Lemon Law Blog

Lemon Law Attorneys Bob Silverman and Jacqueline Herritt were featured on WYOU TV Interactive News last night, discussing consumers rights under the Pennsylvania Lemon Law and the Federal Magnuson Moss Warranty Act.  The program also offered viewers the chance to call in and discuss their lemon horror stories with Kimmel and Silverman staff members. You can watch the video here.

In the meantime, here is a quick refresher on the PA Lemon Law:

• The first problem must occur in the first 12 months or 12,000 miles, whichever comes first. (If the problem occurs after the first 12 months, the consumer would have a claim under Federal Law.)
• The problem must significantly affect the use, value or safety of the vehicle.
• The problem must occur three times (or more) under the manufacturers warranty.
• OR the car should be in the shop 30 or more days in the first year and they don’t need to be consecutive.
• Maximum remedy under the PA Lemon Law is a new car (MSRP to MSRP swap), or a complete buyback of the car, including finance charges, taxes and tags, minus a small mileage offset based on the mileage when the problem was first reported. 
• A consumer could also receive monetary damages to reflect the diminished value of the car as a result of the problems suffered, plus they get to keep their car.  The car’s warranty remains in effect; the consumer does not need to disclose that they received money at the time of trade or sale; and the car is NOT branded a lemon on carfax or autocheck.
• Motorcycles and used cars are not covered, however if the vehicles are in the shop three or more times under warranty for the same problem, they could qualify for monetary recourse under the Federal Law. 
• Legal help is completely cost-free under both the State and Federal Laws.  If the consumer prevails, the manufacturer must pay all attorney fees and legal costs ON TOP OF what the consumer receives. If a lemon law firm does take your case, they should not charge you if you do not prevail.  Therefore, fighting for your rights under the Lemon Law is cost-free and risk-free.

If you have any additional questions regarding the Pennsylvania Lemon Law, click here.  To read about Lemon Laws in other states, click here.

Popularity: 10% [?]

The Northeast has been hit with some wet, wild weather in the past 48 hours. As a result, our lemon law mailbox  has been “flooded” with questions like this:

“I bought a Chevrolet Aveo about a month and a half ago. Yesterday we had a rain storm and I went out to my car, the entire windshield on the inside was dripping wet…what are my options?”

The day after a storm, many distressed drivers discover leaks in their vehicles. And, if those leaks are not immediately addressed and repaired, your car will soon be a nesting ground for mold and mildew.  So, what should you do if you find puddles on your passenger floor (or elsewhere in the car)?

**Make a service appointment with your dealership immediately. Make sure the service manager understands the severity of the situation.

**Try to track down where the leak or mildew scent is coming from. If you can point your service manager in the right direction, they may be able to fix it immediately. Also, let the service manager know when the scent is the strongest (i.e. when starting up the car, when turning on the heater to high, when turning on the rear defroster, when it rains.) The more information you can provide your service manager, the better!

**Make sure you receive a repair invoice outlining your problem and their solution. Do not let them mail the invoice. Have them print out the invoice when you pick up your car.

**If you still smell the fumes after your service, you need to bring the car back to an authorized dealership for another repair attempt. If you feel your dealership is not handling the problem correctly, take your car to another authorized manufacturers dealership.

**If your car is under manufacturer’s warranty, you should not have to pay any extra monies for treatments or ventilation services. This problem should be covered under both the original and extended manufacturer’s warranties.

**If your car is under manufacturer’s warranty and you have given the manufacturer 3 or more chances to fix the problem, you can assert your rights to cost-free legal representation under State Lemon Laws or Federal Warranty Laws.

Don’t let your manufacturer leave you hanging out to dry. Take action if necessary.

Popularity: 13% [?]

Yes, I know we are in the middle of a hot, humid Summer….no better time to surprise you with a pop quiz on your knowledge relating to the lemon law and car buying.  No matter what time of year, it’s important to be prepared when either buying a new or used car, or filing a lemon law claim.  So, grab that #2 pencil and let’s see how much you know….

1) TRUE OR FALSE: If I buy a car and something goes wrong with it, I have three days to return the car.  It’s the law. 

2) TRUE OR FALSE: Once I have driven the car off the lot and signed a sales agreement, there is no way a dealer can change the price on me.

3) TRUE OR FALSE:  If I purchase a car and later figure out that I can’t afford to make the payments, I can return the car and it won’t affect my credit as long as I can prove financial hardship.

4) TRUE OR FALSE: I can ask the dealer to show me what he paid for the car he is selling.

5) TRUE OR FALSE: If I buy a used car and the car has been in an accident, the dealer must tell me that prior to sale.

6) TRUE OR FALSE: The Lemon Law not only applies to major problems, such as the transmission and engine, but also to electrical problems, water leaks, rattles and paint.

7) TRUE OR FALSE: If a new car is in the shop for 30 days in the first year, regardless of whether it’s for the same or different problems, the driver can file a lemon law claim.

8 ) TRUE OR FALSE: If I have a manufacturers warranty and something goes wrong with my car, I have to take it to the dealer when I purchased the car, even if it is far from my home.

9) TRUE OR FALSE: Used cars are covered under the State Lemon Laws.

10) TRUE OR FALSE:  A consumer under the age of 25 may be denied a loaner while their car is in service because of their age.

Click here to see how well you did!

Popularity: 16% [?]

DESPITE SHOWBIZ COUPLE BREAKING UP, KIMMEL & SILVERMAN, THE LEMON LAW FIRM, IS STILL GOING STRONG

 July 15, 2008– As headlines continue to roll in about the demise of the
relationship between late night talk show host Jimmy Kimmel and
comedienne Sarah Silverman, the calls are coming in at 1-800-LEMON-LAW,
the law firm of Kimmel & Silverman.

Clients of the largest automotive lemon law firm in the Northeast are
relieved to hear, after reading headlines which read “Kimmel & Silverman Split,”  that the Firm is still going strong.

The relationship between Craig Kimmel and Bob Silverman has lasted quite
a bit longer than Jimmy & Sarah’s-18 years to be exact. The attorneys,
who started out working for the same defense law firm, carved out a
niche in lemon law, using the fee-shifting provisions in State and
Federal Laws to provide cost-free legal assistance to consumers.  Since
its inception, the Firm has helped more than 45,000 consumers throughout
Pennsylvania, New Jersey, Delaware, Maryland, Massachusetts, Ohio,
Washington D.C., Rhode Island, Vermont and New Hampshire. Their website,
www.lemonlaw.com, receives over one million visits a year from
distressed drivers looking for legal assistance, and they have been
honored for their efforts by numerous organizations, including the
American Bar Association.

“I was quite shocked when the headline popped up on cnn.com,” deadpanned
lemon law attorney Craig Kimmel. “I thought my relationship with Bob was
going well. There were no warning signs. Then I found out about Matt
Damon, and turned to my good buddy Ben Affleck for advice.”

Craig and Bob do offer their best wishes to Jimmy and Sarah.
“Relationships are like cars; sometimes they go the distance, and
sometimes they don’t. At least cars have a warranty and when they are no
good, you have the lemon law and someone to go after.” says Kimmel.
“But, no doubt like our clients, we know that both of them will soon
find themselves on the road to recovery.”

EDITOR’S NOTE:  We love when people get our humor. This press release was picked up by numerous wire services, blogs and even the ABA Journal, whose headline reads “Law Partners Kimmel and Silverman are Still Happily Married!”

Popularity: 12% [?]

This morning, while taping a segment for the CW talk show “Speak Up,” we met up with one of our former clients, John Bryant.  John, an accomplished attorney himself, had endured several significant problems with his Cadillac. The battery kept dying, again and again, and he found himself back at the dealer on five different occasions.  He thought that General Motors would certainly do the right thing and exchange his car with a new one under the Pennsylvania Lemon Law.  When they refused, he upped the ante and told the dealer he would pay them $10,000 and turn in his car in exchange for a new car and he was still getting the run-around.  It was around that time that his daughter got involved.  She had heard about Kimmel & Silverman and she looked up lemon law.com on-line.  Once John contacted us, we started representation and shortly after, John received an MSRP to MSRP swap, exchanging his 2003 Cadillac for a 2008 Cadillac.  He paid NO attorney fees (as you know, if we can help, it is completely free) and only paid $2,400 in mileage and upgrade offset, MUCH LESS than what he offered the dealer.   Needless to say, he was thrilled.

So, what’s the moral of the story?  Dealers can only do so much to help the consumer.  When dealing with a lemon law or breach of warranty issue, the defendant is NOT the dealer; it is the manufacturer. Many a dealer has whispered “1-800-LEMON-LAW’ to their customers over the years.  They do this because they know they have no control, and really want to help.  If you find yourself in a similar situation, don’t bend the dealer’s ear, hoping that he will come to your rescue.  Instead, research your lemon law and breach of warranty rights, make sure you keep all of your repair invoices, and look into hiring a lemon law attorney.  It is cost-free and risk-free.

For those in the Delaware Valley, “Speak Up” will air this Sunday morning at 8am on CW57. In addition to John, the program will feature lemon law attorney Amy Bennecoff and Director of Communications & Automotive Consumer Advocate Michael Sacks.

Popularity: 19% [?]

This year, we have handled numerous lemon law claims with regards to the Jeep Commander (#6 on this year’s car complaint index) and the Pontiac G6.  Now comes word from consumer affairs.com that NHTSA, The National Highway Traffic and Safety Administration has opened a preliminary investigation which could lead to a recall of 136,444 Commanders and 176,968 Pontiacs.

Jeep Commander drviers have been complaining of stalling incidents with simultaneous loss of lighting systems including headlamps. NHTSA has also received 19 complaints of power steering from Pontiac G6 drivers with two incidents resulting in accidents.

If you find that you are experiencing problems with your Jeep Commander or Pontiac G6, it’s very important to keep all of your reapir invoices and keep a log when you are experiencing problems.  If you bring your car in the shop three or more times, you could be entitled to significant remedy under State or Federal Law.  Feel free to contact us or call us at 1-800 LEMON LAW (1-800-536-6652).

Popularity: 28% [?]