Lemon Law Blog

We just received a call this week on the 1-800 LEMON LAW hotline from a woman with a lemon of a 2010 Nissan Rogue.  She was back four times for fuel gauge problems in leas than a year!  She contacted Nissan on her own, and they did nothing.  So, rather than reach out to a lawyer, she called the dealership.

The dealership agreed that she deserved a new Nissan and just her luck, they had a red one and a white one on the lot.  She chose the red one, signed some paperwork (without reviewing it) and was on her way in a brand new car.  Case closed, right?

WRONG!!!  She has just found out that she traded her car in and that trade is going to cost her over $10,000.  She no longer has any of the invoices illustrating the fuel gauge problem, and she signed all the new paperwork, indicating she approved the deal.

Remember, when it comes to a lemon law claim, the dealership has no authority or obligation other than fixing your car under warranty.  If you think you have a lemon, contact a lemon law lawyer. The help is free and you have nothing to lose…except your lemon.

Popularity: 9% [?]

We get all sorts of consumers who call the 1 800 LEMON LAW hotline for a variety of reasons, but most callers want to discuss a situation and see if they are entitled to remedy under State Lemon Laws or Federal Laws.  In most cases, if a caller realizes that they do have a claim under the Law, they want to open it right away.  However, there are also those who take pause and ask us to wait.  We have no problem with these folks–we understand that people sometimes want to think things over for a day or two–but then there are those folks who ask us to follow up in a couple of months.  And those are the ones who leave us baffled.  Here are some of the reasons folks like to wait:

“The dealership has been so nice to us.”  Of course they have.  After all, they are paid by the manufacturer each and every time you come in for a warranty repair.  Therefore, they love customers who come in repeatedly for the same problem….it could mean continuous money in this bad economy.  As we have said, time and time again in this blog, when it comes to Lemon Law claims and those that fall under the Federal Magnuson Moss Warranty Act, the defendant is the manufacturer, NOT THE DEALER.  Dealers have no obligation or authority to assist you under the Lemon Law; they are only there to fix your problem under manufacturers warranty. You also may risk creating a hostile environment by going into the dealership and threatening a lawsuit. Frankly if you receive a repurchase, the dealer would love nothing more than for you to come in and buy another car from them.  YOU ARE NOT HURTING A DEALER BY FILING A CLAIM.  Heck, we have a number of clients who work at auto dealerships.

“I want to see if this fix holds.”  OK……after four, five, six attempts, are we going to get lucky?  Don’t get us wrong; we hope it works too.  But, what happens if the fix holds until after the warranty expires? We have seen that happen many times.  You may still have a claim but it’s much weaker due to the age and miles on the car.  And, even if the fix does hold, you have been in repeated times for the same problem.  Therefore, you are entitled to compensation based on the diminished value of the car as a result of the problem.  When you purchased this car, you paid a premium for the manufacturers warranty–a guarantee that any problems you have would be fixed efficiently and effectively.  The Law says if  continuous repairs occur, you may be entitled to some of that money back.    You may have missed work, family obligations, social engagements…why are you letting them off the hook?

“I just don’t like to sue.”  You’re not alone.  Most people don’t like to be involved in any sort of lawsuit.  The good news is that a large majority of our claims are settled through pre-litigation, meaning that many of our clients are never truly involved, other than sending in the necessary payment.  The laws provide the fee-shifting provision because you need representation and it would not be fair for you to throw good money after bad to hire a lawyer.  It would put you in a vulnerable position and the manufacturer could drag you through the court process and bankrupt you as a result.  Therefore, this is one Law that actually works in the consumers’ favor, providing the ability to go after the manufacturer with experienced representation and the ammunition needed to win the battle–at no cost and no risk.  Take advantage of this rare opportunity.  It does not come along often.

And finally “I am going to speak to the manufacturer myself.”  There are folks who think they are really smart… they are calling to fish for information and then the manufacturer will be so impressed with their knowledge that they won’t need a lawyer.  We have no problem with people knowing their rights; that’s why we have put together such a comprehensive website at www.lemonlaw.com, but we know for a fact that unrepresented consumers normally receive a heck of a lot less than those who are represented.  They have to pay higher mileage offsets, they agree to much less money than they are entitled to, they unknowingly sign documents which dismiss their claim and they make many uneducated mistakes.  Unfortunately, when that happens, there is nothing anyone can do.  Manufacturers love to take advantage of these people, knowing that there is noone these people can turn to for a second opinion.

So, if you are in three or more times or an extended period of time under the manufacturer’s warranty for the same problem, give us a a call at 1-800 LEMON LAW (1-800-536-6652) and discuss the situation with us.  You may be very surprised and happy to find out the matter can be resolved sooner than you think and most importantly, at no cost to you.

Popularity: 11% [?]

I always love these blog entriees where we can share many of our success stories.  This July was quite busy at 1-800 LEMON LAW.  Take a look at just some of the settlements and judgments reached this month, and we still have 15 days to go!    We have said it before–we know that the State Lemon Laws and federal Warranty Laws sound too good to be true, but they do provide completely free legal help.  if you feel you have a potential lemon law or breach of warranty claim, please call us at 1 800 LEMON LAW (1-800-536-6652) or visit us at our website, www.lemonlaw.com.

Here’s just some of what we accomplished in the last two weeks.  Many of these cases were settled in 30-60 days!

2011 Kia Sorrento — Client receives brand new car — Millersville, MD

2008 Cadillac CTS purchased used, has 26,000 miles — Client receives $4,500 plus keeps the car — Laurel, MD

2007 Chevy Suburban with 63,000 miles — Client receives $4,000 plus keeps the car — Lansdale, PA

2008 Ford F350 with 54,000 miles — Client receives $4,000 plus keeps the truck — Hudson, NH

2009 Ford Escape with 27,000 miles –Client receives $5,500 plus keeps the car — Bear, DE

2007 Chevrolet HHR with 33,000 miles– Full repurchase! Client gets all their money back! –Lancaster, NY

2008 Buick Lacross with 23,000 miles — Client receives $4,500 plus keeps the car — Mt. Pocono, PA

2007 Jeep Wrangler — Client receives $5,300 plus keeps the car — Hamilton, NJ

2010 Chevrolet Malibu — Client receives $6,000 plus keeps the car — Somers Point, NJ

(and another result just like this in Baltimore, MD!)

2010 Ford Escape — Client receives $6,000 plus keeps the car — Coraopolis, PA

2008 Dodge Avenger with 26,000 miles — Full repurchase! Client gets all their money back! — Mount Braddock,  PA

2008 Saab 9-3 — Client receives $8,500 plus keeps their car — Philadelphia, PA

2008 Dodge Caliber — Full repurchase! Client gets all their money back! — Glenolden, PA

2006 Toyota Avalon with 58,000 miles– Full repurchase! Client gets all their money back! — New York, NY

2010 BMW 328i — Full repurchase! Client gets all their money back! — Bethlehem, PA

2009 Ford Escape — Client receives $8,500 plus keeps their car — Wellsboro, PA

2007 Land Rover Sport with 45,000 miles — Client receives $4,500 plus keeps their car — Fort Lee, NJ

2008 Ford Edge — Client receives $6,000 plus keeps their car — Bayonne, NJ

2006 Hummer H3 with 41,000 miles — Client receives $6,000 plus keeps their car — Norristown, PA

2008 Subaru Tribeca with 39,800 miles — Client receives $5,000 plus keeps their car — Altoona, PA

2010 Cadillac SRX — Full repurchase! Clients gets all their money back! — Melville, NY

2009 Chevrolet Impala with 26,000 miles — Client receives $4,000 plus keeps their car — Irwin, PA

2009 GMC Sierra — Full repurchase! Client gets all their money back! — Ford City, PA

2006 Cadillac CTS, bought used, has 39,000 miles– Client receives $4,600 plus keeps their car — Philadelphia, PA

2005 Kia Sorento with 55,000 miles — Client receives $5,500 plus keeps their car — East Greenville, PA

2010 Subaru Impreza — Client receives $6,000 plus keeps their car — Toms River, NJ

2008 Nissan Rogue — Client receives brand new car — Purchased in OH

2008 Hyundai Tuscon — Full repurchase! Client gets all their money back! — Pottstown, PA

2009 Pontiac G8 — Client receives brand new car –Jackson, NJ

2004 Mitsubishi Gallant (6 years old!) — Client receives $3,500 plus keeps their car — Philadelphia, PA

2009 Acura TSX (leased!) — Client receives $8,000 and continues with lease — New York, NY

2010 Hyundai Accent — Client receives brand new car — Reading, PA

2008 Nissan Rogue — Full repurchase!  Client gets all their money back! — Norwalk, CT

2007 Kia Rio with 35,600 miles — Client receives $5,000 plus keeps their car — Medina, OH

2006 Cadillac STS with 40,000 miles — Client receives $7.300 plus keeps their car — Southington, CT

2008 Honda Odyssey with 40,000 miles — Client receives $7,560 plus keeps their car — North Wales, PA

2009 Volkswagen Tiguan — Client receives brand new car — Cherry Hill, NJ

2009 Dodge Caravan — Full repurchase! Client gets all their money back! — Purchased in PA

2010 Dodge Nitro– Full repurchase! Client gets all their money back! — Absecon, NJ

Kimmel and Silverman is proud to have provided cost-free lemon law and breach of warranty help to over 58,000 consumers since 1991 and we would love to help you.  As our jingle goes: “Driving A Lemon?  Make The Call to chases1-800 LEMON LAW!”

Popularity: 21% [?]

It always happens as the Spring flowers bloom and the weather gets warmer.  Consumers start to get the itch to go car-shopping, to get behind a hot new set of wheels and head out on the open highway.  And with their burning desire comes their repeated calls to the 1-800 LEMON LAW hotline, asking that age-old question “How can I prevent myself from buying a lemon?”

Alas, there is no answer to that question….any car can suffer a repetitive non-conformity.  That being said, we do still feel research can be extremely beneficial when you are out on your shopping excursion.  We urge you to always take a trip down the information superhighway before heading to the dealer, and one pit stop we always recommend is the annual Car Complaint Index, compiled annually by Consumer Advocate Jack Gillis and the good people at the Center for Auto Safety.

We have been promoting Mr. Gillis’ efforts for years because we were always being asked which cars receive the most complaints.  Mr. Gillis and his team take a look at the thousands of complaints filed each year with the National Highway Traffic and Safety Administration.  They then create a ratio looking at the number of complaints filed to the number of cars sold.

Now it’s important to note that these complaints are subjective, based solely on the opinion of drivers, and therefore the index should not be the end-all, be-all when deciding what car to buy.  But, if you find that the car is on the index, and you notice similar complaints on automotive forums and in consumer magazines, that could be a red flag.

So, what cars on this year’s list?  Click here to connect to the 2010 Car Complaint Index and if you’d like to read some of the complaints, be sure to visit NHTSA’s complaint database.  Lastly, Jack Gillis’ Ultimate Car Book is always an awesome read, especially if you are getting ready to buy.  To buy a copy, click here.

Popularity: 13% [?]

In the wake of the massive Toyota recalls comes some stressful news from Nissan and General Motors.  Both manufacturers are announcing pretty extensive recalls on some of their most popular models.

Let’s start with Nissan, who has announced a recall of 539,864 vehicles due to faulty brake pedal pins and fuel gauge components.   Those models affected by the brake pin recall include 2008-2010 Nissan Titan, Armada, Quest and the high-end Infiniti QX56.There have been three reported instances of brake pedal pins partially disengaging, causing a loss of normal braking activity and Nissan has centered the problem on the supplier’s part.  All Nissan vehicles currently on sale are free of this problem.

The fuel gauge recall affects 2005-2008 Nissan Titan, Armada, Quest and Infiniti QX56 models, as well as an Nissan Frontier, Pathfinder and Xterra models produced between January and March 2006 or between October 2007 and January 2008.  Vehicles at higher mileage may have fuel gauges which incorrectly indicate the amount of fuel in the tank.  This may result in the vehicle running out of gas even through the gauge does not read empty.

Owners of all recalled Nissan models will be notified in March.  For more information, contact Consumer Affairs at 1-800-NISSAN1 for Nissan or 1-800-662-6200 for Infiniti.   In the meantime, if you have previously reported these problems and the issue was never repaired properly, feel free to contact us to determine if you are entitled to remedy under State or Federal Law.

On the General Motors front, the manufacturer is recalling 1.3 million vehicles due to faulty steering systems.  This comes as no surprise to us as we have received countless calls, and have resolved well over a thousand cases, pertaining to faulty steering systems in Chevrolet, Pontiac and GM models.

The recalled models include 2005-2010 Chevrolet Cobalts and 2007-2010 Pontiac G5 models.   The sudden loss of power steering can occur at any time and consumers are urged to not wait for the recal notice if the problem happens.  They are to report to an authorized manufacturer’s dealer immediately for assistance.

When the power steering problem occurs, drivers will hear a chime sound while a power steering indicator lights up on the dashboard.  The vehicle will be difficult to steer, especially under 15 miles per hour.  The problem has so far resulted in 14 reported accidents, although we have seen many occurrences of this.  For more information on the GM recall, call 800-222-1020.

If your power steering goes out three or more times during your original or extended manufacturers warranty, you have rights and it is important to look into them to determine the remedies you are entitled to.  For more information, please call us at 1-800 LEMON LAW (1-800-536-6652) or send us an e-mail.

Popularity: 16% [?]

It’s time again for us to provide a roundup of recent refunds, repurchases and replacements.  Under the State Lemon Laws and the Federal Magnuson Moss Warranty Act, all of our clients receive completely cost-free legal help, with the manufacturers covering the legal fees ON TOP OF what our client receives.  We are very proud of our efforts and encourage you to reach out to us at 1-800 LEMON LAW (1-800-536-6652) or via e-mail  if you think your vehicle may qualify for remedy.   Here we go….

2008 Dodge Dakota, Replacement Vehicle  — Newark, DE

2008 Audi A5, $6,500 cash plus client keeps their car — Jenkintown, PA

2009 Chevrolet Impreza, Replacement Vehicle — Telford, PA

2007 Hyundai Santa Fe, $5,000 plus client keeps their car — Cranbury, NJ

2008 Volkswagen Rabbit, Complete Refund — Greenwich, CT

2008 Buell Blast Motorcycle, Replacement Bike — Aberdeen, MD

2009 Infiniti G37, Complete Refund — Randolph, NJ

2007 Cadillac Escalade (70,000 miles), $5,500 cash plus client keeps their car — Bloomfield, NJ

2008 BMW 5-series, Replacement Vehicle — Perrysburg, OH

2008 Chrysler Sebring, Complete Refund –Somerville, MA

2008 Ford Ranger, $8,000 cash plus client keeps their car — Spring Grove, PA

2008 BMW 335i, $18,500 cash plus client keeps car and receives 7 yr/100k extended warranty- West New York, NJ

2008 Ford F250, $5,000 cash plus client keeps their truck — Rome, NY

2009 Honda Accord, Replacement Vehicle — York, PA

2009 Chevrolet Silverado, Replacement Vehicle — New Galihee, PA

2007 Audi Q7, Replacement Vehicle — Middletown, DE

2007 Pontiac G6, Complete Refund — Oceanside, NY

2008 Jeep Patriot, Complete Refund — Uniontown, PA

2005 Land Rover Range Rover, $6,500 cash plus client keeps car — Richboro, PA

2009 Dodge Challenger, Complete Refund — Brick, NJ

2008 Jeep Liberty, Complete Refund — Clarksville, PA

2008 Smart Car Cabriolet, Replacement Vehicle — Findlay, OH

2007 Hyundai Entourage, Complete Refund — Holbrook, NY

2006 Suzuki Forenza, Complete Refund — Elkins Park, PA

2009 Volvo S80, $7,500 cash plus client keeps their car — Frederick, MD

2008 GMC Arcadia, $5,000 cash plus client keeps their car — Boston, MA

2007 Toyota Camry, Complete Refund — Pikesville, MD

2008 BMW 335i, Replacement Vehicle — Old Bridge, NJ

2007 Mercedes Benz ML320, Complete Refund — River Vale, NJ

2009 Mazda 6, $6,500 cash plus client keeps their car — Elizabeth, NJ

2009 Audi A5, Replacement Vehicle — Hamilton, NJ

2008 Jeep Wrangler, Complete Refund  — Pisacataway, NJ

2009 Audi S5,  Replacement Vehicle –Boston, MA

2008 Mazda CX7, $5,000 cash plus client keeps their car — Monroeville, PA

2008 Dodge Ram, Complete Refund –Rural Valley, PA

2007 Moto Guzzi Motorcycle, Complete Refund — Flemington, NJ

2007 Chevrolet Silverado, $6,850 cash plus client keeps their car –Brooklyn, NY

2007 Jeep Compass, Complete Refund — Lancaster, PA

2008 Chevrolet Avalanche, $8,000 cash plus client keeps their SUV — Oliver, PA

2007 Hyundai Veracruz, Replacement Vehicle — Glassboro, NJ

Driving a lemon?  Join the more than 60,000 distressed drivers who have made the call to 1-800 LEMON LAW!

Popularity: 19% [?]