Lemon Law Blog

Hey Ohio Drivers:  Do you have a question about your lemon law and consumer rights?  Join 1-800 LEMON LAW Communications Director Michael Sacks live on the AutoSmarts4U radio show, Saturday May 15th 1-3pm on News Talk 610 WTVN and call in  live at 614-821-WTVN (9886).  We’ll be answering all your questions on State and Federal Laws, car buying, recalls and more. And click here to check out Michael’s appearance this morning on Fox 28’s “Good Day Columbus.”

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The Car Allowance Rebate System (aka Cash for Clunkers) has ceased, but that does not mean you cannot get cash if your car is a clunker. 

We repeatedly discuss the Magnuson Moss Warranty Act, which provides distressed drivers with monetary damages if their car, truck or motorcycle has been back in the shop repeatedly for the same repairs, but does not fall under Lemon Law parameters.   Lemon Law Lawyer Craig Thor Kimmel recently joined Ukee Washington on Eyewitness News This Morning on the CW Philly to discuss the Magnuson Moss Law and how it works.

Under the Federal law, which provides protection for any consumer who purchases a product over $25, a consumer can receive monetary damages from the manufacturer to reflect the diminished value of the product as a result of the repeated problems.  At Kimmel & Silverman, we have used this Law to help folks with faulty vehicles, motorcycles, ATVS, computers and appliances. 

The best part for drivers who use this law is that they are entitled to monetary compensation even if the vehicle is finally fixed after repeated attempts. You receive money PLUS you get to keep your car.  In addition, the car is not branded in any way on carfax, the warranty remains completely in effect, and you do not need to disclose that you received this money at the time of sale or trade.  Also, just like the Lemon Law, legal help is 100% cost-free.

Here are some recent Magnsuon Moss victories.  (Of course, each case is different and we cannot guarantee that you would be entitled to the same compensation). 

2004 Mazda RX8: currently has over 57,000 miles
Engine flooded—replaced numerous components , including cat converter
Consumer received $6,000

2007 Suzuki SX4: currently has 60,000 miles
Defective engine block at 42,000 miles, out of service 2 months
Consumer received $4,500

2004 Volvo C70: currently has 37,000 miles
Car would not start x3
Consumer received $3,000

2007 Saturn Ion: currently has 43,000 miles
Loss of power starting at 15,000 miles—replaced wiring harness
Consumer received $3,000

2008 Cadillac Escalade: currently has 23,000 miles
Purchased used, replaced trailer hitch cover x3, stalling x2
Consumer received $4,000

2007 Subaru Impreza: Currently has 21,000 miles
Problem occurred right outside of Lemon Law
Check engine light x3—replaced left side cylinder & short block, out of service 46 days
Consumer received $7,500

2007 Hummer H3: currently has 23,000 miles
Car leased; Door lock & window malfunctions x6
Consumer received $3,000

2005 Jeep Grand Cherokee Laredo: currently has 60,000 miles
Purchased used; check engine light x4 under warranty
Consumer received $2,750

2004 Cadillac SRX: currently has 43,000 miles
Purchased used; engine replaced plus power steering leak x3
Consumer received $6,000

2005 GMC Sierra:  currently has 38,000 miles
Check engine light starting at 18,000 miles—eventually replaced turbo
Consumer received $4,000

If your car is still under an original or extended manufacturers warranty, and you have been in the shop three or more times for the same problem, please drop us a line to see if you are entitled to remedy under the Magnuson Moss Warranty Act.

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Thanks to the cash for clunkers program, more than 700,000 gas guzzlers are now off the road, replaced by more fuel-efficient vehicles.  It is a tremendous accomplishment and no doubt consumers and car dealers alike really profited off the program.

While the program officially came to a close Monday night, there are still car buyers out there waiting to hear if their rebate will go through.  Some have been told they will find out in a couple of weeks. As we discussed previously in the lemon law blog, there was quite a bit of fine print associated with this promotion and it is the dealer’s responsibility to ensure that the consumer qualifies for the rebate.  After all, if the dealer doesn’t do their job verifying everything prior to the transaction, they are the ones left stranded if the rebate never comes, right?

The answer seems to be affirmative, but one dealer in Philadelphia decided to test that theory.  After they completed the sale, and trashed the trade, the dealer found out that the insurance on this car had lapsed for two weeks during the last year of ownership.  That means they would not receive their rebate and that left them raving mad. They went back to the buyer, a second-year medical student, to try and recoup their $3,500.  And when we say try and recoup, we mean demand and threaten. 

So, who won and who was right?  For the answer, take at look at KYW TV Consumer Reporter Jim Donovan’s piece (featuring Kimmel & Silverman’s Founding Partner Craig Thor Kimmel) by clicking here.

If you find yourself in a position where you have already turned in your clunker and the dealer is demanding more cash, please contact us.

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Looking for useful, informative, entertaining news segments on your lemon law and consumer rights?  Have you checked out our you tube channel?  The 1-800 LEMON LAW channel  (www.youtube.com/1800lemonlaw) provides all sorts of interesting interviews from our staff.  Learn everything you need to know when it comes to buying a car or fighting for your rights.  Visit us today, and by all means, if you have any questions about the programs you view, drop us a line or give us a call at 1-800 LEMON LAW (1-800-536-6652).

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As we previously mentioned, the New Jersey Lemon Law may be expanded to include additional protection for distressed drivers.  The NJ Lemon Law currently protects consumers who suffer a problem that occurs in the first 18,000 miles or 24 months, whichever comes first, and continues to occur three or more times despite repair attempts from an authorized manufacturers dealership.   Assembly Bill 1954, sponsored by Assemblywoman Mila M. Jasey, looks to expand the lemon law parameters to include problems that occur in the first 24,000 miles or 24 months.  Furthermore, consumers who suffer a serious defect which is likely to cause death or serious bodily injury if the vehicle is driven would be able to file a lemon law claim if the problem cannot be fixed after one repair attempt.  We have seen similar provisions in other State Lemon Laws, including Ohio.

1-800 LEMON LAW Communications Director Michael Sacks discusses this Bill and all of its benefits, plus provides an update on the Chrysler and GM restructuring, all this weekend on News 12 New Jersey’s “In Your Corner with Walt Kane.” If you live in Central or North Jersey, check your local listings for show dates and times.

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Many distressed drivers throughout New Jersey are not aware they are entitled to free legal representation if their car is defective. Consumer rights under the New Jersey Lemon Law and Federal Magnuson Moss Warranty Act will be discussed on “Eye On Ocean County.”  The program will air on Comcast throughout Ocean County, New Jersey Wednesday, July 8 at 9pm on Channel 19.

Guests will include NJ Lemon Law Attorney Amy Bennecoff and Automotive Consumer Advocate Michael Sacks from the law firm of Kimmel and Silverman.  Topics discussed include rights and remedies under the New Jersey Lemon Law; car-buying tips to ensure that your dream car does not turn into a nightmare; and an update on how lemon law and breach of warranty claims for Jeep, Dodge and Chrysler drivers will be handled once Fiat takes over ownership of Chrysler.

The New Jersey Lemon Law is the second most effective lemon law in the Nation, according to the Center for Auto Safety.  The Law covers vehicles with a significant defect within the first 24 months or 18,000 miles that can’t be repaired despite a reasonable number of repair attempts, normally three.  The Law also covers vehicles that are in the shop for repair 20 days in the first years and those days do not have to be consecutive. Remedies under the NJ Lemon Law could include a new car or full or partial refund. In addition, there are other remedies available for vehicles that may not fall under the Lemon Law mileage provisions but are still under manufacturers warranty.

We hope Ocean County viewers will join us July 8 at 9pm on Channel 19.

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