Lemon Law Blog

As the rain has been pouring down this past week, the calls have been pouring into 1-800 LEMON LAW . We have been successfuly resolving a large number of water leak claims recently, especially in General Motors SUVs.  But, GM drivers are not alone; I just took a call from a gentleman who has been in 7 times for a water leak in his trunk…and he drives a 2007 Honda Accord! There is no doubt that as the weather continues to get wetter, many distressed drivers will locate a leak. So what do you do if you find a drip?

We have repeatedly provided tips on what to do if your car leaves you all wet. Provided you are under manufacturers warranty, make sure you take your car to an authorized manufacturers dealer as promptly as possible. And, when you pick up the car, make sure you also pick up a repair invoice that outlines the problem and what they have done to resolve it.  Keep these invoices in a safe place. If you are facing this problem repeatedly, and the service manager is leaving you out to dry, you need to take action.  If you are in the shop three times under warranty for a leak, you have the right to file a lemon law or breach of warranty claim EVEN IF THEY EVENTUALLY FIX THE PROBLEM.  Why?  Because your vehicle has suffered a non-conformity which significantly affected its use, value and safety.  A decent claim could result in significant monetary compensation…we are talking a partial or full refund…possibly even a new car. And as you know, under your lemon laws and federal laws we work with, the legal help is completely FREE.

And let’s say they fix the leak?  How sure are you that the leak will not return? Or worse yet, you may discover mold and/or mildew. Unfortunately, one thing we see time and time again are folks who do not open a claim because their problem is fixed…and then it pops up again 15,000 or 20,000 miles “down the road.”  The case is weaker. The remedy is usually weaker.

If you are find yourself ready to flip after discovering your drip, contact us via e-mail or phone at 1-800 LEMON LAW (1-800-536-6652) and we will be glad to discuss the situation with you and how we can help.

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We frequently mention our TV and radio appearances on the blog, with the hope that consumers will tune in and learn.  Automotive Consumer Advocate Michael Sacks, 1-800 LEMON LAW Director of Communications, recently joined Spencer Graves on WDEL’s Consumer Hotline, when a call came in from a distressed driver with a Volvo XC90.  He had close to 50,000 miles on his vehicle and he was constantly complaining about a transmission problem.  The dealer was being as helpful as possible; they replaced several components but after a while, they told him it was “a normal characteristic of the vehicle.”  The listener did not know what to do; he loves his vehicle but he thought he was entitled to something for his problem. Michael asked the listener to forward his repair invoices to him Monday morning.

Michael reviewed the invoices with the 1-800-LEMON LAW legal team and it turned out the listener had a strong claim under the Magnuson Moss Warranty Act.  Three weeks later, he settled his claim for $7,000, plus he gets to keep his vehicle, the extended warranty is in full effect (so if there is a transmission problem, Volvo is obligated to fix it), and the car is not branded in any way, shape or form.  Needless to say, our client was very happy.

This comes on the heels of Ernie from Wilkes Barre, PA who called when he heard Michael on WILK News Radio. He had already gotten rid of his Land Rover after he suffered numerous problems and he wanted to know if we could do anything.  He sent in his paperwork and Lemon Law Attorney Jacqueline Herritt succeeded in getting him $5,000. Ernie received $5,000 just for listening, and faxing in a few papers!  And, of course, neither consumer paid a dime for our legal help.

Remember, never be afraid to ask for help.  If you want to see if you have a potential lemon law or breach of warranty claim, click here and we will get in touch with you promptly.  And remember, to keep an eye on our blog for our next TV and/or radio appearance.

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Every day, we receive many calls to our 1-800-LEMON LAW hotline, and most callers have a common question “Do I have a lemon?” As discussed before, a lemon by definition is a vehicle with a significant non-conformity that affects the use, value or safety of the vehicle, and cannot be repaired within a reasonable number of repair attempts.  Each state’s lemon law provides a different number of repairs required, a different amount of time in which the first repair needed to be performed, and a number of days in which the car is in the shop to be declared a lemon.  In Pennsylvania, for instance, the lemon law says the car has to be in the shop three times, with the first problem occurring in the first 12 months or 12,000 miles whichever comes first, or in for 30 days within the first year. (But, please remember that after the lemon law parameters ran out, you still have rights under Federal Law as long as you are covered under manufacturers warranty.)

Then, we need to look at the defect.  Many folks think that in order for a car to be declared a “lemon,” something needs to go wrong with the engine or transmission, and the car cannot run.  This is untrue.  Here are just some of the problems we have encountered in our caseload, which have resulted in new cars, full or partial refunds for our clients, in addition to standard no start, engine, and transmission problems:

• Faulty Gas Gauges
• Sliding Doors
• Water Leaks/Mold
• Faulty Door Windows & Locks 
• Check Engine Lights
• Brake Problems–constant replacement of rotors, pads etc.
• Pinging Noises/Piston Knock in Engine
• Stalling
• Navigation System Defects
• Faulty Electrical Sensors
• Sunroof Problems
• Steering Fluid Leaks
• Sudden Acceleration/Deceleration
• Constant Replacement of Radio/CD Player
• Oil Consumption
• Convertible tops not retracting
• HVAC problems

The bottom line is as long as the dealer is fixing the problem and billing the repair to your manufacturer’s warranty, it is a defect that could yield compensation.  The important thing is to make sure you keep all of your repair invoices, and if you find yourself in three times, TAKE ACTION either with us or through another avenue.  The Laws are in place to help you; Take advantage of them.

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This past weekend, in her Short Cuts column, New York Times writer Alina Tugend questioned whether a consumer should consider purchasing an extended warranty when buying their car.  She found herself immersed in a maze of terminology, regulations and lawsuits so she sought out some advice from a few well-informed sources:

**In their annual auto issue published last April, Consumer Reports concluded that extended warranties were not a good deal.  In a survey issued by the magazine, they found that 65 percent of the 8,000 readers who responded said they spent significantly more for a new-car warranty than they had for repair costs. Only 5 percent said they had a net saving, and about 42 percent of extended warranties were never used. 

**For those consumers who still want added protection, it’s beneficial to wait, says Phillip Reed, senior consumer advice editor for Edmonds.  One reason for this is that “when the warranty is rolled into the purchase price of the car, it is easy for (dealers) to hide the true cost you’re paying.”  In most cases, you can buy an extended warranty up until your original warranty expires.  This could be beneficial, because after a year, you can determine exactly how long you plan on keeping the car for. Reed also points out that it is not true that you need to take an extended warranty to qualify for low-interest financing, as some customers have been told.

**Finally, our own Craig Kimmel, lemon law attorney for Kimmel and Silverman, offers Tugend some important advice.  “If it’s not the exact manufacturer’s warranty, we recommend against it.” 

You can read the whole article by clicking here.

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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.

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Strapped for cash?  Who isn’t?  Unemployment is up. News reports continue to flood in about how poor the economy is. As gas prices soar higher, the money in our wallets seems to dwindle. Our homes are not worth what they were and neither are our stock portfolios. So, how would $2,000, $3,000 or even $5000 sound?  In a non-taxable check, and you don’t have to do much to get it.  You may be entitled to a large sum of money and the answer may be right in front of your nose…in your driveway to be exact (and no, we are not talking about selling your car). If you have read it before on the blog, it bears repeating, because consumers who call into the 1 800 LEMON LAW hotline can’t beleive it.  This is a Federal law which applies to every state we work in:  Pennsylvania, New Jersey, Delaware, Maryland, Massachusetts, Ohio, Washington DC, Vermont, Rhode Island and New Hampshire.

It’s a little known Federal law called the Magnuson Moss Warranty Act, that’s not discussed by car dealerships when you purchase your car.  It’s a statute that is not heavily promoted or publicized but it applies to cars, or any products that cost over $25 and are covered by a manufacturers warranty.  What is says is that if you find that you have to get your car repaired three or more times for the same thing, it means that the warranty has not proven to efficient or very effective.  And for that reason, you could be entitled to monies that reflect the diminished value of the car as a result of the problem. So, that darn window motor that’s been replaced, the air conditioner that hasn’t been blowing cool air,  the water leak in the trunk that was finally fixed after four tries, or that nav system that’s gone through quite a few upgrades could mean thousands in your pocket PLUS
**You get to keep your car
**Your warranty remains completely in effect and they still have to fix your car.
**Your car is NOT branded in any way (like the lemon law), so know one can look up a carfax report and determine that you received this money.
**You do NOT need to  disclose that you received this money when selling or trading your car. 
**Like the Lemon Law, the Magnuson Moss provides a provision which entitles consumers to completely FREE LEGAL HELP, so they are on equal footing with the manufacturers.
 
And unlike the lemon law, this law can also apply to used cars, motorcycles(when state laws do not apply), and some seacraft too (like jet skis and sea doos). You read this right–This is free money and it applies to any car or truck which has repeated problems under an original or extended manufacturers warranty (normally three times in for the same problem) .

If you’d like to see if you are entitled to this money, click here or call us at 1-800 LEMON LAW (1-800-536-6652). Also, this past Spring, CBS3 consumer reporter Jim Donovan put together a great story on this which you can view by clicking here.

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