Lemon Law Blog

Unfortunately, with the problematic economic times we have been dealing with, collection calls are on the rise.  At 1-800 LEMON LAW, we are receiving a number of calls from consumers who are fed up with collection calls they are receiving with regard to delinquent payments on car loans.  Many of these consumers do not actually own the vehicle in question; they were either a co-signer or merely a relative of the owner, even a former spouse or roommate.

If you find that you are receiving harassing phone calls pertaining to an an automotive loan, whether it is yours or someone else’s, contact us.  There are certain laws out there that can help us stop the calls permanently.

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As you can expect, of the hundreds of calls and e-mails we receive each week at 1-800 LEMON LAW headquarters, we frequently see the same thing happening to consumers over and over throughout a variety of States.  Here are some defects we are seeing regularly among our clients.  (Keep in mind we are not saying everyone who purchases these cars will have these problems; we are just seeing a trend among our cases.)

Jeep Patriots continue to have massive water leak problems, as do GMC Acadias, Buick Enclaves and Saturn Outlooks.

Ford F-Trucks have diesel problems, resulting in check engine lights, black smoke and stalling among other issues.

BMW models ending in 35 seems to be suffering from fuel pump failure.

Have a Volkswagen EOS?  Having a problem getting the top up and down?  You are not alone. More and more VW claims are coming in with this issue.

Squeak, squeak, squeak go the brakes on Honda Accords.

We are seeing a lot of alignment issues with Toyota Camry and Lexus models.

In most Chryslers, especially the Town and Country and 300 models, we are seeing transmission shuttering.

Finally, the Dodge Grand Caravan sliding doors are causing massive headaches for many of our clients.

Kimmel & Silverman prides itself on having three full-time ASE certified mechanics who work on our clients’ behalf to review and research automotive defects.  If you are having a continuing problem with your car, chances are we have heard about it.  Feel free to contact us through our website or by calling 1-800 LEMON LAW (1-800-536-6652).

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We continue  with our “Get To Know Your Lemon Law” series, moving on to Massachusetts.  The Massachusetts Lemon Law covers vehicles that are purchased or leased in the Commonwealth from any new car dealer.  These include cars, trucks and motorcycles. In order to file a claim under the MA Lemon Law, you must have a defect that affects the use, value or safety which occurs in the first year or 15,000 miles, whichever comes first.  This defect must occur two additional times under the original manufacturers warranty as well. 

Massachusetts consumers are also protected if their car is in the shop for 15 business days within the first 1 year/15,000 miles period.  These days do not have to be consecutive, nor all to address the same problem.

The only exceptions here are off-road vehicles, those used primarily for commercial or business purposes, and auto-homes (ie RVs). 

Like always, even if you fall outside of the parameters of the Massachusetts Lemon Law, those with continued repairs under their original or extended manufacturers warranty would be entitled to monetary compensation, plus continued ownership of their vehicle, under Federal Warranty Laws.  Also, for those with used cars, there is statute 93a–the Massachusetts Used Car Lemon Law, which could come into play.

If you feel you have a potential claim in Massachusetts under State or Federal Law, feel free to contact us and we will be glad to review your situation and determine if and how we can help.  As always, the service is 100% cost-free.

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Our “Get to Know Your Lemon Law” series continues with a look at the Great Garden State, New Jersey.  The NJ Lemon Law is the second strongest in the Nation, according to the Center for Auto Safety and as we have previously reported on the blog, we are hoping Governor Corzine will actually sign an amendment this Fall which will increase the coverage even more.

As of now, the New Jersey Lemon Law provides remedy to those who purchased, leased or registered their new  or demo vehicle in New Jersey and suffered a repetitive non-conformity that starts within the first 24 months or 18,000 miles, whichever comes first.  The problem must occur two more times within the manufacturers warranty period OR the consumer needs to be in the shop 20 days within the 18,000 miles/24 month period.  These days do not have to be consecutive nor do they have to all be for the same problem or defect.   In addition to cars and non-commercial trucks, the NJ Lemon Law also cover motorcycles and ATVS as well.

If you feel you have a potential NJ Lemon Law claim, we will be happy to discuss your situation with you to see if/how we can help.  I know we sound like a broken record when we remind you that under New Jersey’s Lemon Law, and all the Lemon Laws we work with, consumers are entitled to 100% cost-free legal help.  If we prevail, the manufacturer must pay all attorneys fees and legal costs ON TOP OF what the consumer receives.  Under these laws, consumers could receive a complete repurchase including taxes, tags, finance charges and any down payment (minus a small mileage offset reflecting when the car first went into service), a brand new car with the same amount of equity in the new car as in the old one (essentially a trade without depreciation),  or at the very least, significant monetary compensation to reflect the diminished value of the car (PLUS they get to keep their car).

Kimmel and Silverman has been named “a pioneer in New Jersey Lemon Law Litigation” in a front page Star Ledger newspaper story and has been featured numerous times on News 12 New Jersey and the New Jersey Network for our efforts, which include meeting with State arbitrators and mediators to teach them the fundamentals of the New Jersey Lemon Law so they can better understand and mediate claims. In addition, our Firm has been honored many times in Law & Politics annual New Jersey Super Lawyers poll and SJ Magazine’s Awesome Attorneys poll.

As always, we remind you that even if your car falls outside of the New Jersey Lemon Law, you still may have rights.  It is important to contact us or another consumer law firm to discuss your problems and how they can be resolved.

Stay tuned for the next entry in our “Get to Know Your Lemon Law” series where we travel to Massachusetts.

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Happy third anniversary lemon law blog buddies!  We can’t believe it’s been three years since we started our on-line community and we have appreciated the thousands of comments, blog topic ideas, suggestions and good wishes.  Here’s to the next year, where we will aim to provide even more comprehensive news and information on your lemon law and breach of warranty rights.

We decided that in our next series of blog entries, we will take a look at the lemon laws in each of the states we work in.  We start today with the Pennsylvania Lemon Law.  Pennsylvania is very near and dear to Kimmel and Silverman for two reasons. First, we started our practice in the State and have grown to become PA’s oldest and largest lemon law firm, handling over 30,000 claims statewide since our inception.  Second, Kimmel and Silverman worked with the Pennsylvania House of Representatives Consumer Affairs Committee in 2002 to actually add amendments to strengthen the PA Lemon Law, most notably to include leased vehicles.  This was a tremendous success for our Firm and the amendment has single handedly aided thousands since its inclusion.

The Pennsylvania Lemon Law applies to new cars purchased or leased in Pennsylvania and registered in PA, OR purchased in another state but registered in PA by the first owner immediately after purchase.  In order to qualify for remedy under the Pennsylvania Lemon Law, your vehicle must be used for personal use and must suffer its first non conformity (that’s a defect which affects the use, value or safety of the car) within the first 12 months or 12,000 miles, whichever comes first.  The problem must occur at least two more times under the Manufacturers warranty period OR the vehicle must be in the shop 30 days in the 12/12 period.  The 30 days do not have to be consecutive, nor do they have to be for the same problem.

Now, please note that although commercial vehicles, used cars, and motorcycles are NOT covered under the PA Lemon Law, there are other Laws we which may apply so call us at 1-800 LEMON LAW (1-800-536-6652) to find out about your rights and whether we can offer assistance. Remember, you never know unless you ask.

Next time…we will take a look at the Great Garden State…The New Jersey Lemon Law!

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The Car Allowance Rebate System (aka Cash for Clunkers) has ceased, but that does not mean you cannot get cash if your car is a clunker. 

We repeatedly discuss the Magnuson Moss Warranty Act, which provides distressed drivers with monetary damages if their car, truck or motorcycle has been back in the shop repeatedly for the same repairs, but does not fall under Lemon Law parameters.   Lemon Law Lawyer Craig Thor Kimmel recently joined Ukee Washington on Eyewitness News This Morning on the CW Philly to discuss the Magnuson Moss Law and how it works.

Under the Federal law, which provides protection for any consumer who purchases a product over $25, a consumer can receive monetary damages from the manufacturer to reflect the diminished value of the product as a result of the repeated problems.  At Kimmel & Silverman, we have used this Law to help folks with faulty vehicles, motorcycles, ATVS, computers and appliances. 

The best part for drivers who use this law is that they are entitled to monetary compensation even if the vehicle is finally fixed after repeated attempts. You receive money PLUS you get to keep your car.  In addition, the car is not branded in any way on carfax, the warranty remains completely in effect, and you do not need to disclose that you received this money at the time of sale or trade.  Also, just like the Lemon Law, legal help is 100% cost-free.

Here are some recent Magnsuon Moss victories.  (Of course, each case is different and we cannot guarantee that you would be entitled to the same compensation). 

2004 Mazda RX8: currently has over 57,000 miles
Engine flooded—replaced numerous components , including cat converter
Consumer received $6,000

2007 Suzuki SX4: currently has 60,000 miles
Defective engine block at 42,000 miles, out of service 2 months
Consumer received $4,500

2004 Volvo C70: currently has 37,000 miles
Car would not start x3
Consumer received $3,000

2007 Saturn Ion: currently has 43,000 miles
Loss of power starting at 15,000 miles—replaced wiring harness
Consumer received $3,000

2008 Cadillac Escalade: currently has 23,000 miles
Purchased used, replaced trailer hitch cover x3, stalling x2
Consumer received $4,000

2007 Subaru Impreza: Currently has 21,000 miles
Problem occurred right outside of Lemon Law
Check engine light x3—replaced left side cylinder & short block, out of service 46 days
Consumer received $7,500

2007 Hummer H3: currently has 23,000 miles
Car leased; Door lock & window malfunctions x6
Consumer received $3,000

2005 Jeep Grand Cherokee Laredo: currently has 60,000 miles
Purchased used; check engine light x4 under warranty
Consumer received $2,750

2004 Cadillac SRX: currently has 43,000 miles
Purchased used; engine replaced plus power steering leak x3
Consumer received $6,000

2005 GMC Sierra:  currently has 38,000 miles
Check engine light starting at 18,000 miles—eventually replaced turbo
Consumer received $4,000

If your car is still under an original or extended manufacturers warranty, and you have been in the shop three or more times for the same problem, please drop us a line to see if you are entitled to remedy under the Magnuson Moss Warranty Act.

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