need to keep in mind when aiming to buy your next auto:

KNOW YOUR NEEDS.  Identify what you need a car for.  Is it to get to work an hour away and use as little gas as possible?  Consider a hybrid.  Is it to taxi your brood of children from soccer games to ballet to Chuck E Cheese and then back to ballet because you daughter forgot her slippers? You may want to consider a minivan or crossover.  Figure out your daily schedule and that will help you narrow down the search immensely.

RESEARCH, RESEARCH, RESEARCH.  It’s so important we say it three times.  The internet provides so many incredible opportunities to gather information about cars.  There are reviews on such sites as vehix.com, where you can even put together a side-by-side comparison.  There is a complaint and defect database at the National Highway Traffic and Safety Administration (NHTSA) website. Every manufacturer from Kia to Jaguar has a comprehensive website where you can examine a model inside and out, review its features and its pricing.  Plus, there are so many automotive forums out there, the king being at edmunds.com. And lastly, don’t forget about our car complaint index and best bets, furnished by consumer advocate Jack Gillis and the good people at the Center for Auto Safety. Before you drive to the dealer, take a trip down the information superhighway and learn everything you can about the car you are looking at. Remember, an educated consumer is an effective consumer.  (And if you do have a gas guzzler you are thinking of trading in, read up on the Cash For Clunkers program before going to the dealer.  Don’t rely on the salesman to give you the most accurate information.  Know your stuff beforehand and correct him if necessary.)

TRY IT BEFORE YOU BUY IT.  And we are not talking about a car like the one you are planning to buy; we are talking about the EXACT car you are buying.  BEFORE you sign on the dotted line, take the car out for a long test drive and go through every single feature from the air conditioner to the trunk release.  Make sure you ask every question and if something is not working, tell them to fix it NOW.  Never settle for an IOU.  This is your one chance to demand satisfaction.  Take advantage of the opportunity. 

UNDERSTAND YOUR WARRANTY.  Every warranty is different.  You need to know the terms of the warranty and what it covers.  Is it cheaper to buy an extended manufacturers warranty when you first buy the car or can you purchase it later?  If this is a used car, is it covered by the company who is manufacturing your car? (We get so many folks calling the 1-800 LEMON LAW hotline who are driving a used Toyota with a Kia warranty. Make sure if you are driving a Toyota, you have a Toyota warranty.)  Are there deductibles?  Is it bumper-to-bumper or does it just cover the powertrain components?  Is roadside assistance offered?  Are loaner cars provided?  The warranty is your insurance that if something goes wrong with this car, and chances are it will at least once, you are covered.  Which bring us to…..

FIGHT FOR YOUR RIGHTS.  If something continues to go wrong with your car, or the car is in the shop for an extended period of time, contact a lemon law attorney to find out about your rights.  The State and Federal Laws are on your side and help you go against the billion-dollar automobile manufacturers. Remember, the legal help is completely free, so take advantage of it.

Now, without further ado, get your motor running, head out on the highway, and good luck!

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As we previously mentioned, the New Jersey Lemon Law may be expanded to include additional protection for distressed drivers.  The NJ Lemon Law currently protects consumers who suffer a problem that occurs in the first 18,000 miles or 24 months, whichever comes first, and continues to occur three or more times despite repair attempts from an authorized manufacturers dealership.   Assembly Bill 1954, sponsored by Assemblywoman Mila M. Jasey, looks to expand the lemon law parameters to include problems that occur in the first 24,000 miles or 24 months.  Furthermore, consumers who suffer a serious defect which is likely to cause death or serious bodily injury if the vehicle is driven would be able to file a lemon law claim if the problem cannot be fixed after one repair attempt.  We have seen similar provisions in other State Lemon Laws, including Ohio.

1-800 LEMON LAW Communications Director Michael Sacks discusses this Bill and all of its benefits, plus provides an update on the Chrysler and GM restructuring, all this weekend on News 12 New Jersey’s “In Your Corner with Walt Kane.” If you live in Central or North Jersey, check your local listings for show dates and times.

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Three calls came into the 1-800 LEMON LAW hotline this afternoon from folks who were looking to save some money by buying used cars. 

All three people later found out that their cars were in accidents prior to purchase.  In two situations, the accidents were not even listed on carfax.  Of the three, only one asked about the car’s accident history to which the salesman replied the car had ”no accidents that he knows of.”  That client is the only one of the three who has a potential claim for misrepresentation.

When it comes to accidents, unless the car has a salvage or R title,  the dealer does not have to disclose anything unless you specifically ask “was this car in an accident?” 

If you are planning to purchase a used car, you need to ask questions.  Check out our lemon dodger worksheet before you buy and bring it along on your spending adventure.  The right questions now can save you thousands “down the road.”

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Amidst tons of debt, the worst sales figures in 25 years, and tens of thousands of layoffs, a new General Motors is emerging and according to CEO Fritz Henderson, the name may be the only similarity between the old company and the new.

The new GM was “born” this morning in a New York press conference, and Detroit Free Press reports that Henderson outlined some major changes right out of the gate.  77-year old Bob Lutz, once retired, is now stepping back into the company fold as Vice Chairman in charge of global design, advertising and communications. Henderson is also laying off 34% of the executive management (approximately 450 executives), and disbanding the Automobile Strategy Board where the company had made most major decisions on new automobiles. Henderson himself will take charge of North American operations.

CBS News is reporting that up to 14,000 hourly workers will also be let go and 2,300 of the manufacturer’s 6,000 dealerships may close.

On the positive side, Henderson says the company will focus on customers, cars and, culture, lauching a “Tell fritz” website to allow the public to share their concerns with senior management, and monthly road trips to “listen to the questions, ideas and concerns of the people who matter most.”:  The company is also in the preliminary stages of a possible partnership with ebay to test selling vehicles via on-line auction.

GM is sill in the middle of selling off Hummer, Saab and Saturn.  However the new GM will be responsible for any lemon law and breach of warranty claims that arise from these vehicles in the years they were part of the GM family.

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It’s time for another roundup of recent repurchases and refunds.  These blog entries are always our favorite to write.  Kimmel & Silverman is dedicated to being the oldest, largest and most helpful lemon law firm in the Northeast, successfully handling over 50,000 lemon law and breach of warranty claims since our inception at absolutely no cost to consumers.  The following are just a few of the cases resolved in the last 30 days:

• 2008 Nissan Altima -Complete Repurchase under New Jersey Lemon Law (resolved in 24 days)
• 2008 Mazda 3 -$6,500 cash under Pennsylvania Lemon Law (plus client kept their car)
• 2008 Suzuki Forenza -Complete Repurchase under Ohio Lemon Law (resolved in 23 days)
• 2005 Suzuki Forenza -$5,000 cash under Pennsylvania Lemon Law (plus client kept their car)
• 2008 GMC Yukon -Complete Repurchase under Ohio Lemon Law (resolved in 45 days)
• 2006 Kia Sedona -$4,500 cash under Magnuson Moss Warranty Act (plus client kept their car)
• Used 2008 Kia Sorento -$3,875 cash under Magnuson Moss Act (plus client kept their car)
• 2008 Suzuki Sx4 -Complete Repurchase under Pennsylvania Lemon Law (resolved in 41 days)
• 2006 Suzuki Grand Vitara -Complete Repurchase under Pennsylvania Lemon Law
• 2008 Subaru Impreza-$4,600 cash under Connecticut Lemon Law (plus client kept their car)
• 2009 Honda Accord-Complete Repurchase under New Jersey Lemon Law (resolved in 70 days)
• Used 2006 Mazda Tribute-$6,000 under Magnuson Moss Act (plus client kept their car)
• 2008 Mazda CX7 with 30,000 miles-$4,000 under New Jersey Lemon law (plus client kept car)
• 2008 GMC Siera -$5,000 cash under Pennsylvania Lemon Law (plus client kept their car)
• 2008 Lexus GS350 -Complete Repurchase under New Jersey Lemon Law
• Leased 2007 Jeep Wrangler with 27,000 miles – $5,000 under Magnsuon Moss Warranty Act
• 2008 Saturn Outlook – $7,000 cash under Pennsylvania Lemon Law (plus client kept their car)
• 2006 GMC Sierra – $5,000 cash under New York Lemon Law (plus client kept their car)
• 2009 Jeep Wrangler – Complete Repurchase under Pennsylvania Lemon Law (resolved in 60 days)
• 2007 BMW 3 series,first repair at 29,000 miles -$4,000 under Magnuson Moss Act (client kept car)
• Used 2003 Cadillac CTS with 64,000 miles -$3,000 under Magnuson Moss Act (plus client kept car)
• 2008 Lexus RX350 – Complete Repurchase under Massachusetts Lemon Law
• 2009 Mazda 6 – Complete Repurchase under New Jersey Lemon Law (resolved in 20 days)
• 2008 Audi A4 – Complete Repurchase under New Jersey Lemon Law (resolved in 3 months)
• Used 2007 Pontiac Solstice -$4,000 cash under Magnuson Moss Act (plus client kept car)
• 2008 GMC Arcadia – Complete Repurchase under Pennsylvania Lemon Law (resolved in 30 days)
• 2006 Chevrolet HHR with 26,000 miles- $4,500 under Maryland Lemon Law (plus client kept car)
• 2006 Volvo S60 – $6,500 under New Jersey Lemon Law (plus client kept car)
• Used 2006 Pontiac Torrent -$3,000 under Magnuson Moss Act (client kept car; resolved in 19 days)
• 2007 Chevrolet Tahoe, first defect at 20,000 miles -$5,500 under Magnuson Moss Act (client kept car)

If you feel you may have a potential lemon law or breach of warranty claim, contact us at 1-800 LEMON LAW (1-800-536-6652) or drop us a line.  We will be glad to review your situation and see if we can help.  With eleven Lemon Law attorneys, six full-service offices, three ASE-certified mechanics on staff, and a complete support team of experienced paralegals and administrators, no one can get you on the road to recovery quicker than Kimmel & Silverman. 

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