Lemon Law Blog

Every day, we receive many calls to our 1-800-LEMON LAW hotline, and most callers have a common question “Do I have a lemon?” As discussed before, a lemon by definition is a vehicle with a significant non-conformity that affects the use, value or safety of the vehicle, and cannot be repaired within a reasonable number of repair attempts.  Each state’s lemon law provides a different number of repairs required, a different amount of time in which the first repair needed to be performed, and a number of days in which the car is in the shop to be declared a lemon.  In Pennsylvania, for instance, the lemon law says the car has to be in the shop three times, with the first problem occurring in the first 12 months or 12,000 miles whichever comes first, or in for 30 days within the first year. (But, please remember that after the lemon law parameters ran out, you still have rights under Federal Law as long as you are covered under manufacturers warranty.)

Then, we need to look at the defect.  Many folks think that in order for a car to be declared a “lemon,” something needs to go wrong with the engine or transmission, and the car cannot run.  This is untrue.  Here are just some of the problems we have encountered in our caseload, which have resulted in new cars, full or partial refunds for our clients, in addition to standard no start, engine, and transmission problems:

• Faulty Gas Gauges
• Sliding Doors
• Water Leaks/Mold
• Faulty Door Windows & Locks 
• Check Engine Lights
• Brake Problems–constant replacement of rotors, pads etc.
• Pinging Noises/Piston Knock in Engine
• Stalling
• Navigation System Defects
• Faulty Electrical Sensors
• Sunroof Problems
• Steering Fluid Leaks
• Sudden Acceleration/Deceleration
• Constant Replacement of Radio/CD Player
• Oil Consumption
• Convertible tops not retracting
• HVAC problems

The bottom line is as long as the dealer is fixing the problem and billing the repair to your manufacturer’s warranty, it is a defect that could yield compensation.  The important thing is to make sure you keep all of your repair invoices, and if you find yourself in three times, TAKE ACTION either with us or through another avenue.  The Laws are in place to help you; Take advantage of them.

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The Northeast has been hit with some wet, wild weather in the past 48 hours. As a result, our lemon law mailbox  has been “flooded” with questions like this:

“I bought a Chevrolet Aveo about a month and a half ago. Yesterday we had a rain storm and I went out to my car, the entire windshield on the inside was dripping wet…what are my options?”

The day after a storm, many distressed drivers discover leaks in their vehicles. And, if those leaks are not immediately addressed and repaired, your car will soon be a nesting ground for mold and mildew.  So, what should you do if you find puddles on your passenger floor (or elsewhere in the car)?

**Make a service appointment with your dealership immediately. Make sure the service manager understands the severity of the situation.

**Try to track down where the leak or mildew scent is coming from. If you can point your service manager in the right direction, they may be able to fix it immediately. Also, let the service manager know when the scent is the strongest (i.e. when starting up the car, when turning on the heater to high, when turning on the rear defroster, when it rains.) The more information you can provide your service manager, the better!

**Make sure you receive a repair invoice outlining your problem and their solution. Do not let them mail the invoice. Have them print out the invoice when you pick up your car.

**If you still smell the fumes after your service, you need to bring the car back to an authorized dealership for another repair attempt. If you feel your dealership is not handling the problem correctly, take your car to another authorized manufacturers dealership.

**If your car is under manufacturer’s warranty, you should not have to pay any extra monies for treatments or ventilation services. This problem should be covered under both the original and extended manufacturer’s warranties.

**If your car is under manufacturer’s warranty and you have given the manufacturer 3 or more chances to fix the problem, you can assert your rights to cost-free legal representation under State Lemon Laws or Federal Warranty Laws.

Don’t let your manufacturer leave you hanging out to dry. Take action if necessary.

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Spring has sprung and with Spring showers can come water leaks, mold, mildew and other common car concerns. If you reside in Philadelphia, you can catch K&S attorney Lou Dobi on Comcast Newsmakers this week discussing common Spring Car Problems. Lou will be on the CNN Headline News Channel at the following times:

Wednesday5/9/2007 7:25 AM & 3:25 PM
Thursday5/10/2007 6:25 AM & 2:25 PM
Friday5/11/2007 5:25 AM, 1:25 PM & 9:25 PM
Saturday5/12/2007 4:25 AM, 12:25 PM & 8:25 PM
Sunday5/13/2007 3:25 AM & 11:25 AM
Monday5/14/2007 2:25 AM, 10:25 AM & 6:25 PM
Tuesday5/15/2007 9:25 AM & 5:25 PM

And if you think you may have mold in your HVAC system, be sure to visit our website for important tips and information.

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