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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Lemon Aid
Driving a clunker? There is help.
By Dan Sokil (staff writer)
Norristown Reporter
February 9, 2008
Maybe you’ve heard a catchy tune, or seen a commercial on TV about it. But what exactly are you supposed to do if you find yourself driving a “lemon”? Roy “Duke” Milner of Lansdale knows first-hand the problem that can occur. He was having problems with a 2005 Cadillac XLR. “I purchased this Cadillac, new, and everything was fine with it for not quite a year,” said Milner. “Then all of a sudden the trunk was leaking.”
“I returned it to the dealer at least five times, and it was in the shop for about 45 days total, and they just didn’t seem to be able to fix it,” Milner said.
After explaining his situation to Kimmel & Silverman, who filed a Lemon Law case against the manufacturer, Cadillac quickly reached a settlement with the law firm and Milner was able to purchase a new car.
“It took two weeks at most; I was very satisfied,” said Milner. “I was somewhat apprehensive about this, and didn’t think it would get resolved, but was very pleased that it did.”
Pennsylvania’s Lemon Law, according to Kimmel & Silverman’s website LemonLaw.com, “applies to new cars that suffer a nonconformity; a defect or condition, which substantially impairs the use, value or safety; that cannot be repaired after three attempts by an authorized manufacturer’s dealership.”
However, several requirements must be met first. The defect must have occurred within one year or 12,000 miles of purchasing the car, or the terms of the manufacturer’s warranty, whichever comes first. The defect must substantially impair the use, market value, or safety of the car. It also cannot be the result of an accident, abuse, neglect or alteration of the car by someone other than the authorized dealer.
The manufacturer must also attempt three times to repair the defect, or the car must be out of service for a total of 30 calendar days, before a Lemon Law case may be brought.
However, according to attorney Bob Silverman of Kimmel & Silverman (which runs the website LemonLaw.com), contacting the manufacturer yourself is not as successful as it once was. “Most manufacturers are cutting so many employees these days,” said Silverman, “that we’re hearing from our customers that they’re merely being patronized, and that just makes things worse.
Since Lemon Law firms like Kimmel & Silverman have direct access to manufacturer’s legal departments, he added, cases represented by firms that specialize in Lemon Law cases are often resolved more quickly. That proved to be the case for Mallory Durrick of North Wales, who purchased new Nissan Versa in May 2007. The auto quickly developed a water leak and then a mold problem on the front passenger floor.
“They determined first that there was a leak in the seal of the windshield,” said Durrick, “and fixed it, said they were 100 percent satisfied with the repair.” About a month later, on the way to a regular oil change, Durrick noticed the problem had returned.
“I couldn’t believe it. They kept my car for 32 days,” Durrick said, ultimately finding a leak in an air conditioning line.
“When they ripped up the seats and carpeting, the seats of the car were covered in green and black mold,” said Durrick.
After third-party testing by NAL East Environmental Services of Feasterville confirmed the high levels of mold in her vehicle, Durrick tried to contact the manufacturer through the dealership where she purchased the car.
“Nissan was refusing to help me, but Montgomeryville (where she purchased the car) was great,” said Durrick, who filed a Lemon Law case with Kimmel & Silverman.
They reached an agreement with Nissan to buy back Durrick’s car, and she recently returned it.
“I didn’t find it to be difficult at all,” she said. “Since the Lemon Law protects the consumer, all of the legal costs were paid by the manufacturer.”
That cost protection is the key to protecting consumers, said Silverman. “The reason why (Pennsylvania) decided to make litigation free to consumers,” Silverman said, “is because they realize how important it is to level the playing field, between these big manufacturers and consumers.”
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Looking for a fun way to kick in Fall? Join Kimmel & Silverman for the City of Ambler’s OctoberFest Sunday, September 30 from Noon-5pm on Butler Avenue in Ambler, PA. Food, shopping, and entertainment are all on the agenda. Be sure to stop by our information station, right in front of the Kimmel & Silverman building on 30 E. Butler Avenue for useful lemon law reading materials, lemon yellow frisbees and other fun giveaways. We will also be on hand to answer your questions regarding your rights under the PA Lemon Law and Federal Breach of Warranty Laws. Hope to see you there!
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Ever wonder what happens to lemon cars once they are bought back by the manufacturer? Last Sunday, The New York Times printed an interesting story which should shed some light on this mystery.
ManyPennsylvania consumers are unaware that in 2002, K&S Attorney Craig Thor Kimmel worked with the Pennsyvlania House of Representatives’ Consumer Affairs Committee to ammend the lemon law to include tighter title provisions for used cars. Here’s the press release from our news room:
New Pennsylvania Lemon Law Will Require Dealers, Lessors, and Transferors To Disclose If Used Car Has Lemon History
Harrisburg, PA (December 2,2002) - A new change to the Pennsylvania Lemon Law to help used car consumers takes place today. House Bill 767, a measure to protect used car buyers from purchasing lemon buybacks without full disclosure, was signed by Governor Mark Schweiker in October and goes into effect today. The change marks the second major amendment to the Pennsylvania Lemon Law Statute in the past year; the first being the expansion of the Law to include leased cars. Pennsylvania is the first state to take this type of action.
Until now, if a car was bought back by the manufacturer under the Pennsylvania Lemon Law, the manufacturer must fix the car, and place a sticker on the window notifying the next purchaser of its history. The manufacturer must also provide a 12 month, 12,000 mile warranty for the vehicle at no charge. Representative John R. Evans (R-District 5, Erie and Crawford Counties), the prime sponsor of HB 767, says the Law didn’t do enough to ensure that consumers would actually receive the notice. “What we found as that some dealers would purchase the car from the manufacturer and strip the disclosure and resell the car to an unsuspecting customer.”
With the provisions of HB 767 added, the PA Lemon Law now requires all dealers and other classified sellers, to disclose the “lemon” history of a used car and also to obtain a signature from the buyer or lessee before the sale/lease. “Requiring a written disclosure from each purchaser, lessee and transferee for the life of the vehicle, ensures that all parties know exactly what they are doing before the sale is finalized.” says Evans. Lemon Law Attorney and Automobile Consumer Advocate Craig Thor Kimmel, a legal consultant to the House Consumer Affairs Committee, says the change will provide immediate benefits to used car purchasers. “The amendment clearly spells out the responsibilities of anyone selling a lemon buy-back in Pennsylvania,” says Kimmel, adding, “With used cars purchases on the upswing, the law did not adequately protect consumers. Now the consumer will be told what they are buying before the sale, and dealers and other sellers are held accountable if they don’t do what they are required to.”
If a manufacturer or dealer fails to comply with the disclosure requirements, and/or the consumer is not notified in the way specified, the dealer or seller faces stiff civil penalties of $2,000 per car, and must offer the purchaser or lessee their choice of a refund or a comparable vehicle without charge.
As added protection, the amendment mandates that manufacturers apply for a branded lemon title from PennDOT before the car can be resold, leased or transferred in the Commonwealth of Pennsylvania. The title branding then remains throughout the life of the vehicle and cannot be removed. For more information on consumers’ rights under the Pennsylvania Lemon Law, including cost-free legal representation, consumers can visit Lemon Law or call 1-800-LEMON-LAW (1-800-536-6652).
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