Lemon Law Blog

It’s time again for us to provide a roundup of recent refunds, repurchases and replacements.  Under the State Lemon Laws and the Federal Magnuson Moss Warranty Act, all of our clients receive completely cost-free legal help, with the manufacturers covering the legal fees ON TOP OF what our client receives.  We are very proud of our efforts and encourage you to reach out to us at 1-800 LEMON LAW (1-800-536-6652) or via e-mail  if you think your vehicle may qualify for remedy.   Here we go….

2008 Dodge Dakota, Replacement Vehicle  — Newark, DE

2008 Audi A5, $6,500 cash plus client keeps their car — Jenkintown, PA

2009 Chevrolet Impreza, Replacement Vehicle — Telford, PA

2007 Hyundai Santa Fe, $5,000 plus client keeps their car — Cranbury, NJ

2008 Volkswagen Rabbit, Complete Refund — Greenwich, CT

2008 Buell Blast Motorcycle, Replacement Bike — Aberdeen, MD

2009 Infiniti G37, Complete Refund — Randolph, NJ

2007 Cadillac Escalade (70,000 miles), $5,500 cash plus client keeps their car — Bloomfield, NJ

2008 BMW 5-series, Replacement Vehicle — Perrysburg, OH

2008 Chrysler Sebring, Complete Refund –Somerville, MA

2008 Ford Ranger, $8,000 cash plus client keeps their car — Spring Grove, PA

2008 BMW 335i, $18,500 cash plus client keeps car and receives 7 yr/100k extended warranty- West New York, NJ

2008 Ford F250, $5,000 cash plus client keeps their truck — Rome, NY

2009 Honda Accord, Replacement Vehicle — York, PA

2009 Chevrolet Silverado, Replacement Vehicle — New Galihee, PA

2007 Audi Q7, Replacement Vehicle — Middletown, DE

2007 Pontiac G6, Complete Refund — Oceanside, NY

2008 Jeep Patriot, Complete Refund — Uniontown, PA

2005 Land Rover Range Rover, $6,500 cash plus client keeps car — Richboro, PA

2009 Dodge Challenger, Complete Refund — Brick, NJ

2008 Jeep Liberty, Complete Refund — Clarksville, PA

2008 Smart Car Cabriolet, Replacement Vehicle — Findlay, OH

2007 Hyundai Entourage, Complete Refund — Holbrook, NY

2006 Suzuki Forenza, Complete Refund — Elkins Park, PA

2009 Volvo S80, $7,500 cash plus client keeps their car — Frederick, MD

2008 GMC Arcadia, $5,000 cash plus client keeps their car — Boston, MA

2007 Toyota Camry, Complete Refund — Pikesville, MD

2008 BMW 335i, Replacement Vehicle — Old Bridge, NJ

2007 Mercedes Benz ML320, Complete Refund — River Vale, NJ

2009 Mazda 6, $6,500 cash plus client keeps their car — Elizabeth, NJ

2009 Audi A5, Replacement Vehicle — Hamilton, NJ

2008 Jeep Wrangler, Complete Refund  — Pisacataway, NJ

2009 Audi S5,  Replacement Vehicle –Boston, MA

2008 Mazda CX7, $5,000 cash plus client keeps their car — Monroeville, PA

2008 Dodge Ram, Complete Refund –Rural Valley, PA

2007 Moto Guzzi Motorcycle, Complete Refund — Flemington, NJ

2007 Chevrolet Silverado, $6,850 cash plus client keeps their car –Brooklyn, NY

2007 Jeep Compass, Complete Refund — Lancaster, PA

2008 Chevrolet Avalanche, $8,000 cash plus client keeps their SUV — Oliver, PA

2007 Hyundai Veracruz, Replacement Vehicle — Glassboro, NJ

Driving a lemon?  Join the more than 60,000 distressed drivers who have made the call to 1-800 LEMON LAW!

Popularity: 16% [?]

As soon as the weather takes a turn for the better, and motorcyclists “get their motors running,” calls come in to 1-800-LEMON-LAW about defective Harley Davidson, Honda, BMW, Yamaha, and Kawasaki motorcycles…with all the callers asking the same question:  ”Are motorcycles covered under the Lemon Law?”

The answer depends on the state.  Among the states we practice, New Jersey, New York, Ohio, Maryland, Massachusetts, New Hampshire and Connecticut all include motorcycles in their Lemon Law. In all of these states, we can file a Lemon Law claim completely free to the consumer, with the possible outcome being a new bike or refund. In Pennsylvania, we spoke in front of the House of Representatives Consumer Affairs Committee, urging the inclusion of motorcycles, however it has yet to happen.

All is not lost however, in the states we practice that do not offer Lemon Law protection for motorcycles, namely Pennsylvania and Delaware, we use the grandfather of the Lemon Law, the Magnuson Moss Warranty Act to go after the manufacturer for the diminished value of the bike as a result of the defect.  And like the Lemon Law, legal representation is completely cost-free. In the past eighteen years, our firm has successfully handled thousands of motorcycle claims. 

To check if your state offers a Motorcycle Lemon law, click here. For more information regarding lemon law and breach of warranty rights for motorcycle owners, feel free to e-mail us or call us at 1-800 LEMON LAW (1-800-536-6652).

Popularity: 15% [?]

We have a few important recalls to share courtesy of our friends at US Recall News:

Chrysler is recalling 32,865 2008-009 Dodge Ram 2500, 3500 and 3500 cab chassis pickup trucks equipped with Powers & Son Steering Linkage.  There is an issue which could result in loss of steering control and the restricted ability to turn the vehicle. Dealers will inspect and replace the affected parts starting this month. 

The company is also recalling 19,024 2005 Dodge Durango vehicles for problems stemming from a fuel tank valve which may not close at the end of refueling, resulting in fuel possible escaping from the vehicle. Fuel leakage in the presence of an ignition source could result in a fire. Dealers will inspect the fuel tank assembly free of charge.  This recall is expected toe begin next month.

Owners may call Chrysler at 1-800-853-1403 for more information.

In motorcycle news, Yamaha is recalling 9,300 2006-2009 FJR1300 motorcycles because the internal switch wiring could be disconnected, resulting in engine stalling.  Dealers will replace the ignition switch free of charge.  Recalls started last week, however if you have not been contacted, you can call Yamaha at 1-800-962-7926 for more information.

As always, we remind you that if you have an issue which is recalled and then you have to return a couple times after to fix issues caused by the recall, or if you complained about a problem prior and it was finally fixed by the recall, you still have rights under State and Federal Laws.  Feel free to contact us if you have any questions.

Popularity: 11% [?]

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

Popularity: 11% [?]

Strapped for cash?  Who isn’t?  Unemployment is up. News reports continue to flood in about how poor the economy is. As gas prices soar higher, the money in our wallets seems to dwindle. Our homes are not worth what they were and neither are our stock portfolios. So, how would $2,000, $3,000 or even $5000 sound?  In a non-taxable check, and you don’t have to do much to get it.  You may be entitled to a large sum of money and the answer may be right in front of your nose…in your driveway to be exact (and no, we are not talking about selling your car). If you have read it before on the blog, it bears repeating, because consumers who call into the 1 800 LEMON LAW hotline can’t beleive it.  This is a Federal law which applies to every state we work in:  Pennsylvania, New Jersey, Delaware, Maryland, Massachusetts, Ohio, Washington DC, Vermont, Rhode Island and New Hampshire.

It’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), so know one can look up a carfax report and determine that you received this money.
**You do NOT need to  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 also apply to used cars, motorcycles(when state laws do not apply), and some seacraft too (like jet skis and sea doos). You read this right–This is free money and it applies to any car or truck which has repeated problems under an original or extended manufacturers warranty (normally three times in for the same problem) .

If you’d like to see if you are entitled to this money, click here or call us at 1-800 LEMON LAW (1-800-536-6652). Also, this past Spring, CBS3 consumer reporter Jim Donovan put together a great story on this which you can view by clicking here.

Popularity: 12% [?]

We are seeing an increased number of cases pertaining to Yamaha Roadstar motorcycles.

These bikes could have reoccurring problems with the engine management system, which could cause the unit to stall, leak oil, or backfire. Repairs may have included installing an additive to clean varnish and carbon, yet this additive has been ruled by experts as not being effective in a long-term capacity.
 
If you are experiencing any problems with your Yamaha Roadstar, you could be entitled to a full or partial refund under State and/or Federal Laws. Motorcycles are covered under lemon law in New Jersey, Massachusetts, Ohio, and Rhode Island. In other states, consumers can seek free legal relief through the Federal Magnuson Moss Warranty Act.

If you are having any problems with your motorcycle, free free to contact us or call 1-800 LEMON LAW (1-800-536-6652) and we will be glad to discuss the matter with you.

Popularity: 17% [?]