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Archive for the ‘Magnuson Moss’

If your car is a clunker, cash may still be available.

September 09, 2009 By: LemonLaw Category: Craig Thor Kimmel, Magnuson Moss, TV interview, cash for clunkers No Comments →

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.

Popularity: 8% [?]

Lemon Law Refunds & Repurchases Are In Bloom This June.

July 05, 2009 By: LemonLaw Category: Audi, Car Lemon Law, Chrysler, Defective Car, General Motors, Honda, Magnuson Moss, Maryland Lemon Law, Massachusetts Lemon Law, Mazda, New Jersey Lemon Law, New York Lemon Law, Nissan, Ohio Lemon Law, Pennsylvania Lemon Law, Subaru, Suzuki, bmw, cadillac, chevrolet, gmc, jeep, jeep wrangler, kia, lexus, pontiac, saturn, volvo No Comments →

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. 

Popularity: 27% [?]

Are Used Cars Covered Under The Lemon Law?

July 03, 2009 By: LemonLaw Category: Magnuson Moss, used cars No Comments →

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.

Popularity: 9% [?]

Lemon Law 101 – A Summer School Refresher

June 16, 2009 By: LemonLaw Category: Car Lemon Law, Delaware Lemon Law, Magnuson Moss, Maryland Lemon Law, Massachusetts Lemon Law, New Jersey Lemon Law, New York Lemon Law, Ohio Lemon Law, PA Lemon Law, Pennsylvania Lemon Law, motorcycle lemon law No Comments →

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 LawSecond 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.

Popularity: 11% [?]

Drip Drip Drip…Leak Leaving You Wet?

January 07, 2009 By: LemonLaw Category: Car Lemon Law, Defective Car, GM, Lemon Law, Magnuson Moss, acadia, jeep, jeep commander, outlook, saturn, water leak 26 Comments →

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.

Popularity: 29% [?]

Recent Repurchases & Refunds

October 15, 2008 By: LemonLaw Category: Audi, Bob Silverman, Car Lemon Law, Chrysler, Craig Thor Kimmel, Delaware Lemon Law, Ford, General Motors, Honda, Kimmel and Silverman, Lemon Law, Magnuson Moss, Massachusetts Lemon Law, Mazda, New Jersey Lemon Law, Nissan, Ohio Lemon Law, PA Lemon Law, Pennsylvania Lemon Law, Subaru, Suzuki, Toyota, Vermont Lemon Law, cadillac, chevrolet, consumer rights, dodge, extended warranty, hummer, hyundai, jeep, jeep commander, kia, land rover, lemon buybacks, lexus, saab, saturn, scion, volvo 3 Comments →

When Bob Silverman & Craig Kimmel formed Kimmel & Silverman eighteen years ago, they had one goal in mind–to equal the playing field between the consumer and the billion-dollar automotive manufacturer, using State & Federal Laws that many consumers were not aware of.  Best of all, the legal help under these laws is completely FREE to the consumer. 

For the life of us, we cannot understand why consumers still insist on trying to do this by themselves, when you can have access to an experienced attorney who has worked on thousands of lemon law and breach of warranty claims (not only that, but we have three ASE-certified mechanics on staff to inspect our clients’ vehicles and research their issues.)  The other day, a gentleman called with a real problem–he was two years into a four-year lease and he was experiencing many problems with his power-train.  Being that he thought he had a “slam dunk” case, he decided to represent himself through the NJ Lemon Law unit.  He couldn’t get a mechanic to testify on his behalf. The manufacturer hired attorneys to oppose his claim.  He ended being offered a very minimal settlement which only covered a few lease payments.  He now has decided to buy himself out of his lease, which means he is going to take a huge financial hit.  This is all because he thought he could handle this on his own.  We have seen many other claims where the consumer was promised a new car, only it turned out to be a trade and the consumer found themselves stuck in a terrible situation.  If you are not a doctor, can you diagnose someone with a chest pain? If you are not a contractor, can you build a house and ensure it’s going to last the test of time?  The legal help is free, the participation is minimal.  You can keep driving your car throughout the entire process….if you don’t take advantage of what the Law provides, then you are partly to blame for whatever happens.

We know that It sounds too good to be true, but we can assure you it is for real. You can read the many consumer stories we have in our on-line newsroom, or just take a look at some of our recent victories from the last quarter. The following are some of the repurchases we have successfully obtained in the last four months.  These clients received all taxes, tags, finance charges, monthly payments and value on their trade-ins, minus a very small mileage offset normally based on the mileage when they first brought the car to the authorized manufacturers dealership for service.  And how much did they pay for legal fees?  if you answered “nothing,” you get a gold star!

  • 2007 Nissan Quest — repurchase under MA Lemon Law
  • 2008 Nissan XTerra — repurchase under PA Lemon Law
  • 2007 Nissan Quest — repurchase under NJ Lemon Law
  • 2005 Nissan Murano — repurchase under PA Lemon Law (client had 26,800 miles when he called us.)
  • 2005 Nissan Altima — repurchase under PA Lemon Law (client had 30,126 miles when he called us.)
  • 2007 Chevrolet Silverado — Two repurchases in last four months under PA Lemon Law
  • 2008 Chevrolet Colorado — repurchase under PA Lemon Law
  • 2008 Chevrolet HHR — repurchase under NJ Lemon Law (settled in 28 days)
  • 2007 Chevrolet Trailblazer — repurchase under PA Lemon Law (settled in 19 days)
  • 2008 Chevrolet Cobalt — repurchase under NJ Lemon Law
  • 2007 GMC Sierra — repurchase under NJ Lemon Law
  • 2007 GMC Yukon — repurchase under PA Lemon Law (settled in 20 days)
  • 2008 GMC Arcadia — repurchase under NJ Lemon Law (settled in 27 days)
  • 2007 GMC Arcadia — repurchase under DE Lemon Law
  • 2008 GMC Envoy — repurchase under OH Lemon Law (settled in 19 days)
  • 2008 GMC Yukon — repurchase under OH Lemon Law
  • 2006 Cadillac CTS — repurchase under PA Lemon Law
  • 2007 Cadillac SRX — repurchase under MA Lemon Law
  • 2006 Cadillac XLRV — repurchase under MA Lemon Law
  • 2008 Cadillac CTS — repurchase under NJ Lemon Law
  • 2008 Saturn Vue — repurchase under PA Lemon Law (settled in 12 days)
  • 2008 Saturn ION — repurchase under PA Lemon Law
  • 2007 Saturn ION — repurchase under PA Lemon Law
  • 2008 Hummer H3 — repurchase under NJ Lemon Law
  • 2006 Suzuki Forenza — repurchase under VT Lemon Law
  • 2008 Audi A4 — repurchase under NH Lemon Law
  • 2006 Hyundai Elantra — repurchase under PA Lemon Law
  • 2007 Dodge Ram — Two repurchases under PA Lemon Law
  • 2007 Dodge Ram — Two repurchases under VT Lemon Law
  • 2008 Dodge Ram – repurchase under PA Lemon Law
  • 2007 Dodge Caliber — repurchase under PA Lemon Law
  • 2008 Dodge Caliber –repurchase under PA Lemon Law
  • 2008 Dodge Grand Caravan — repurchase under NJ Lemon Law
  • 2008 Chrysler Sebring Convertible — repurchase under OH Lemon Law
  • 2008 Chrysler Sebring Convertible — repurchase under PA Lemon Law
  • 2007 Chrysler Town & Country — repurchase under PA Lemon Law
  • 2008 Jeep Patriot — repurchase under PA Lemon Law
  • 2006 Jeep Wrangler — repurchase under OH Lemon Law
  • 2007 Jeep Commander — repurchase under OH Lemon Law
  • 2007 Jeep Wrangler — repurchase under NJ Lemon Law
  • 2006 Toyota Scion — repurchase under PA Lemon Law
  • 2007 Toyota Solara –repurchase under PA Lemon Law
  • 2008 Toyota Corolla — repurchase under PA Lemon Law
  • 2008 Lexus LS460 — repurchase under NJ Lemon Law
  • 2007 Lexus ES350 –repurchase under PA Lemon Law
  • 2006 Lexus LX470 — repurchase under NJ Lemon Law
  • 2007 Lexus GS300 — repurchase under PA Lemon Law
  • 2008 Lexus GS400 — repurchase under OH Lemon Law
  • 2005 Ford Mustang — repurchase under PA Lemon Law

Now, remember this is a legal process, so we can’t guarantee that you will receive a repurchase if you open a claim with us, but it could be possible.

Under the Laws we work with, a repurchase is the maximum remedy a consumer can receive.  Repurchases are reserved where the consumer has suffered a significant non-conformity which has affected the use, value and safety of the vehicle, and the problem has reoccurred repeatedly.  Another possible remedy under the Lemon Law is a new car. This known as an MSRP to MSRP swap, which is essentially a trade without the depreciation you would normally suffer.  As you know, the minute you drive a car off the lot, the value of the car depreciates significantly.  If you receive a swap, we take the MSRP from the sticker price of your car and apply it to the MSRP of a brand new car.  So, essentially you are getting a brand new car with the same features, and you have the same amount of equity in the new car as you did in the old car. The depreciation you would normally deal with does not apply.

There is also a third remedy under the State Lemon Laws and most commonly under the Federal Magnuson Moss Warranty Act–significant monetary compensation to reflect the diminished value of the vehicle for the problems you have incurred. This could apply if it is fixed after three repairs; if the problem is not threatening the overall use, value, or safety f the vehicle (i.e. radio);  it falls outside the lemon law mileage provisions; or if you purchased the car used but it still has a manufacturers warranty.  If you receive money, it is non-taxable and YOU GET TO KEEP YOUR CAR and your car is not branded in any way, shape or form.  Plus, your warranty remains completely in effect, so the manufacturer  is  still obligated to fix the car if problems persist, and you do not need to disclose that you received this money at time of trade or sale.  You may do whatever you want with the money.  You may have previously read in our blog about the Volvo SUV owner who received $7,000 after he heard Communications Director Michael Sacks on the radio. Here are some other folks who received monetary awards in the last four months(All of these folks kept their vehicles and had their attorney fees paid sepearately by the manufacturer):

  • 2008 Volvo C70 — problems with convertible top, fixed after 4th attempt. Client received $10,000.
  • 2008 Ford Ranger — client received $5,000.
  • 2007 Ford Expedition — client received $6,000.
  • 2005 Ford F350 — client received $7,000.
  • 2007 Ford Expedition – client received $4,000.
  • 2008 Toyota Rav 4 — client received $5,500.
  • 2009 Dodge Journey purchased in another state but registered in PA — client received $6,750.
  • 2006 Dodge Caravan –client received $5,250.
  • 2007 Jeep Liberty — client received $5,000.
  • 2006 Chrysler Town & Country with 32,000 miles — client received $3,250.
  • 2006 Subaru Forrester with 61,000 miles — client received $4,000 (settled in 60 days).
  • 2008 Land Rover LR 3 with 25,000 miles — client received $4,250.
  • 2008 Saab 9-7 with 37,000 miles — client received $5,500.
  • 2005 Saab 9-3 with 40,000 miles and the lease almost completed — client received $3,000.
  • 2005 Mazda 3 with 50,536 miles — client received $4,000.
  • 2006 Mazda 6 purchased used — client received $4,000.
  • 2006 Mazda MPV — client received $4,500 (settled in 30 days).
  • 2007 Mazda CX9 –client received $5,000 (settled in 45 days).
  • 2006 Honda Civic with 32,700 miles, problems fell outside of lemon law — client received $3,500.
  • 2005 Chevrolet Tahoe with problem starting at 29,000 miles and lease up – client received $4,000.
  • 2005 Chevrolet Impala with problem starting at 25,000 miles — client received $3,000.
  • 2004 BMW 7-series certified pre-owned with 56,600 miles — client received $2,500.
  • 2004 BMW 5-series with problem starting at 52,000 miles & extended wty – client received $3,000.

And this is just a sampling of the work we have done in the last four months.  Think you have a lemon?    E-mail us you question or call us at 1-800 LEMON LAW (1-800-536-6652) and we will be happy to go over your situation and whether we can help.

Popularity: 67% [?]