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 successfully 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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Hey New Jersey drivers:  Has your car been in the shop three times for the same problem under the original or extended manufacturers warranty?  You could be entitled to money back, or possibly a new car under the New Jersey Lemon Law and the Federal Magnuson Moss Warranty Act.  Check out your rights this weekend on News 12 New Jersey’s consumer news program “In Your Corner,” airing all weekend long. (Check News 12.com for times) Automotive Consumer Advocate Michael Sacks, Director of Communications with Kimmel and Silverman, joins Walt Kane to discuss why New Jersey has the second most-effective lemon law in the Country.  If you have a car that’s driving you crazy, drop us a line and we will be happy to determine if you are entitled to recourse.

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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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A law that actually helps consumers AND provides free legal help?  It seems too good to be true, but the State and Federal Laws do provide equal footing between you and the billion-dollar automobile manufacturer.  This provides you the opportunity to have a Lemon Law Attorney who knows and understands the Laws, who has significant experience fighting these types of claims, and who has immediate access to the decision makers and attorneys who represent the manufacturer.  This attorney and their staff can also offer additional support throughout a difficult time, providing answers to your questions and helping you deal with obstacles you are facing (i.e. a mechanic not diagnosing a problem properly or at all, a service manager refusing to give you paperwork, job tickets being left open so it seems like you are in the shop less than you are.)

The most common question we receive at 1-800 LEMON LAW is “How do I know my car is a lemon?” So, today on the lemon law blog, we thought we would provide a rundown of the lemon laws in each of the States we work in….But first, answers to five of the most frequently asked questions:

First, YOU CAN NOT RETURN A CAR IN THE FIRST 72 HOURS. This is a common misconception from the days of door-to-door sales, when folks would ring your doorbell and sell you a vacuum or a set of encyclopedias. Once you sign on the dotted line, the car is yours.  Period. Make sure that the right price is listed on the contract, make sure you can afford the car, make sure it’s the finance rate you agreed to and for goodness sake, NEVER EVER EVER sign a blank contract!

Second, THE DEFENDANT IS NOT THE DEALER.  Yes, we know the dealer is lovely and we know you don’t want to get them in any trouble.  But, they don’t make the car.  They are the middle man and they have nothing to do with filing a lemon law claim. In fact, when filing a claim, we ask clients not to discuss the case with the service manager or threaten the dealer that you are going to file a suit.  We do not want you to create a hostile relationship between you and the dealer.  Also, we are NOT a fan of last chance letters. So, you give the dealer a last chance to fix it…and they don’t.  Then what?  If you don’t have a lawyer to enforce the letter, you are stuck in a catch-22.  Again, the law offers FREE help–Take advantage of it!

Third, EVEN IF YOU FALL OUTSIDE OF THE LEMON LAW, WE STILL MAY BE ABLE TO HELP YOU. Do not be discouraged if you have a used car or a motorcycle or ATV in a state that does not cover them. If your problems are covered under an original or extended manufacturers warranty, you could be entitled to MONETARY COMPENSATION, plus you get to keep your vehicle, your warranty remains in full effect, and the vehicle is NOT branded in any way.

Fourth, EVEN IF YOUR CAR IS FIXED AFTER THE THIRD, FOURTH, OR FIFTH REPAIR, you could still be entitled to compensation.  The fact is that every car comes with a manufacturers warranty and that is to ensure that problems are fixed efficiently and effectively and they have not been.  So, we feel you are entitled to money back, significant money, to reflect the diminished value of the car as a result of your problems. Again, if you receive money, the car is NOT branded and the warranty is fully in effect. Plus, the money is non-taxable.

Fifth, THERE ARE THREE POSSIBLE REMEDIES UNDER THE LAWS WE WORK WITH.  Keep in mind this is a legal process, so there are no guarantees, but here is what we are looking at.  Maximum remedy is a full buyback, including taxes, tags, finance charges, etc minus a small mileage offset as prescribed your state.  You return your car to the dealer and it is branded a lemon.  Second, an MSRP to MSRP swap–MSRP stands for manufacturers suggested retail price–basically, you are getting behind the wheel of a brand new car, with same amount of equity as your old car.  It’s trade without depreciation.  Third, if we can’t get a buyback or a swap, we aim to get you as much money as possible in compensation to reflect the diminished value as a result of the problem incurred. Plus, as mentioned before, you get to keep the car.

OK–on that note, here’s a quick rundown of the laws in our states.  For other states, click here.  Have questions?  E-mail us or call 1-800 LEMON LAW (1-800-536-6652).  Here we go:

Pennsylvania Lemon Law :  First problem must occur in first 12 months or 12,000 miles whichever comes first.  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 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!)

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.

Vermont Lemon Law : First problem must occur three times under warranty period OR in the shop 30 days. Vehciles may be purchased or registered in Vermont.  Motorcycles are not covered under VT Lemon Law  (but they are covered under the Federal Magnuson Moss Warranty Act so we can still help!)

Washington DC Lemon Law : First problem must occur three or more times in the first 2 years or 18,000 miles. Problem must occur 4 or more times under warranty OR be in the shop 30 days in the first two years. Motorcycles are not covered under DC Lemon Law  (but they are covered under the Federal Magnuson Moss Warranty Act so we can still help!)

For more information on your rights, visit lemon law. com or one of our favorite National lemon law websites, Lemon Law America.

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As the comments continue to pour in regarding our entry on paint defects with 2000-2005 Ford vehicles (54 so far, but who’s counting?), we thought now would be a good time to discuss when a paint problem can turn into a lemon law or breach of warranty claim. 

We frequently receive calls from distressed drivers who are quite peeved over their paint.  If the dealer is making any effort to fix the problem, either by buffing, or compounding, or painting certain components, you may have grounds to file a claim. Make sure that you ask for a repair invoice after each visit.  These invoices should outline your complaint and what was done to fix the vehicle.  Depending on the invoices, we may be able to argue that the paint problem has diminished the value of the vehicle and therefore, the consumer is entitled to remedy under State Lemon Law or Federal Warranty Law.

Unfortunately, many folks call to complain of paint chips on their hood.  These chips are often caused by road debris and while it’s extremely frustrating, these repairs are not covered under warranty. However, repairs that may be covered include paint peeling, rust, and blotches or scratches in the finish.

It’s important to ask questions.  If you feel that your paint defect may be affecting the value of the vehicle (and you are still covered under a manufacturers warranty), bring the issue to your service manager. And, if they can’t fix the problem after a couple attempts, you should certainly consult a lemon law attorney.  You can always ask us a question by here.  Remember, never be afraid to fight for your rights!

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GREENSBURG MAN FIGHTS BACK OVER BROKEN MOTORCYCLE

GREENSBURG (KDKA, 7/11/08) ― With gas prices up, motorcycle sales are rising too. Some motorcycles can get fifty, even sixty miles per gallon, but what if you run into trouble? If your motorcycle turns out to be a lemon, the Pennsylvania Lemon Law doesn’t cover motorcycles, so what can you do? Here’s how one Greensburg rider fought back and won.

Brian Markiewicz of Norvelt spent close to $15,000 two years ago for his motorcycle, a brand new Yamaha Roadster, but his problems began the day he bought it.

“On the way home, it would pop back through the carburetor, hesitate and stall,” explained Markiewicz.

Markiewicz says it’s a problem that’s caused him more than a few close calls, but even though he took his bike back to the dealer for repairs at least seven times, nothing was done that fixed the problem with his bike.

Brian Markiewicz found help through Pennsylvania lemon law attorneys, Kimmel and Silverman. Brian learned that even though the state lemon law doesn’t cover motorcycles, there is a federal law that does.

“There is still recourse if you have a motorcycle that’s not working the way it should and it hasn’t been repaired by the manufacturer,” explained Brian’s attorney, Kimmel & Silverman Pittsburgh Managing Attorney Christina Gill Roseman.

It’s the Magnuson Moss Warranty Act, a law that covers not only motorcycles but computers, ATVs, any product that is under warranty, has problems and those problems aren’t fixed in a reasonable period of time. Usually three or more attempts to fix the problem is considered reasonable.

Attorney Christina Gill Roseman took Brian’s case to court. Arbitrators awarded Brian a settlement of $3,644 for diminished value of his motorcycle due to the unfixed problem.

“I keep the bike and I can have it repaired by anybody else or trade the bike or get rid of it or whatever I want to do with it, ” said Markiewicz.

Not only did Brian win a money settlement, he was awarded attorney fees as well. That’s because under the Magnuson Moss Warranty Act, consumers like Brian Markiewicz who fight back and win don’t pay.

“These are fee shifting statutes, “explained Gill Roseman. “That means if the plaintiff is successful, the manufacturer pays the fees and costs associated with their case.”

“So far, ” said Markiewicz, “it hasn’t cost me a penny. I am amazed.”

The moral of this story for consumers is if you have a product under warranty and can’t get satisfaction with repairs, you can take the company to court at a price you can afford. Nothing!

Contact Kimmel & Silverman at 1-800 LEMON LAW (1-800-536-6652) or click here.

To watch the story, click here

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