Lemon Law Blog

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!)

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. Motorcycles are covered.  Vehicle must be purchased or leased in Maryland.  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.

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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Lemon Law Attorneys Bob Silverman and Jacqueline Herritt were featured on WYOU TV Interactive News last night, discussing consumers rights under the Pennsylvania Lemon Law and the Federal Magnuson Moss Warranty Act.  The program also offered viewers the chance to call in and discuss their lemon horror stories with Kimmel and Silverman staff members. You can watch the video here.

In the meantime, here is a quick refresher on the PA Lemon Law:

• The first problem must occur in the first 12 months or 12,000 miles, whichever comes first. (If the problem occurs after the first 12 months, the consumer would have a claim under Federal Law.)
• The problem must significantly affect the use, value or safety of the vehicle.
• The problem must occur three times (or more) under the manufacturers warranty.
• OR the car should be in the shop 30 or more days in the first year and they don’t need to be consecutive.
• Maximum remedy under the PA Lemon Law is a new car (MSRP to MSRP swap), or a complete buyback of the car, including finance charges, taxes and tags, minus a small mileage offset based on the mileage when the problem was first reported. 
• A consumer could also receive monetary damages to reflect the diminished value of the car as a result of the problems suffered, plus they get to keep their car.  The car’s warranty remains in effect; the consumer does not need to disclose that they received money at the time of trade or sale; and the car is NOT branded a lemon on carfax or autocheck.
• Motorcycles and used cars are not covered, however if the vehicles are in the shop three or more times under warranty for the same problem, they could qualify for monetary recourse under the Federal Law. 
• Legal help is completely cost-free under both the State and Federal Laws.  If the consumer prevails, the manufacturer must pay all attorney fees and legal costs ON TOP OF what the consumer receives. If a lemon law firm does take your case, they should not charge you if you do not prevail.  Therefore, fighting for your rights under the Lemon Law is cost-free and risk-free.

If you have any additional questions regarding the Pennsylvania Lemon Law, click here.  To read about Lemon Laws in other states, click here.

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This morning, while taping a segment for the CW talk show “Speak Up,” we met up with one of our former clients, John Bryant.  John, an accomplished attorney himself, had endured several significant problems with his Cadillac. The battery kept dying, again and again, and he found himself back at the dealer on five different occasions.  He thought that General Motors would certainly do the right thing and exchange his car with a new one under the Pennsylvania Lemon Law.  When they refused, he upped the ante and told the dealer he would pay them $10,000 and turn in his car in exchange for a new car and he was still getting the run-around.  It was around that time that his daughter got involved.  She had heard about Kimmel & Silverman and she looked up lemon law.com on-line.  Once John contacted us, we started representation and shortly after, John received an MSRP to MSRP swap, exchanging his 2003 Cadillac for a 2008 Cadillac.  He paid NO attorney fees (as you know, if we can help, it is completely free) and only paid $2,400 in mileage and upgrade offset, MUCH LESS than what he offered the dealer.   Needless to say, he was thrilled.

So, what’s the moral of the story?  Dealers can only do so much to help the consumer.  When dealing with a lemon law or breach of warranty issue, the defendant is NOT the dealer; it is the manufacturer. Many a dealer has whispered “1-800-LEMON-LAW’ to their customers over the years.  They do this because they know they have no control, and really want to help.  If you find yourself in a similar situation, don’t bend the dealer’s ear, hoping that he will come to your rescue.  Instead, research your lemon law and breach of warranty rights, make sure you keep all of your repair invoices, and look into hiring a lemon law attorney.  It is cost-free and risk-free.

For those in the Delaware Valley, “Speak Up” will air this Sunday morning at 8am on CW57. In addition to John, the program will feature lemon law attorney Amy Bennecoff and Director of Communications & Automotive Consumer Advocate Michael Sacks.

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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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Lemon Lawyer Craig Thor Kimmel was featured in this Fox Undercover story on Ford F-Trucks catching fire as a result of unsuccessful cruise control recall that wasn’t performed on many vehicles. If this has happened to you, please contact Michael Sacks, Kimmel and Silverman’s Client Services Director, at 800-536-6652 ext. 131 or via e-mail at msacks@lemonlaw.com.

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