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!

Popularity: 6% [?]

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).

Popularity: 10% [?]

As previously reported in the Lemon Law Blog on June 4th, General Motors intends to accept responsibility for all lemon law and breach of warranty claims of past, present and future leases and sales.  A Reuters report confirmed General Motor’s responsibility, as the manufacturer moves forward with a bid to win court approval to reorganize the company.

The new GM would be 60 percent owned by the US government, 17.5 percent by the United Auto Workers union and 11.7 percent by the governments of Canada and the province of Ontario.   Under the reorganization plan, the new company would be created by late August.

In the meantime, we are moving forward with all General Motors lemon law and breach of warranty claims, including Pontiac, Chevrolet, Buick, GMC, Hummer, Saturn, and Cadillac. We currently have a system in place where we can advocate quickly for our clients’ rights, with cases being expedited efficiently.  We have been assured that GM is committed to making sure this continues and we applaud the company for continuing to make consumers’ rights a priority. Remedies include full repurchase, or full or partial refunds and as always the legal help is completely cost-free. 

Popularity: 15% [?]

For the sixth year in a row, Robert M. Silverman and Craig Thor Kimmel have been named Pennsylvania Super Lawyers in a survey conducted by Law & Politics Magazine. In addition, Jacqueline Herritt, Managing Attorney for the Firm and a 11-year lemon law veteran, has also been named to the list for a third year running. Kimmel & Silverman is proud to have more Consumer Lawyers named to the list than any other Firm in the State.

The findings are published in the June 2009 edition of Philadelphia Magazine. More than 34,000 attorneys were asked to vote for the most effective counsel they have personally observed in action. Kimmel and Silverman were recognized among the top 5% of all attorneys statewide for building Pennsylvania’s oldest and largest full-service lemon law firm, and assisting more than 50,000 distressed drivers across the Northeast with cost-free legal representation.

Read the full article here: Pennsylvania Super Lawyers

Popularity: 9% [?]

Good news for GM Owners–In the company’s proposed Master Transaction Agreement, it specifically says that GM “will continue to accept all liabilities under express written and limited new vehicle warranties, certified used vehicle warranties, and pre-owned vehicles warranties delivered in connection with the sale of new, certified used, or pre-owned vehicles manufactured or sold by Sellers or Purchaser prior to or after the closing.”

What does that mean exactly?  It means that unlike the previous Chrysler bankruptcy, where lemon law representation was temporarily stayed and settlement checks were bounced, General Motors is still devoted to assisting any clients who suffer repeated problems under warranty, knowing that continued customer loyalty will result in a resurgence of the brand.

Our Firm is still handling lemon law and breach of warranty claims for all General Motors drivers in Pennsylvania, New Jersey, Delaware, Ohio, New York, Connecticut, Massachusetts, and New Hampshire. We have a system in place where we can advocate quickly for our clients’ rights, with cases being expedited efficiently.  We have been assured that GM is committed to making sure this continues and we applaud the company for continuing to make consumers’ rights a priority.

Popularity: 12% [?]

No doubt you have read all about the Chrysler bankruptcy in the headlines.  It has been covered by print outlets and blogs throughout the Country, or perhaps you heard Kimmel and Silverman attorney Bob Silverman discuss the situation on the local news.  All current Chrysler, Dodge and Jeep owners and anyone who intends to purchase one of these cars in the near future has hit a pothole when it comes to their consumer rights under State Lemon Law and Federal Warranty Law. 

As a result of the manufacturer filing in bankruptcy court, all lemon law and breach of warranty claims currently in litigation have been “stayed” or stalled until we receive instruction from the court on how to proceed.  But that’s not all; we have over 20 consumers waiting for complete repurchases or refunds, agreed upon before the manufacturer filed for bankruptcy, who are now stuck.  These folks each have signed releases from the manufacturer.  One client is a handicapped woman who desperately needs her Dodge conversion van to get around, and it has been in the shop numerous times for transmission problems. Another client, who has faced tough financial problems himself, already turned his car in and was waiting for his repurchase, and now he has no car, and no money. Plus, being that his creditor was never paid, he is facing the prospect of his lemon car being repossessed and ruining his credit.  Dozens of other folks have received checks which have bounced and these checks were dated prior to the 4/30 filing.

Currently, Kimmel and Silverman is working extensively on efforts to make sure Chrysler, Dodge and Jeep consumers are protected.  The manufacturers stance (and the PR statement we have heard from Washington DC and DCC headquarters) is your cars will be fully covered under warranty.  But, that’s not really the case.  If you can find a dealer that hasn’t closed, and they do have the part you need in stock (doubtful as a result of the closed factories and stop in production), what happens if they still can’t fix the problem?  If the check engine light keeps coming on?  If the water leak keeps reoccurring, resulting in mold?  If the windows still don’t go down?  If the car still won’t start?  And you are back one, two, three, four times?  Well, under normal circumstances, you would be able to use your rights under State and Federal Law to seek recourse, either a complete buyback, a new vehicle, or monetary damages to reflect the diminished value of the car as a result of the problems that occurred.  But that’s not the case right now.  Right now, Chrysler feels you are entitled to nothing other than continuous repair.  And, the new company that is looking to take over Chrysler is NOT interested in taking over these responsibilities; they do not want to compensate all the distressed drivers who have suffered defects or are currently suffering defects with their products.  The language in their motion is very unclear and contradicts itself.

We are currently working on a motion in an attempt for Chrysler to establish a litigation trust for those people who were entitled to recourse under warranty claims.  We will keep you abreast of our progress. In the meantime, we encourage you to reach out to your State’s consumer protection division and attorney general office and make sure they are aware of this situation.  Ask them what they are doing to advocate for consumers in perhaps one of the most troubling situations we have ever seen.

Confused? No doubt.  if you feel you have a potential DCC lemon law or breach of warranty claim and you would like to discuss this situation and your rights further, please e-mail us or call 1-800 LEMON LAW (1-800-536-6652). (Our firm handles claims in Pennsylvania, New Jersey, Ohio, Delaware, Maryland, Connecticut,  Massachusetts, New York and New Hampshire.  For other states, please visit www.lemonlawamerica.com.) We will be more than happy to go over your matter with you. 

Popularity: 27% [?]