Lemon Law Blog

As you can expect, Monday mornings are quite busy for us.  Often times, we are going through 25-40 voice mails from consumers who have left messages on the 1-800 LEMON LAW hotline over the weekend.  This week, we received our first-ever call from a used car dealer.  The dealer, based in Delaware, was complaining that folks threaten him with the Lemon Law, even though he knows that his cars are too old to fall under the Lemon Law.  He asked us if we could include information in our ads about what qualifies under the Lemon Law and what does not.

Obviously due to time and money constraints, that request is completely unfeasible.  However, our website does provide an extensive overview on what qualifies under each state’s Lemon Law.  And we always encourage consumers to call us if they have a question about their individual situation.

After listening to this message, we have to wonder why all of these folks threaten him with the  Lemon Law and wonder if it’s regarding the quality of the cars he sells.  Thus, in the spirit of educating consumers, we think it is imperative to remind used car buyers to raise a red flag if:

**A used car dealer refuses to provide a carfax on the vehicle.

**The dealer cannot provide an affirmative answer on whether the car has an accident history. (You MUST ask if the car has been in accident.  Unless the car has a salvage title or frame damage, a dealer does not need to disclose this information unless asked.)

**The dealer refuses to allow you have an outside mechanic check out the car prior to purchase.  This may cost a little bit of money but it will save you a lot of money and aggravation “down the road.”

**You purchase a car without a warranty.  Ideally, we would like you to buy a car with a manufacturers warranty so it can be fixed by an authorized dealership if something goes wrong.  However, even if you choose to buy the car at your local mom and pop shop, it is imperative that you purchase a warranty and research both the warranty company and the components covered under the policy.  Sometimes, these dealers sell warranties that are not worth the paper they are written on.  It’s a case of buyer beware.

Of course, when buying a used car, we always encourage you to bring along  our lemon dodger worksheet.  This worksheet provides the questions you need to ask to make sure you are getting the msot car for your money.

And if  your used car is under a manufacturers warranty or has been in the shop an extended period of time, give us a call at 1-800 LEMON LAW (1-800-536-6652).   You could be looking at significant compensation under the Federal Magnuson Moss Warranty Act.

Happy buying and safe driving!

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We have been receiving a number of e-mails and phone calls lately regarding older cars.  Buying a used car is a tremendous gamble and it you’re not careful, your dream car may have previously been someone else’s nightmare.  Here are a few tips to make sure you are not taken for a ride when buying your next used car:

1) You want a warranty–and not just any warranty.  It must be a manufacturers warranty.  Yes, we realize that it may cost a bit more, but that is the only way the car company will stand behind your vehicle.  If you have a manufacturers warranty, your problems will be addressed by mechanics who are trained by the company and have access to information and tools that outside mechanics may not have.  Furthermore, if you have continuous problems with the car, we can successfully go after the manufacturer for remedy under Federal law.  We cannot hold the manufacturer responsible if you are no longer under the manufacturers warranty.  That’s like asking the doctor to treat you after your insurance lapses.

2) When it comes to accidents, it’s “don’t ask, don’t tell.”  If you do not specifically ask if a car has been in an accident, the dealer does not need to disclose the fact.  And, unfortunately, asking for a carfax is not enough.  There are times where accidents do not appear on the carfax report and the dealer cannot be held responsible for this.   However, if you ask if a car has been in an accident and the dealer says “no,” they can be held responsible if you find out they are not telling the truth. On the flip side,  dealers MUST disclose  if the car has a salvage or reconstructed title, any flood history, or if it was  a manufacturers buyback (aka “a lemon”).

3) If you are buying an “as-is” car (which we never endorse), make sure you have an outside mechanic inspect the car BEFORE you sign on the dotted line.  We understand this could cost a few bucks, but $100 now could save $1,000 or more down the road.

Lastly, take our lemon dodger worksheet with you when purchasing your car.  It provides you with all the questions you need to ask when buying a pre-owned car.  Remember, an educated consumer is an effective consumer.  Happy buying!

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Looking to learn more about car buying and your consumer rights?  WBRE Eyewitness News interviewed 1-800 LEMON LAW Communications Director Michael Sacks on a variety of lemon and car buying stories this month.

The first story,  ‘the list the manufacturers don’t want you to see’, looked at the popular Car Complaint Index, the list of cars that receive the most complaints per sales according the Center for Auto Safety.  From hybrid vehicles with sudden acceleration complaints to SUVs with brake issues, the car compliant index is a list that all car buyers need to see before venturing to the car lot.

Michael also provided some helpful tips when it comes to buying a new car:

Finally, WBRE looked at why the Pennsylvania Lemon Law is so useful to consumers. If you’ve bought a new car and think it’s a lemon, help is available. The law stipulates if you’re back in the shop three or more times for the same problem under warranty, or your car is in the shop for an extended period, you are entitled to legal compensation, completely free of charge. Remedies could include a complete repurchase, a brand new car, or significant monetary compensation and continued ownership of your car.

Read all 3 articles and check out the accompanying videos on PAHOMEPAGE.COM
The List Car Manufacturers Don’t Want You to See
The Lemon Law and You
Tips for Successful Car Shopping

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Used cars often provide a very attractive way to get more car for less money.  However, if you fail to ask the right questions BEFORE you sign on the dotted line, you could find yourself on the road to numerous car problems.

When it comes to used cars, the biggest assumption is that dealers have to disclose if the car has an accident history.  Unfortunately, when it comes to accidents, it’s don’t ask, don’t tell.  Dealers are only required to disclose if the car has a lemon, salvage, flood, or reconstructed title.

To make sure your car buying experience runs smoothly, we have created the Lemon Dodger, an all inclusive worksheet that provides all the questions you need to ask when dealing with the dealer.  Remember just because a car is new to you does not mean it’s  new to the repair shop.  Ask the right questions now to avoid headaches later.  Happy shopping!

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It’s one of Lemon Law. Com’s most popular features, the annual Car Complaint Index.  The list, put out every year by Automotive Consumer Advocate Jack Gillis, takes a look at which cars receive the most consumer complaints per sales.

It’s important to note that this list is not an end-all, be-all.  In fact there are cars on this list that are still ranked as best buys by Gillis and other consumer publications.  The list is subjective and is based solely on the consumers who take the time to complain to the National Highway Traffic and Safety Administration about their cars.  You can read these complaints by clicking here.

So, if the list is subjective, why is it so important?  Because it provides another valuable piece of information when you are researching the right car for you.  If you see a number of complaints pertaining to a particular make and model, you may want to steer clear (pun intended) or at least ask the dealer if the manufacturer has addressed the problem.  An educated consumer is an effective consumer and this list could help you make your decision between one car over another one.

First and second on the list are Toyota vehicles, which comes as no surprise following all of the sudden acceleration stories in the news. The granddaddy of the hybrid, the Toyota Prius is first followed by the Lexus HS sedan. Throughout the complaints, there are drivers complaining of problems with their gas pedal and their brakes.

One thing that is worth mentioning when discussing hybrid vehicles is that hybrids drive differently than traditional cars.  You need to test drive a few hybrid models before purchasing one to ensure that you enjoy the ride.  Often, it’s not as smooth but that is a characteristic of the hybrid model.

Third on the list for a second year is the Jaguar XF, the most reasonable sedan of the Jaguar line.  In this situation, electrical issues are irking drivers, who complain of problems with stalling and their bluetooth.   The bluetooth may seem more like a nuisance but when you figure that many states now have cell phone laws, that bluetooth is becoming more and more important.

Subaru has dibs on four and five on the list.  The cross-over Subaru Outback is number four, with stalling again serving as a common thread through many complaints, particularly a loss of power when changing gears.  Some Subaru Legacy drivers are complaining of vibration when driving, making it difficult to keep control on the road.

The Dodge Journey has a few drivers on a journey to find a fix to their stalling problem.  While some drivers have had their computer and ignition switches replaced, others have complained to the dealer and have been met with an invoice which reads “Can Not Duplicate,” leaving them stranded and frustrated.

To see the complete car complaint index, click here.  And if you find you are experiencing these problems with your car, remember the Lemon Law provides 100% cost-free legal representation to help you fight for your rights.  Feel free to contact us at 1-800 LEMON LAW or by clicking here.

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Thanks to the cash for clunkers program, more than 700,000 gas guzzlers are now off the road, replaced by more fuel-efficient vehicles.  It is a tremendous accomplishment and no doubt consumers and car dealers alike really profited off the program.

While the program officially came to a close Monday night, there are still car buyers out there waiting to hear if their rebate will go through.  Some have been told they will find out in a couple of weeks. As we discussed previously in the lemon law blog, there was quite a bit of fine print associated with this promotion and it is the dealer’s responsibility to ensure that the consumer qualifies for the rebate.  After all, if the dealer doesn’t do their job verifying everything prior to the transaction, they are the ones left stranded if the rebate never comes, right?

The answer seems to be affirmative, but one dealer in Philadelphia decided to test that theory.  After they completed the sale, and trashed the trade, the dealer found out that the insurance on this car had lapsed for two weeks during the last year of ownership.  That means they would not receive their rebate and that left them raving mad. They went back to the buyer, a second-year medical student, to try and recoup their $3,500.  And when we say try and recoup, we mean demand and threaten. 

So, who won and who was right?  For the answer, take at look at KYW TV Consumer Reporter Jim Donovan’s piece (featuring Kimmel & Silverman’s Founding Partner Craig Thor Kimmel) by clicking here.

If you find yourself in a position where you have already turned in your clunker and the dealer is demanding more cash, please contact us.

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