Lemon Law Blog

There is no doubt that we are all looking for ways to save money and  that should extend to car buying.  You can save considerably when purchasing a used car versus a new car.  That being said, you need to prepare yourself to make sure that the dream car you purchased was not someone else’s nightmare.

First, when buying a used car, you MUST ask questions.  Do not be shy.  Did you know that a dealer does not have to disclose that a car has been in an accident unless they are asked?  They don’t have to disclose the car is a previous rental, repo or fleet car either.  You need to inquire about anything and everything.  You also need to run a vehicle history report to ensure the car does not have a salvage or lemon history.   We like Experian’s Autocheck, which offers unlimited monthly reports for $44.99.  And you should consider hiring an outside mechanic to inspect the vehicle prior to signing on the dotted line.  This is a simple $100 investment which could save you thousands down the road.

Make sure you inquire about the warranty.  Ideally,  you want to make sure you have a manufacturers warranty.  Dealer and third party warranties often cover very little and have a great deal of fine print.  Understand the terms of your warranty and its coverage. Furthermore, if you have a car under a manufacturers warranty, and you are back three or more times for the same problem, you could be entitled to monetary compensation under the Federal Magnuson Moss Warranty Act we are always talking about.

Lastly, we recommend that you print out a copy of our Lemon Dodger worksheet, which lays out all the information you need to know before taking the car off the lot.  We know it may seem excessive, but it will help you tremendously.

Remember, an educated consumer is an effective consumer and you certainly don’t want to be steered toward a lemon.

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The Car Allowance Rebate System (aka Cash for Clunkers) has ceased, but that does not mean you cannot get cash if your car is a clunker. 

We repeatedly discuss the Magnuson Moss Warranty Act, which provides distressed drivers with monetary damages if their car, truck or motorcycle has been back in the shop repeatedly for the same repairs, but does not fall under Lemon Law parameters.   Lemon Law Lawyer Craig Thor Kimmel recently joined Ukee Washington on Eyewitness News This Morning on the CW Philly to discuss the Magnuson Moss Law and how it works.

Under the Federal law, which provides protection for any consumer who purchases a product over $25, a consumer can receive monetary damages from the manufacturer to reflect the diminished value of the product as a result of the repeated problems.  At Kimmel & Silverman, we have used this Law to help folks with faulty vehicles, motorcycles, ATVS, computers and appliances. 

The best part for drivers who use this law is that they are entitled to monetary compensation even if the vehicle is finally fixed after repeated attempts. You receive money PLUS you get to keep your car.  In addition, the car is not branded in any way on carfax, the warranty remains completely in effect, and you do not need to disclose that you received this money at the time of sale or trade.  Also, just like the Lemon Law, legal help is 100% cost-free.

Here are some recent Magnsuon Moss victories.  (Of course, each case is different and we cannot guarantee that you would be entitled to the same compensation). 

2004 Mazda RX8: currently has over 57,000 miles
Engine flooded—replaced numerous components , including cat converter
Consumer received $6,000

2007 Suzuki SX4: currently has 60,000 miles
Defective engine block at 42,000 miles, out of service 2 months
Consumer received $4,500

2004 Volvo C70: currently has 37,000 miles
Car would not start x3
Consumer received $3,000

2007 Saturn Ion: currently has 43,000 miles
Loss of power starting at 15,000 miles—replaced wiring harness
Consumer received $3,000

2008 Cadillac Escalade: currently has 23,000 miles
Purchased used, replaced trailer hitch cover x3, stalling x2
Consumer received $4,000

2007 Subaru Impreza: Currently has 21,000 miles
Problem occurred right outside of Lemon Law
Check engine light x3—replaced left side cylinder & short block, out of service 46 days
Consumer received $7,500

2007 Hummer H3: currently has 23,000 miles
Car leased; Door lock & window malfunctions x6
Consumer received $3,000

2005 Jeep Grand Cherokee Laredo: currently has 60,000 miles
Purchased used; check engine light x4 under warranty
Consumer received $2,750

2004 Cadillac SRX: currently has 43,000 miles
Purchased used; engine replaced plus power steering leak x3
Consumer received $6,000

2005 GMC Sierra:  currently has 38,000 miles
Check engine light starting at 18,000 miles—eventually replaced turbo
Consumer received $4,000

If your car is still under an original or extended manufacturers warranty, and you have been in the shop three or more times for the same problem, please drop us a line to see if you are entitled to remedy under the Magnuson Moss Warranty Act.

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It’s time for another roundup of recent repurchases and refunds.  These blog entries are always our favorite to write.  Kimmel & Silverman is dedicated to being the oldest, largest and most helpful lemon law firm in the Northeast, successfully handling over 50,000 lemon law and breach of warranty claims since our inception at absolutely no cost to consumers.  The following are just a few of the cases resolved in the last 30 days:

• 2008 Nissan Altima -Complete Repurchase under New Jersey Lemon Law (resolved in 24 days)
• 2008 Mazda 3 -$6,500 cash under Pennsylvania Lemon Law (plus client kept their car)
• 2008 Suzuki Forenza -Complete Repurchase under Ohio Lemon Law (resolved in 23 days)
• 2005 Suzuki Forenza -$5,000 cash under Pennsylvania Lemon Law (plus client kept their car)
• 2008 GMC Yukon -Complete Repurchase under Ohio Lemon Law (resolved in 45 days)
• 2006 Kia Sedona -$4,500 cash under Magnuson Moss Warranty Act (plus client kept their car)
• Used 2008 Kia Sorento -$3,875 cash under Magnuson Moss Act (plus client kept their car)
• 2008 Suzuki Sx4 -Complete Repurchase under Pennsylvania Lemon Law (resolved in 41 days)
• 2006 Suzuki Grand Vitara -Complete Repurchase under Pennsylvania Lemon Law
• 2008 Subaru Impreza-$4,600 cash under Connecticut Lemon Law (plus client kept their car)
• 2009 Honda Accord-Complete Repurchase under New Jersey Lemon Law (resolved in 70 days)
• Used 2006 Mazda Tribute-$6,000 under Magnuson Moss Act (plus client kept their car)
• 2008 Mazda CX7 with 30,000 miles-$4,000 under New Jersey Lemon law (plus client kept car)
• 2008 GMC Siera -$5,000 cash under Pennsylvania Lemon Law (plus client kept their car)
• 2008 Lexus GS350 -Complete Repurchase under New Jersey Lemon Law
• Leased 2007 Jeep Wrangler with 27,000 miles – $5,000 under Magnsuon Moss Warranty Act
• 2008 Saturn Outlook – $7,000 cash under Pennsylvania Lemon Law (plus client kept their car)
• 2006 GMC Sierra – $5,000 cash under New York Lemon Law (plus client kept their car)
• 2009 Jeep Wrangler – Complete Repurchase under Pennsylvania Lemon Law (resolved in 60 days)
• 2007 BMW 3 series,first repair at 29,000 miles -$4,000 under Magnuson Moss Act (client kept car)
• Used 2003 Cadillac CTS with 64,000 miles -$3,000 under Magnuson Moss Act (plus client kept car)
• 2008 Lexus RX350 – Complete Repurchase under Massachusetts Lemon Law
• 2009 Mazda 6 – Complete Repurchase under New Jersey Lemon Law (resolved in 20 days)
• 2008 Audi A4 – Complete Repurchase under New Jersey Lemon Law (resolved in 3 months)
• Used 2007 Pontiac Solstice -$4,000 cash under Magnuson Moss Act (plus client kept car)
• 2008 GMC Arcadia – Complete Repurchase under Pennsylvania Lemon Law (resolved in 30 days)
• 2006 Chevrolet HHR with 26,000 miles- $4,500 under Maryland Lemon Law (plus client kept car)
• 2006 Volvo S60 – $6,500 under New Jersey Lemon Law (plus client kept car)
• Used 2006 Pontiac Torrent -$3,000 under Magnuson Moss Act (client kept car; resolved in 19 days)
• 2007 Chevrolet Tahoe, first defect at 20,000 miles -$5,500 under Magnuson Moss Act (client kept car)

If you feel you may have a potential lemon law or breach of warranty claim, contact us at 1-800 LEMON LAW (1-800-536-6652) or drop us a line.  We will be glad to review your situation and see if we can help.  With eleven Lemon Law attorneys, six full-service offices, three ASE-certified mechanics on staff, and a complete support team of experienced paralegals and administrators, no one can get you on the road to recovery quicker than Kimmel & Silverman. 

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As you can imagine, distressed drivers submit hundreds of questions each week to Lemon Law.com, hoping to find out more information about lemon law, breach of warranty and dealer fraud claims. And without fail, at least ten times a day, we receive this one-line inquiry:  “Are used cars covered under the Lemon Law?”

If we had a nickel for every time we received this question, we would be billionaires many times over.  In the nutshell, the answer is no.  The Lemon Laws we work with apply to new or demo cars purchased or leased by authorized manufacturers dealerships.  Now, does that mean that if you purchase a used car, you are up the creek?  Not necessarily.  If you purchased a used car with an original or extended manufacturers warranty, and you find yourself having to go back to the dealer three or more times for the same repair, you very well may have rights under the Federal Law we are always talking about, known as the Magnuson Moss Warranty Act.  Under this Law, you would be entitled to significant monetary compensation from the manufacturer to reflect the diminished value of your car as a result of the problems you have incurred.  In other words, part of what you pay for is a manufacturers warranty and that is the ensure that problems are fixed efficiently and effectively.  If they are not being fixed, there is a breach of warranty and you are entitled to money back.

In many of these cases, you could be looking at 15-35% of what you paid back in your pocket.  This money is non-taxable, you get to keep your car, and your warranty remains completely in effect.  In fact, if the car is fixed after 3-4 attempts, you still are entitled to remedy under this law. You do not need to disclose that you received this money at the time of trade or sale and your car is NOT branded a lemon on carfax.  This is essentially free money in your pocket to pay you back for the defect you have dealt with.

And the best part of all is like the Lemon Law, the Magnuson Moss Warranty Act has a fee-shifting provision which means that if you prevail the manufacturer must pay all attorney fees and legal costs on top of what you receive.  Thus, there is no cost and no risk to filing a claim.

If you feel you may have a potential breach of warranty claim, feel free to contact us at 1-800 LEMON LAW or drop us a line.  Be as specific as possible regarding your problem so we can provide you with a solution to best fit your needs.

Also, it is important to note that certain states we work with, including New Jersey and Massachusetts, do provide used car lemon law protection.  The used car lemon laws are a bit different than new car claims, and in most circumstances can be handled through your State’s Attorney General.  If we feel you qualify for this type of protection, we will be glad to direct you.

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School may be out for Summer, but consumers should always be educated when it comes to their rights.  Many of the calls we receive at 1-800 LEMON LAW come specifically from distressed drivers who want to know if they fall under their State’s Lemon Law.  So, back by popular demand, it’s a Lemon Law 101 refresher course.  Of course, if you have any questions, do not hesitate to contact us either by e-mail or by calling 1-800 LEMON LAW (1-800-536-6652) and we will be glad to answer all of your questions. 

Now, without further ado, here is a quick rundown of the laws in the States we practice.  Click on the State for more information.  For information on other state, please visit Lemon Law America.

Pennsylvania Lemon Law :  First problem must occur in first 12 months or 12,000 miles whichever comes first.  The problem must occur three or more times under warranty OR the car is in the shop 30 or more days within the first year, and those days do not have to be consecutive. Car must be purchased (or leased) and registered in PA.  Motorcycles are not covered under PA Lemon Law  (but they are covered under the Federal Magnuson Moss Warranty Act so we can still help!)–Kimmel & Silverman was directly responsible for getting leased cars included under the PA Lemon Law.

New Jersey Lemon Law :  Second most effective Lemon Law in the Nation! First problem must occur in first 24 months or 18,000 miles which ever comes first. Problem must occur three or more times under warranty OR the car is in the shop for 20 days in the first 24 months/18,000 miles and they do not have to be consecutive. Motorcycles are covered under NJ Lemon Law. Vehicle can be purchased, leased or registered in New Jersey.

Delaware Lemon Law : First problem must occur in the first year of ownership.  Problem must occur four or more times under warranty OR the car is in the shop 30 or more BUSINESS days in the first year. Vehicle can be purchased, leased or registered in Delaware. Motorcycles are not covered under DE Lemon Law  (but they are covered under the Federal Magnuson Moss Warranty Act so we can still help!)

Maryland Lemon Law : First problem must occur in the first 15 months or 15,000 miles of ownership. Problem must occur four or more times under warranty OR the car is in the shop 30 or more days in the first 15 months. Vehicle must be purchased or leased in Maryland. Motorcycles are covered.  Commercial trucks under one ton are also covered.

Massachusetts Lemon Law : First problem must occur in the first year or 15,000 miles whichever comes first. Problem must occur three or more times under warranty OR the car is in the shop 15 BUSINESS days in the first year. Motorcycles are not covered under MA Lemon Law  (but they are covered under the Federal Magnuson Moss Warranty Act so we can still help!)

Ohio Lemon Law : First problem must occur in the first year or 18,000 miles, whichever comes first. Problem must occur three or more times under warranty OR eight problems must occur OR in the shop 30 or more days in the first year. Motorcycles are covered under the OH Lemon Law.

Connecticut Lemon Law : First problem must occur within the first 24 months or 18,000 miles, whichever comes first, and can continue 4x throughout the original and/or extended manufacturers warranty period. Connecticut’s Lemon Law also applies to vehicles that are in the shop for repair thirty (30) or more calendar days during the first 18,000 miles or 24 months (whichever comes first) and these days do not have to be consecutive. Motorcycles are covered.

New York Lemon Law :  First problem must first occur within the first 24 months or 18,000 miles, whichever comes first and happen 4 times. The New York Lemon Law also applies to vehicles that are in the shop for repair thirty (30) or more calendar days during the first year. Motorcycles are covered.

New Hampshire Lemon Law : Vehicles purchased or leased  in NH with a gross weight of under 9000 pounds, that suffer a problem that cannot be repaired after three attempts by an authorized manufacturer’s dealership. This nonconformity must occur within the warranty period. The New Hampshire Lemon Law also applies to vehicles that are in the shop for repair thirty (30) or more business days during the express warranty period.  Motorcycles are covered.

Under State Lemon Laws, you could be entitled to one of the following three possible remedies:
1. First  remedy can be a new vehicle – an MSRP TO MSRP swap.  MSRP stands for manufacturers suggested retail price. You will receive a credit for the MSRP/sticker price of your car which can be applied to the MSRP of any new car within the manufacturer.  Ideally, if you are interested in the same car, there should be little or no upgrade cost.   Essentially, this is a trade WITHOUT depreciation.  You will be put into a new vehicle with the same amount of equity as your old vehicle.

2. A full refund of your money, including finance charges, taxes, tags, down payment trade in value minus a small mileage offset (When it comes to offsets, each state is different. You give back the car, it is branded a lemon and you are done. )

3. The third possible remedy is monetary compensation to reflect the diminished value of the car.  Part of what you pay for when purchasing a car is a manufacturers warranty and that is to ensure that the problems you fix are fixed efficiently and effectively and if they are not after a certain number of times, your warranty has been breached.  If you receive compensation, you will get to keep the car, the car is NOT branded in any way, shape or form, your warranty remains completely in effect and you do not need to disclose that you received this money at time of trade or sale.  FURTHERMORE, EVEN IF YOUR CAR IS FIXED, YOU COULD STILL BE ENTITLED TO THIS MONEY.

If a person does not fall under the Lemon law, that does not mean we can’t help them.  As long as they have been in under manufacturers warranty three times for the same problem or four times for the same problem in Maryland, we can file a claim under the Magnuson Moss Warranty Act.  This applies to cars that were either purchased used or the first problem fell outside the parameters of the State Lemon Law.

Bottom line:  If you have a manufacturers warranty and have been in the shop repeated times for the same problem, chances are we can help.  Please feel free to get in touch with us any time to discuss how we can provide free legal representaiton in your particular situation.

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Happy new year!  The winter months are upon us and so is the wacky wetter weather (try saying that ten times fast.) The phones at 1-800 LEMON LAW are ringing with many distressed drivers who are dealing with water leaks. On this blog, we have discussed why it is so important to continue to bring these leaks to your service manager’s attention, especially since leaks can lead to mold and mildew.

Many vehicles are suffering with clogged sunroof drains and other component failures which are causing water to leak onto drivers side and passenger side floors, and in some cases, even contaminate electrical components.  We are also seeing a great deal of water leaks in trunks and spare wheel wells.

If you have a GMC Acadia, Saturn Outlook, Jeep Commander and Jeep Grand Cherokee, please be advised we are currently handing/have handled hundreds of water leak claims involving these types of vehicles.But, you are not alone.  This past month alone, we have opened water leaks claims against six other manufacturers as well. A leak can occur in any vehicle. Remember that in this tough economy, we are continuously seeing manufacturers cutting warranty repair costs.  Be as specific as possible with regard to when you noticed the leak and what areas of your vehicle appear to be affected.  Furthermore, it is essential that if you smell or see mold or mildew, you immediately bring it to you dealer’s attention and if necessary, you request that carpeting and seats be replaced. Your family’s health and the value of your vehicle both could be at risk.

In most circumstances, if you report a water leak or a leak-related problem (mold) to a dealer three times under original or extended manufacturers warranty, you very well may be entitled to a full or partial refund, or a new vehicle under State and/or Federal Law (even if the leak is fixed).  If this applies to you, and you are interested in 100% cost-free legal assistance, please contact us to discuss your rights.

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