Lemon Law Blog

From “All That & More” on NBC10 in Philadelphia (7/14): Councilman Darrell Clarke has listened to his fair share of stories from constituents telling him about how they’ve been duped by used car dealers.

“One lady in particular, she came in, she clearly had her paperwork, the vehicle was clearly damaged, but it was sold to her and she had no recourse,” says Clarke.

Councilman Clarke wanted to change that. We found out that we locally could impact the law that would allow a person to have some recourse if they bought a used vehicle that had structural damage,” says Clarke.

And so Philadelphia’s first used car lemon law was born!

Under the new law Philadelphia used car buyers get the opportunity to have the car inspected by a mechanic within 72 hours of purchase.

If a major problem is found, the buyer can either return it for repair or get a full refund.

Craig Kimmel is a lemon law attorney.

He says the new law is very much needed because consumers make a lot of mistakes when buying used cars.

Like, buying without a manufacturer’s warranty.

Kimmel says, “Dealers specialize in re-conditioning vehicles to look as good as they possibly can when you see them. If you don’t know how a car works and you’re not able to inspect it as a mechanic, the chances are that you’re gambling if you buy a car without a warranty.”

In some cases, Kimmel says people make the mistake of buying a car without asking questions about the car’s accident history.

“Accident history is very important because how a car is put back together not only determines how it performs but also determines whether or not certain problems that may arise later are going to be covered by the warranty,” says Kimmel.

It is important to always run a vehicle history report, and if you don’t understand the report, ask questions!

Kimmel says that’s one of the mistakes people make, they don’t bring the car to an outside mechanic to look it over before they buy.

“They’ll test drive the car, check for fluids they’ll make sure the fluids are the right colors so they don’t show signs of contamination or further engine problems,” says Kimmel.

Kimmel continues, “They’ll give you an idea of what your expecting in the future with this car the same way a home inspector would tell you if the new house you’re buying needs a new roof.”

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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

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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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While Pennsylvania has always had a lemon law for new cars, Philadelphia has now instituted a lemon law for used cars sold in the city. Mayor Nutter has signed Phladelphia’s first Used Car Lemon Law Bill, sponsored by Councilman Darrell L. Clarke.  The Used Car Lemon Law ensures that purchasers of used cars in Philadelphia have the opportunity to have the car inspected by a licensed mechanic with 72 hours of purchase.  If a major structural defect is found, the consumer has the right to have to return the car for repair or a full refund.

Here are the details:

**A purchaser of a used car may return their vehicle within 72 hours after purchase if it is unable to pass safety or emissions inspections or found by a certified inspection mechanic to have an undisclosed major structural defect (The mechanic MUST put his findings in writing.)

**Upon return of the car, the dealer has 10 days to either fix the car, entirely at their own expense, or refund the consumer’s money.

**Dealer must also provide a copy of any written warranty to the purchaser within 15 days of payment for the warranty, and shall perform all repairs covered under the warranty promptly. At the time of purchase, the delaer MUST disclose in lareg capital letters whether the warranty is provided by the dealer, the manufacturer or a third-party warranty.

**If you purchased a used car and feel the dealer is not upholding their responsibilities, contact the Philadelphia Office of Consumer Affairs at 215-686-7598. They will take complaints and determine their merit.  Repeat offenders face possible suspension or revocation of their Automotbile Sales License and/or Business Privilege License.

Kudos to Mayor Nutter, Councilman Clark and Lance Haver at the Consumer Affairs Office for making this happen.

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CBS3 Consumer Reporter Jim Donovan reported today on the 2008 Car Complaint Index.  You can catch his very informative report, featuring lemon law lawyer Craig Kimmel, by clicking here.

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6ABC consumer reporter Nydia Han put together a fantastic piece last night on buying a used car.  With gas prices soaring, people are looking at saving money by buying pre-owned, but you need to do your homework to make sure your dream car wasn’t previously someone else’s nightmare.  In the story, Nydia mentioned several great resources on lemon law.com, including our Lemon Dodger worksheet, which provides a list of questions you need to ask prior to purchase. Check out the story by clicking here .

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