Lemon Law Blog

We are very proud of our website. Since it’s inception over ten years ago as the first site dealing specifically with lemon law and breach of warranty rights, we have provided information to more than 20 million visitors.  We have been recognized by many organizations for providing comprehensive and useful information to both distressed drivers who already have a lemon car and potential car-buyers who are looking to buy a car without being taken for a ride.

That being said, it often surprises us when folks reach out to us for assistance and information, and then proceed to tell us that they think they will be able to handle it on their own through the dealership.  That would be okay–if the dealer was the defendant, but they are not.  In most cases, dealerships have NO authority to offer a consumer a buy back or an MSRP to MSRP swap (not a trade, but a swap). In addition, most consumers have

**NO access to the manufacturer’s legal counsel.  Sure, you can call the customer service hotline and receive a case number, but what does that mean?  And, who are you talking to on the other line? In most cases, this is a pacifier.

**NO true knowledge of the last chance letter we frequently see on websites. Consumers should not send a last chance letter on their own.  Why are you only giving the consumer one last chance to fix the problem, when there is no guarantee that you will get a new car or buyback.  This is a law; it is not a guarantee.  Plus, you are creating a hostile environment between you and the dealership.  You need to speak to a lawyer first before issuing such a letter. 

**NO access to technical service bulletins, recalls, or case study to determine if the problems you are experiencing are common among the masses.  Plus, law firms offer ASE-certified experts who will write expert reports on cars and their conditions–at NO COST TO THE CONSUMER.

**NO ability to enforce the Magnuson Moss Warranty Act.  Yes, dealers are required to discuss the Lemon Law with you when you purchase a car.  But, if your problems fall outside the lemon law provisions, ask them about the Mag Moss and they will stare at you like you are speaking another language?  Do you think the dealer is going to offer you thousands of dollars to reflect the diminished value of the car? No and they are not required to.  If you have a car with 50,000 miles on it, what can a dealer do for you?  An oil change, a monthly payment, at the most an extended warranty, but you are entitled to SO MUCH MORE.

Our goal is to educate you about your rights so that you will enforce them if you need to.  However, the beauty of these laws is that they offer provisions which put you on EQUAL FOOTING with the billion-dollar manufacturers?  These provisions provide completely free legal help, either through us or another Firm.  Take advantage of them.  Let those who are more knowledgeable help you.  I can’t tell you the number of folks who tried to do this on their own, failed, and then virtually voided their rights.  If you are going to fight, make sure you have someone in your corner who knows how to battle. OK, I’m stepping off my soapbox now.

A quick programming note for viewers in the Delaware Valley–Craig Kimmel will be discussing the 2008 Car Complaint Index and the Center for Auto Safety’s Best Bets tonight on the Fox 29 News at 5.

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Lemon Aid

Driving a clunker?  There is help.

By Dan Sokil (staff writer)

Norristown Reporter

February 9, 2008

Maybe you’ve heard a catchy tune, or seen a commercial on TV about it.  But what exactly are you supposed to do if you find yourself driving a “lemon”? Roy “Duke” Milner of Lansdale knows first-hand the problem that can occur. He was having problems with a 2005 Cadillac XLR. “I purchased this Cadillac, new, and everything was fine with it for not quite a year,” said Milner.  “Then all of a sudden the trunk was leaking.”

“I returned it to the dealer at least five times, and it was in the shop for about 45 days total, and they just didn’t seem to be able to fix it,” Milner said.

After explaining his situation to Kimmel & Silverman, who filed a Lemon Law case against the manufacturer, Cadillac quickly reached a settlement with the law firm and Milner was able to purchase a new car.

“It took two weeks at most; I was very satisfied,” said Milner.  “I was somewhat apprehensive about this, and didn’t think it would get resolved, but was very pleased that it did.”

Pennsylvania’s Lemon Law, according to Kimmel & Silverman’s website LemonLaw.com, “applies to new cars 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.”

However, several requirements must be met first.  The defect must have occurred within one year or 12,000 miles of purchasing the car, or the terms of the manufacturer’s warranty, whichever comes first. The defect must substantially impair the use, market value, or safety of the car.  It also cannot be the result of an accident, abuse, neglect or alteration of the car by someone other than the authorized dealer.

The manufacturer must also attempt three times to repair the defect, or the car must be out of service for a total of 30 calendar days, before a Lemon Law case may be brought. 

However, according to attorney Bob Silverman of Kimmel & Silverman (which runs the website LemonLaw.com), contacting the manufacturer yourself is not as successful as it once was. “Most manufacturers are cutting so many employees these days,” said Silverman, “that we’re hearing from our customers that they’re merely being patronized, and that just makes things worse.

Since Lemon Law firms like Kimmel & Silverman have direct access to manufacturer’s legal departments, he added, cases represented by firms that specialize in Lemon Law cases are often resolved more quickly. That proved to be the case for Mallory Durrick of North Wales, who purchased new Nissan Versa in May 2007.  The auto quickly developed a water leak and then a mold problem on the front passenger floor.

“They determined first that there was a leak in the seal of the windshield,” said Durrick, “and fixed it, said they were 100 percent satisfied with the repair.” About a month later, on the way to a regular oil change, Durrick noticed the problem had returned.

“I couldn’t believe it.  They kept my car for 32 days,” Durrick said, ultimately finding a leak in an air conditioning line.

“When they ripped up the seats and carpeting, the seats of the car were covered in green and black mold,” said Durrick.

After third-party testing by NAL East Environmental Services of Feasterville confirmed the high levels of mold in her vehicle, Durrick tried to contact the manufacturer through the dealership where she purchased the car.

“Nissan was refusing to help me, but Montgomeryville (where she purchased the car) was great,” said Durrick, who filed a Lemon Law case with Kimmel & Silverman.

They reached an agreement with Nissan to buy back Durrick’s car, and she recently returned it.

“I didn’t find it to be difficult at all,” she said.  “Since the Lemon Law protects the consumer, all of the legal costs were paid by the manufacturer.”

That cost protection is the key to protecting consumers, said Silverman. “The reason why (Pennsylvania) decided to make litigation free to consumers,” Silverman said, “is because they realize how important it is to level the playing field, between these big manufacturers and consumers.”

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Thanks to the world wide web, anyone can promote their services on-line and programs, such as google adwords, enables law firms to target specific terms and pay to appear under these terms. The disturbing fact is that folks can write anything in their ads that they want–there is no control or protocol. Earlier this week, our office manager received a phone call from a new law office opening in one of our states. The paralegal who called requested names and contact information for all the manufacturers and the opposing counsel. They did not plan to do any research; they were hoping to ride on our coattails and take the information we have built for our clients and our Firm over the past seventeen years we have been practicing in the state. What’s even more upsetting about this story is that if you look at the lawyer’s ad on google, it reads that they have 20 years experience. Yet, in the state they are advertising, they have none! So, be careful, ask questions, be weary of one page websites, and know who you are hiring.

For more information, see the whole article here: Lemon Law Firms Are Not All Created Equal

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Looking for a quick, informative TV feature outlining your rights under the Lemon Law?  Check out a great piece by Fox Philadelphia consumer reporter Michelle Williams by clicking here!

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