Lemon Law Blog

On Your Side: Car Issues by Jim Donovan

PHILADELPHIA (CBS 3) ― Are you having mechanical problems with your car? While state lemon laws can help, some Federal laws are designed to protect you too. In fact the Magnuson-Moss Act may be your best bet.

Jan Jeffries bought a certified pre-owned Jaguar about a year ago. Almost immediately he had problems. The anti-lock brakes were malfunctioning and needed repeated repairs. While Jan’s mechanical problems weren’t covered by state lemon law, he was entitled to compensation under the Federal Magnuson-Moss act.

“If the vehicle is under warranty and you’ve had problems with it, subject to repair, and it has not been resolved, you have federal, Manguson-Moss warranty rights.” says attorney Craig Kimmel. The Magnuson-Moss Act applies to vehicles under their original or extended manufacturers warranty, and the car must be in the shop for 3 or more times for the same problem. Kimmel says, “We’re talking brakes, transmission, suspension, head lights, water leak, paint defect, any of these problems and more, those issues the consumer should step up and force the manufacturer to comply with the warranty and if they can’t, call a lawyer.”

That’s what Jan Jeffries did. He says, “I got $6,000 from Jaguar as compensation for what would ultimately be reduced value of the vehicle.”

The Magnuson-Moss Warranty Act

The Magnuson-Moss Warranty Act is a Federal Law that protects the buyer of any product which costs more than $25 and comes with an express written warranty. This law applies to any product that you buy that does not perform as it should.

Your car is a major investment, rationalized by the peace of mind that flows from its expected dependability and safety. Accordingly, you are entitled to expect an automobile properly constructed and regulated to provide reasonably safe, trouble-free, and dependable transportation - regardless of the exact make and model you bought. Unfortunately, sometimes these principles do not hold true and defects arise in automobiles. Although one defect is not actionable, repeated defects are as there exists a generally accepted rule that unsuccessful repair efforts render the warrantor liable. Simply put, there comes a time when “enough is enough” - when after having to take your car into the shop for repairs an inordinate number of times and experiencing all of the attendant inconvenience, you are entitled to say, ‘That’s all,’ and revoke, notwithstanding the seller’s repeated good faith efforts to fix the car. The rationale behind these basic principles is clear: once your faith in the vehicle is shaken, the vehicle loses its real value to you and becomes an instrument whose integrity is impaired and whose operation is fraught with apprehension. The question thus becomes when is “enough”?

As you know, enough is never enough from your warrantor’s point of view and you should simply continue to have your defective vehicle repaired - time and time again. However, you are not required to allow a warrantor to tinker with your vehicle indefinitely in the hope that it may eventually be fixed. Rather, you are entitled to expect your vehicle to be repaired within a reasonable opportunity. To this end, both the federal Moss Warranty Act, and the various state “lemon laws,” require repairs to your vehicle be performed within a reasonable opportunity.

Under the Magnuson-Moss Warranty Act, a warrantor should perform adequate repairs in at least two, and possibly three, attempts to correct a particular defect. Further, the Magnuson-Moss Warranty Act’s reasonableness requirement applies to your vehicle as a whole rather than to each individual defect that arises. Although most of the Lemon Laws vary from state to state, each individual law usually require a warrantor to cure a specific defect within four to five attempts or the automobile as a whole within thirty days. If the warrantor fails to meet this obligation, most of the lemon laws provide for a full refund or new replacement vehicle. Further, this reasonable number of attempts/reasonable opportunity standard, whether it be that of the Magnuson-Moss Warranty Act or that of the Lemon Laws, is akin to strict liability - once this threshold has been met, the continued existence of a defect is irrelevant and you are still entitled to relief.

One of the most important parts of the Magnuson-Moss Warranty Act is its fee shifting provision. This provision provides that you may recover the attorney fees incurred in the prosecution of your case if you are successful - independent of how much you actually win. That rational behind this fee shifting provision is to twofold: (1) to ensure you will be able to vindicate your rights without having to expend large sums on attorney’s fees and (2) because automobile manufacturers are able to write off all expenses of defense as a legitimate business expense, whereas you, the average consumer, obviously does not have that kind of economic staying power. Most of the Lemon Laws contain similar fee shifting provisions.

You may also derive additional warranty rights from the Uniform Commercial Code; however, the Code does not allow you in most states to recover your attorney fees and is also not as consumer friendly as the Magnuson-Moss Warranty Act or the various state lemon laws.

RELATED LINKS:

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At 1-800-LEMON LAW, we receive countless calls from folks who purchased a used car and ended up being taken for a ride. Sometimes the car has a salvage title, or it will not pass inspection, or it just falls apart. Many times, these distressed drivers have little or no protection under the State and Federal Laws we work with. Now, Mayor Nutter’s consumer advocate Lance Haver is working hard to change that in Philadelphia.

This past Monday, The Philadelphia City Council has approved a lemon law bill for used cars, and if that bill becomes law, drivers will have 72 hours to get their car checked out by a mechanic following the purchase. If the car is not drivable, the dealer will either have to fix the problem or allow the consumer to return the car for a full refund.

This is a bill whose time has come, according to Kimmel & Silverman Founding Attorney Craig Thor Kimmel. “In Philadelphia, used car sales occur with greater frequency than in less populated areas for the simple fact that insurance on a used car in the city is cheaper than insurance on a new car. Often people who buy used must rely entirely on what they are told from their salesperson, as there is little or no warranty remaining. In the case of new cars, repairs are covered under warranty for free but sadly, that is not often the case for used cars. Avoiding an unreliable car and its high repair bills is critical. This type of consumer protection would certainly be welcomed.”

As you know, the Pennsylvania Lemon Law currently does not apply to used cars. However, if you are under a manufacturer’s warranty and you have been back three or more times, you could be entitled to monetary damages under a Federal law known as the Magnuson Moss Warranty Act. Like the Lemon Law, representation under this Law is completely cost-free. For more information, call us at 1-800 LEMON LAW or visit www.lemonlaw.com.

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Certainly, we have all heard of the lemon law at one time or another.  Every State has one and they are designed to protect car owners when their ride turns sour.  But, what if you fall outside the lemon law provisions?  Perhaps, you live in Pennsylvania, and your problem occurred at 13,000 miles, rather than 12,000? Or you have a used car with a manufacturers warranty and the check engine light just will not go off?  Is the manufacturer off the hook?  Is the consumer out of luck?  The answer is no.

There’s a little known Federal law called the Magnuson Moss Warranty Act, that’s not discussed by car dealerships when you purchase your car.  It’s a statute that is not heavily promoted or publicized but it applies to cars, or any products that cost over $25 and are covered by a manufacturers warranty.  What is says is that if you find that you have to get your car repaired three or more times for the same thing, it means that the warranty has not proven to efficient or very effective. 

And for that reason, you could be entitled to monies that reflect the diminished value of the car as a result of the problem. So, that darn window motor that’s been replaced, the air conditioner that hasn’t been blowing cool air,  the water leak in the trunk that was finally fixed after four tries, or that nav system that’s gone through quite a few upgrades could mean thousands in your pocket PLUS**You get to keep your car**Your warranty remains completely in effect and they still have to fix your car. **Your car is not branded in any way (like the lemon law)**You do not disclose that you received this money when selling or trading your car.  **Like the Lemon Law, the Magnuson Moss provides a provision which entitles consumers to completely free legal help, so they are on equal footing with the manufacturers. And unlike the lemon law, this law can apply to used cars.

You read this right–This is free money and it applies to any car or truck which is still under an original or extended manufacturers warranty. If you think you may be entitled to money under the Magnuson Moss Warranty Act, click here and we will be glad to contact you to further discuss your claim.  

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Happy new year–we hope you enjoyed a happy holiday with family and friends. 

2008 will soon be upon us and as folks reneter reality after their holiday break, their cars will no doubt provide a source of anger and frustration.  Do you know that if the same problem occurs three or more times under manufacturers warranty,  you could be at least be entitled to monetary damages and possibly a complete refund or buyback?  (In some states, such as Maryland and Delaware, you will need four occurrences.) 

The fact of the matter is that many distressed drivers are letting thousands of dollars slip between their fingers because they are not properly informed.  While folks are familiar with the “Lemon Law” per se, there are other laws out there as well, including the Federal Magnuson Moss Warranty Act.  In addition, many times consumers turn to the dealership for information on their consumer rights.  That’s kind of like asking the man who sold you the chainsaw what to do after you accidentally cut your thumb.  They are not attorneys and have no real clue about your rights.  If you are lucky, they will refer you to our Lemon Law Firm such as ours.  If not, they could see dollar signs and persuade you to trade your lemon in for a new car, increasing their profit margin and your negative equity.  Remember, the only person interested in helping you is YOU!  You need to be informed about your rights.

Now, they say that imitation is the sincerest form of flattery and since we opened as one of the first lemon law firms in the Nation back in 1991 (and THE first in Pennsylvania, New Jersey and Delaware), many lawyers have opened their doors offering lemon law assistance.  Firms have taken note of our efforts and in recent months have spent tremendous amounts of money placing internet advertisements. Copy-cat websites are popping up all over. We have seen firms come and go within a few months; while others try to sell their services by making strange claims. One firm actually tries to convince consumers that they can be in closer contact with clients and that as such, it makes up for their inexperience in Lemon Law representation.

When hiring a lemon law attorney, it is very important that you ask questions and not rely solely on self-promoting advertisements and websites. Here are some items you should always consider:

• Experience- Kimmel & Silverman is the Northeast’s Largest Lemon law and Consumer Advocacy Firm, founded in 1991. Each of our 17 attorneys has extensive and daily experience in state Lemon Law and Federal breach of warranty statutes.
• Honors, Awards and Recognition - Our attorneys have been honored as Super Lawyers and Rising Stars in attorney polls conducted by Law & Politics Magazine. We have been named the region’s best Lemon Law Firm in surveys conducted by Philadelphia and SJ Magazine. Our website, LemonLaw.comhas been named one of the best legal websites in the nation by Internet Marketing Attorney Micah Buchdahl. And perhaps, most importantly, Kimmel & Silverman, P.C remains the only firm ever honored by the American Bar Association for our efforts.
• Here are some questions you need to ask a lemon law firm:
  • How long has the lawyer been practicing law?
  • How long has the lawyer practiced Lemon Law?
  • Does the lawyer have a license to practice in the client’s state? (Very important)
  • Has the lawyer received any recognition, honors or awards for work performed in the client’s state?
  • Has a successful verdict the lawyer tried ever been reported in a legal case reporter? If so, identify the case.
  • When was the last time the lawyer received a successful verdict in a Lemon Law case?
  • Can the lawyer provide any references of other clients, attorneys, or judges in the client’s state?
  • If my case cannot be resolved right away, and a lawsuit is necessary, where would it be filed and why?
  • How is the lawyer compensated?
  • Is the client advised in writing at the start of the case what their rights and responsibilities are?
  • Is a mechanical expert utilized by the law firm to help prove the case, and if so, is his/her involvement free to the client? (We have four ASE-certified experts on staff)
  • What does the client need to do to assist the lawyer in a case?
  • Does the lawyer have a physical office within the client’s state?
  • Is a lawyer and/or their staff available to speak with clients on a daily basis?
• Locations - Beware of the fake office!Our lawyers work in each state we practice, and each of our six offices is fully-staffed. Each office is managed by an experienced Lemon Law attorney and has a staff of knowledgeable litigation support personnel. Very few other Lemon Law firms have physical offices in other states, but many of them say they do. Try calling the local phone number or stopping by sometime though, and there is no office and no live body.

  Unfortunately, firms sometimes buy “addresses” to look more established and gain new business. We know of one firm that has no offices in many of the states they claim to practice in. If you see a little asterisk explaining that these are “of counsel” locations, it means they are not directly owned or operated by the law firm. Be as wary of the “of counsel” lawyer as you would be of the “of counsel” surgeon. Limited knowledge and lack of experience is often the hallmark of such arrangements and that could detrimentally affect your case.

  Kimmel & Silverman litigators travel each day to wherever we need to be for our clients’ cases, litigating claims where they are likely to have the greatest return for them.

• Credibility - In many states, lawyers are not permitted to use the terms “expert”, “specialist”, or “premier” in advertising because it gives the public an impression that cannot be verified by objective proof *. Sadly, the rules are not always enforced and some firms use them anyway.Rather than accepting the self-promoting tag lines of a law firm, look around and see what community leaders, legislators and the media say. In our region, the media turns to Kimmel & Silverman for Lemon Law information. Outlets such as The Philadelphia Inquirer, Pittsburgh Post Gazette, Inside Magazine, Boston Globe, Courier Post, Star Ledger, News Journal, Consumer Reports, Kiplingers, Black Enterprise and hundreds more, have interviewed our attorneys and clients for educational consumer features.

  Our attorneys have been interviewed by Good Morning America, The CBS Early Show, Extra, and hundreds of radio and television news and talk programs. Want proof? Visit our online newsroom at www.lemonlaw.com/news.htmland see for yourself that Kimmel & Silverman is the place to turn for news and views consumers can use. In fact, when journalists are faced with their own lemon cars, many have turned to our Firm for help, and they receive it.

• Former Clients - From state senators, to judges, police, media personalities, professional athletes, doctors, religious leaders, fellow lawyers, musicians, union tradesmen, and most importantly, the average person, our clients have come from all parts of society, from diverse economic groups and from all segments of society, and we are proud of it!
• Passion- Kimmel & Silverman is more than just a lemon law firm, we are consumer advocates.

In the Legislature for Better Law:
Kimmel & Silverman was the only outside firm working with the Pennsylvania House of Representatives Consumer Affairs Committee on two critical amendments to the Lemon Law; the first to add leased cars, and the second to both tighten notification for “buyback” cars and penalize violators.

In the Courts to Expand Current Law:
In the last few years alone, we have pushed back the trend of cases favoring business rights over consumer rights. We fought to the Supreme Court of New Jersey against American Honda, which claimed that people who lease cars in New Jersey had no Federal warranty rights. We have been to the Circuit Court of Appeals in Federal Court in cases proving that certain manufacturer-sponsored “informal dispute resolution programs” were not fair to consumers.

We have testified repeatedly and will continue to do so, to promote added protection for motorcycle and Recreational Vehicle owners. Craig Kimmel co-wrote the Nation’s first-ever Computer Lemon Law Bill way back in 1999, and persists in working towards its passage in Pennsylvania and other states.

Our class-action claims have been used to effect substantial changes in production cars suffering from brake, engine and other concerns.

New Jersey Judges recently invited Founding Partner Robert Silverman and several K&S attorneys to train mediators and arbitrators on how to hear Lemon Law cases.

Even our public awareness campaigns and the self titled “Lemon List” of problems cars, has been a positive force in effecting change. In 2002 for example, Mazda revised the design of their MPV minivan and brought it to our attention directly, noting that our publication of the consumer complaints of the prior vehicle was noted by upper levels of the company. Seeking to have us understand that changes were made and consumers were heard, we lauded Mazda for its response to those problems.

Several years ago, we peeled open the lid on secret, but common, dealer financing scams known as “spot delivery”. At information seminars across Pennsylvania and New Jersey, we taught consumers how they can avoid being “taken for a ride” when buying a car. With a team of over fifty attorneys, paralegals, clerks, administrators and experts, we are driven to help consumers.

We hope that this information proves educational and helpful. We thank you for considering Kimmel & Silverman as your Lemon Law attorneys. If you want us on your team, call 1-800-LEMON-LAW or fill out our Get Rid Of Your Lemon form. Your Recovery is Our Success.

We wish you safe driving and all the best for a happy, healthy new year.  

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