Lemon Law Blog

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!

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Every day, we receive numerous inquiries both on-line and on our 1-800 LEMON LAW hotline from distressed drivers with one simple question–Do I have a case?   To figure out whether you are entitled to remedy under State Lemon Laws or Federal Warranty Statutes, answer these three questions.

1) Do you have an original or extended manufacturers warranty?

2)While under warranty, were you back to an authorized manufacturers dealership three or more times for the same problem?

3) Has your car been in the shop an extended period of time, either because a part needed is on national back order, or because the service advisor can’t address the nature of the problem? 

If you answered yes to question #1 and yes to at least one of the other two questions, chances are strong that you are entitled to remedy under either your State’s Lemon Law or the Federal Magnuson Moss Warranty Act.  Now, in order to determine exactly what type of claim you have, and what type of remedy you are entitled to, it is best for you to contact us or another lemon law firm.  

Many consumers are hesitant to fight for their rights, because they feel that they will be stuck in a pile of red tape, or the dealer will refuse to continue to repair the car under warranty.  The fact of the matter is that your claim is against the manufacturer, not the dealer, and in many instances, it requires very little time and effort on your part.  If you feel you may have a potential claim, feel free to reach out to us to discuss your situation.  One quick call could provide tremendous results for you and your family.

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We continue our “Get To Know Your Lemon Law” series with the Ohio Lemon Law. 

The Ohio Lemon Law applies to new cars, noncommercial motor vehicles, motor homes and recreational vehicles that suffer a nonconformity; a defect or condition, which substantially impairs the use, value or safety; that cannot be repaired after three attempts by an authorized manufacturer’s dealership. The first repair must occur in the first 12 months or 18,000 miles whichever comes first.  The Law also covers cars that in the shop 30 or more calendar days during that period, either consecutive or not.

In addition, the OH Lemon Law also provides an additional protection that you do not see in other lemon laws, such as Pennsylvania Lemon Law.  The Law covers you if you have been in the shop for 8 total repair attempts in the first 12 months/18,000 miles, regardless if they are for the same or different problems.

And like the newly amended  New Jersey Lemon Law, the OH Lemon Law  covers consumers for conditions likely to cause death or serious bodily injury that are not fixed after the first repair attempt.

Like the other Lemon Laws we have previously covered in the blog, the Ohio Lemon Law provides completely cost-free representation through fee-shifting provisions which ensure that if the consumer prevails, the manufacturer must pay all attorneys fees on top of that the consumer receives.  Possible remedies include a complete repurchase, a new car, or a partial refund to reflect the diminished value of the car (in this scenario, the consumer keeps the car.)

And remember, even if you do not fall under the parameters of the OH Lemon law, free help may still be available through the Federal Magnuson Moss Warranty Act. 

If you think you may have a potential claim under the Ohio Lemon Law, drop us a line and tell us about it.  We will be glad to discuss the situation with you and see how we can help.

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It’s time for another defect alert–this time around, it’s the BMW 335i.  Many distressed drivers are calling into the 1-800 LEMON LAW hotline complaining about fuel pump failure. This is nothing new–the manufacturer is aware of the problem and has extended the warranty on the part, and the message boards have repeatedly covered the issue.  But when the part fails, it does put the driver in significant danger, with the car limping along, and possibly stalling.

If you sense that you are having problems with your fuel pump, get to an authorized BMW dealership as soon as possible.  Make sure that you receive a repair invoice when you pick up the car which clearly outlines the problem you complained about.  Even if they say the  problem is due to bad gas (which we all know is not true), they need to provide an invoice. MAKE SURE YOU KEEP TRACK OF THESE PAPERS.  You may need them down the road.

If you find that you are repeatedly back to the BMW dealer with fuel pump problems, drop us a line or give us a call and we will be happy to discuss your situation.  We have been actively resolving these claims.

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Imagine buying one of those hot new Chevrolet Camaros.  You are cruising down the highway, enjoying every minute, when all of a sudden, the car won’t go into first gear or reverse.  The dealership identifies the problem and points to the clutch slave cylinder.  Apparently, there are a number of Camaros across the nation with the exact same problem. The good news is they know how to fix it; the bad news is you are going to be without your car for a little while….well more than a little while…..over a month….at least….maybe two months….but we will give you a loaner.

As a result of the troubling economy, closed factories and less dealerships, many consumers are hearing the term “National Back Order”  There is nothing you can do, other than sit back and wait the days, weeks, months until your part comes in and your car is fixed, right?

WRONG!  When you purchase a car with a manufacturers warranty, it is supposed to guarantee that your car is fixed efficiently and effectively and if it is not, you are entitled to recourse.  Under each of the State Lemon Laws we handle, you are entitled to file a claim if your car is out of service for an extended period of time, and that includes if a part is on back order.  In addition, these days do not have to be consecutive.

Under Pennsylvania Lemon Law, it’s 30 days within the first 12 months or 12,000 miles (whichever comes first).

Under New Jersey Lemon Law, it’s 20 days within the first 24 months or 24,000 miles (whichever comes first).

Under Delaware Lemon Law, it’s 30 days within the first 12 months of ownership.

Under Massachusetts Lemon Law, it’s 15 business days within the first year.

Under Maryland Lemon Law, it’s 30 days within the first 15 months of ownership.

Under Ohio Lemon Law, it’s 30 days within the first year of ownership.

Under New Hampshire Lemon Law, it’s 30 days within the manufacturers warranty period.

Under Connecticut Lemon Law, it’s 30 days within the first 24 months or 18,000 miles (whichever comes first).

Under New York Lemon Law, it’s 30 days wtihin the first 24 months or 18,000 miles (whichever comes first).

AND, EVEN IF THE CAR IS FIXED, the consumer still may be entitled to significant monetary compensation to reflect the diminished value of the car, PLUS they get to keep the vehicle.

For more information on what what you should you do if you are waiting for a part on national back order, drop us a line or call us at 1-800 LEMON LAW (1-800-536-6652).

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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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