We get all sorts of consumers who call the 1 800 LEMON LAW hotline for a variety of reasons, but most callers want to discuss a situation and see if they are entitled to remedy under State Lemon Laws or Federal Laws.  In most cases, if a caller realizes that they do have a claim under the Law, they want to open it right away.  However, there are also those who take pause and ask us to wait.  We have no problem with these folks–we understand that people sometimes want to think things over for a day or two–but then there are those folks who ask us to follow up in a couple of months.  And those are the ones who leave us baffled.  Here are some of the reasons folks like to wait:

“The dealership has been so nice to us.”  Of course they have.  After all, they are paid by the manufacturer each and every time you come in for a warranty repair.  Therefore, they love customers who come in repeatedly for the same problem….it could mean continuous money in this bad economy.  As we have said, time and time again in this blog, when it comes to Lemon Law claims and those that fall under the Federal Magnuson Moss Warranty Act, the defendant is the manufacturer, NOT THE DEALER.  Dealers have no obligation or authority to assist you under the Lemon Law; they are only there to fix your problem under manufacturers warranty. You also may risk creating a hostile environment by going into the dealership and threatening a lawsuit. Frankly if you receive a repurchase, the dealer would love nothing more than for you to come in and buy another car from them.  YOU ARE NOT HURTING A DEALER BY FILING A CLAIM.  Heck, we have a number of clients who work at auto dealerships.

“I want to see if this fix holds.”  OK……after four, five, six attempts, are we going to get lucky?  Don’t get us wrong; we hope it works too.  But, what happens if the fix holds until after the warranty expires? We have seen that happen many times.  You may still have a claim but it’s much weaker due to the age and miles on the car.  And, even if the fix does hold, you have been in repeated times for the same problem.  Therefore, you are entitled to compensation based on the diminished value of the car as a result of the problem.  When you purchased this car, you paid a premium for the manufacturers warranty–a guarantee that any problems you have would be fixed efficiently and effectively.  The Law says if  continuous repairs occur, you may be entitled to some of that money back.    You may have missed work, family obligations, social engagements…why are you letting them off the hook?

“I just don’t like to sue.”  You’re not alone.  Most people don’t like to be involved in any sort of lawsuit.  The good news is that a large majority of our claims are settled through pre-litigation, meaning that many of our clients are never truly involved, other than sending in the necessary payment.  The laws provide the fee-shifting provision because you need representation and it would not be fair for you to throw good money after bad to hire a lawyer.  It would put you in a vulnerable position and the manufacturer could drag you through the court process and bankrupt you as a result.  Therefore, this is one Law that actually works in the consumers’ favor, providing the ability to go after the manufacturer with experienced representation and the ammunition needed to win the battle–at no cost and no risk.  Take advantage of this rare opportunity.  It does not come along often.

And finally “I am going to speak to the manufacturer myself.”  There are folks who think they are really smart… they are calling to fish for information and then the manufacturer will be so impressed with their knowledge that they won’t need a lawyer.  We have no problem with people knowing their rights; that’s why we have put together such a comprehensive website at www.lemonlaw.com, but we know for a fact that unrepresented consumers normally receive a heck of a lot less than those who are represented.  They have to pay higher mileage offsets, they agree to much less money than they are entitled to, they unknowingly sign documents which dismiss their claim and they make many uneducated mistakes.  Unfortunately, when that happens, there is nothing anyone can do.  Manufacturers love to take advantage of these people, knowing that there is noone these people can turn to for a second opinion.

So, if you are in three or more times or an extended period of time under the manufacturer’s warranty for the same problem, give us a a call at 1-800 LEMON LAW (1-800-536-6652) and discuss the situation with us.  You may be very surprised and happy to find out the matter can be resolved sooner than you think and most importantly, at no cost to you.

I am sure you have seen the headlines by now; Toyota is facing another nightmare as they announce that they will temporarily suspend the sales of the Lexus GX460 following a safety warning in Consumer Reports magazine.

Consumer Reports has said that the vehicle has an unusually high risk of rollovers during turns,  Toyota says they are determined to identity and fix the issue.   According to the magazine, when pushed to the limits on a test track, the rear of the vehicle slid out until it was almost sideways before the electronic stability control was able to take over. The vehicle, which has only been on the market for three months, costs over $50,000.

Unfortunately, with the problematic economic times we have been dealing with, collection calls are on the rise.  At 1-800 LEMON LAW, we are receiving a number of calls from consumers who are fed up with collection calls they are receiving with regard to delinquent payments on car loans.  Many of these consumers do not actually own the vehicle in question; they were either a co-signer or merely a relative of the owner, even a former spouse or roommate.

If you find that you are receiving harassing phone calls pertaining to an an automotive loan, whether it is yours or someone else’s, contact us.  There are certain laws out there that can help us stop the calls permanently.

More and more consumers are calling into the 1-800 LEMON LAW hotline with a problem that “can not be duplicated” by the service department.  Whether it be braking, a sensor light, an alignment issue or a strange noise in the engine, nothing is more frustrating than having a well-intentioned service adviser tell you that they can’t figure out what you are complaining about.

As we have written about in our blog many times before, the automobile manufacturers have been cutting costs across the board as a result of the troubling economy and the service departments have suffered significantly.  Manufacturers have instructed dealerships that they are only paying a certain amount toward a repair, and if the dealer cannot locate the problem within a certain period of time to send the consumer on their way. You will also notice that many of the top-level service representatives have been laid-off, replaced by those who have less experience, and thus require a lesser salary.  In addition, manufacturers are not producing as many parts as they used to, resulting in various components being on back order for long periods of time.

If you find yourself in a situation like the ones described, that does not mean you should not take action.  It is very important that when you are dealing with the dealer, you do the following:

** Make sure you clearly outline your problem or complaint with the service manager and confirm prior to leaving the dealership that your complaint is clearly written on the repair invoice as described.  Do not hesitate to correct it if it is not.

**Upon return, ask to review what had been done to the car, if anything.  Ask if any parts or components are replaced, and make sure these are listed on the repair invoice.

**If they cannot find the problem, ask to take the service adviser or representative on a test drive to try and duplicate it.  If they cannot go for a test ride then, make sure you schedule the next appointment right then and there.

**If the problem is still present because a part needs to be ordered, make sure that is clearly listed on the repair invoice, as well as an estimated time as to when the dealer expects to receive the component.

**If a sensor light is still on, or there is still a noise because the part has not yet been replaced, and the dealer insists that the vehicle is still okay to drive, make sure they write this on the repair invoice.  UNDER NO CIRCUMSTANCES SHOULD YOU BE DRIVING A CAR WITH A CHECK ENGINE LIGHT ON.

**If they insist they cannot find the problem, take the car to another authorized manufacturer dealership to have a fresh pair of eyes look at the problem. A manufacturers warranty enables a consumer to take their car to ANY authorized manufacturers dealership, regardless of where they purchased the car.

**Finally, please make sure you never leave your repair facility after a repair without an invoice.  These invoices provide much needed information and should be kept in a safe place. Never accept an excuse from the dealer as to why you cannot have a copy (i.e. we are keeping the ticket open, our printer is down, we will mail you one.)  Do not take delivery of your car without it.

This situation should not prevent you from looking into your rights to remedy under State and Federal Laws.  If you feel as though you are being stalled in your repair efforts, please contact us or another consumer attorney to determine if you are entitled to remedy.

Mr. Rapkin: I would just like to say thank you for the work you have done to get my vehicle problems settled.  Chrysler initially offered me $1000.00 plus vehicle repairs, but you pushed on and got the settlement I wanted: Chrysler is repurchasing their mistake!!!  Thank you so much.  This situation was getting to be very frustrating.  I’m very pleased with what you have accomplished for my family and myself.  Thanks again.  Warm regards, Bobbie M.

Dear Fred:   I have received my settlement check and would like to thank you and your firm for time and effort put into my case. I will recommend your firm to friends who have similar problems with their autos, Thanks again.  Ted S.

To whom it may concern: I just wanted to thank all involved at the partnership of Kimmel and Silverman for a very competent and professional experience resolving the problems with my 2008 Ford F450. Robert Rapkin, Tiffany DiDomenico and the others involved in my case were very helpful and knowledgeable and facilitated resolution in a very admirable manner. I have already referred your firm to a neighbor with a similar vehicle and will continue to do so in the future. Once again, thanks for a very high quality experience.  Phil W.

To Michael Sacks, I have had problems with my 2007 Chevy Tahoe, and I did not know where to turn. A friend of mine told me to contact Kimmel and Silverman. I was assigned Bob Silverman. I am writing to tell you what an absolute joy it was to deal with Bob. He handled my situation in a very professional manner with my interests the only priority. I was very aggravated to say the least that General Motors Corporate would not contact me. He gave me excellent advice and I received a substantial compensation for General Motors negligence. I suppose that is why it is his company. I will gladly refer anyone in a similar situation. Hats off to Kimmel and Silverman. Thank you very much. Sincerly, Lawrence M.

Tracey, I just wanted to express my thanks to you, Patricia Murray and Mr. Silverman this year. My claim was 06 cobalt, I filed this year.  Anyways a quick update, I took my $ and literally ran to the nearest Toyota dealer,  Then I was ready to trade that bad cobalt and the key was stuck!! It was never ending. Because of your law firm, I now have a 08 beautiful Scion .   I might not be alive if it wasn’t for you law firm representing me. I took a big loss obviously since I only had the car 2 years but you guys helped me so much. I can’t believe I am outraged now that GM is broke, after I almost lost my life with that car, and then negative equity with the trade in. Now maybe we are bailing them out too? It’s a hard reality but the great news is how you guys treated me.  A painful experience turned into a painless one by your law firm.  Patricia                                                                                 

“If I only knew then what I know now….”  It’s a standard phrase that we all tend to say now and again.  Two calls we received today on the 1-800 LEMON LAW hotline certainly cement the fact.

The first call came from a woman who purchased a certified pre-owned BMW in Philadelphia.  So far, so good, right?  After all, we always tell consumers that if they are planning to purchase a used car make sure that they purchase a car with a manufacturer warranty.  And thank goodness she did! Check engine light x6, stalling x3, trims replaced x5, ignition coil problems, airbag sensor problems, o ring replaced, alignment issues, moisture in the fog lights, steering problems….the list went on and on and on. Over 20 warranty repair invoices for all sorts of problems.  So, why can’t we help her?  She waited too long.  It could be a number of reasons, perhaps she kept wanting to give the dealer one more time to fix a problem; she wanted to see what BMW would do for her (absolutely nothing); or she thought that she was so clearly “in the right” and she appeared confident she could get the matter resolved on her own.  And now, at 104,000 miles, mere months after her warranty has expired, the car will not run; and BMW is offering nothing but a hefty repair estimate. And she has exceeded the timeline to file a claim, called the statute of limitations.

I certainly understand that no one likes to be litigious and many folks call us as a last resort.  But, the beauty of the State Lemon Laws we work with, in Pennsylvania, New Jersey, Delaware, Massachusetts, New Hampshire, Ohio and Connecticut, and the Federal Magnuson Moss Warranty Act, is that they specifically provide for completely cost-free legal representation, so that the consumer is on equal ground with the manufacturer. Not only does the consumer have an experienced lemon law attorney on their side, they also have ASE-certified mechanics who will inspect the car and the invoices, and a people who will advocate for their consumer rights, at NO COST. There are quite a few folks who call each year who want to see what the dealer or manufacturer will do, and then end up calling us months later.  When you sit on your claim, you hurt your claim.  Your miles continue to accrue, the car get older and if you wait too long, you just may exceed your statute of limitations for filing a claim.  Many times, consumers may think they are getting somewhere when the manufacturer’s customer service department gives them a file # or a claim #, or when the dealership asks them to be patient and wait a couple weeks or a couple months.  This is a time-wasting tactic.  As we have written about before in this blog, you need to understand what dealers and customer service departments can and cannot do.   Bottom line: only when you know your rights, can you enforce them.

Second scenario: A woman contacted us today regarding her lease.  It’s a beautiful car, no problems with that.  However, she didn’t realize until after the fact that the lease only cover 10,000 miles a year versus the 18,000 miles a year she had on her previous lease.  She signed the contract, but it was an oversight and she is not agreeable to the terms, so she would like to return the car.  As we have mentioned before, you cannot return a car and if you do not read your contract carefully prior to signing it, who’s fault is that?  Signing a contract is like signing a check.  If it’s a blank contract, consider it a blank check, where you will be responsible for things you didn’t even think of.  I am often amazed at folks who do not read or understand their contracts prior to signing.  This is the one chance to ask questions, make demands, correct miscommunication.  If you do not agree to the terms, do not sign.  Do not be strong-armed, do not be forced, do not let time be your guide.  If it’s late, and you can’t think straight, go home and tell them you will come back to sign it the next day.  Otherwise, you will once again have that dreaded hindsight and the knowledge that you could have prevented being in the predicament you are if only you read the contract first.

As always, if you have a question, drop us a line and we will be happy to answer it if we can.

You may remember a while back, we reported on this lawsuit involving a handicapped senior citizen who was taken for a ride by a local dealer.  We are pleased to offer this follow-up:

HANDICAPPED SENIOR CITIZEN FROM BUCKS COUNTY WINS TENS OF THOUSANDS IN DEALER FRAUD LAWSUIT AGAINST CHERRY HILL TRIPLEX Consumer Sues For Fraud And Deceptive & Unfair Trade Practices

FOR IMMEDIATE RELEASE  A handicapped senior citizen who filed suit against the Cherry Hill Triplex automotive group of Southern New Jersey, claiming deception and theft, has won $13,893, in addition to treble damages of $41,679, plus attorneys fees, and will get to keep his vehicle, a 2005 Kia Sedona.  Craig Thor Kimmel and Melissa K. Fiala of the lemon law and consumer advocacy firm of Kimmel & Silverman, P.C. brought the case on behalf of the consumer.

According to attorney Melissa K. Fiala, the testimony revealed that Cherry Hill Triplex engaged in practices that were unlawful and deceptive. Craig Thor Kimmel says “It is a terrible thing that in these difficult economic times, some businesses feel entitled to take advantage of their customers. Senior citizens are especially vulnerable and should be cautioned never to go it alone when swimming in these shark tanks.’  Both Kimmel and Fiala further say that consumers can’t believe everything they read in mail or print advertisements.  “As the old adage says, if it’s too good to be true, it most likely is.  Mr. Hammel learned the hard way.” says Kimmel.

If you feel that you have been victimized by an automotive dealership, visit www.lemonlaw.com or call 1-800-LEMON-LAW (1-800-536-6652) to learn more about your rights.

Read more about Hammel’s case and the decision by clicking here.

1-800 LEMON LAW is now offering free legal help to distressed drivers throughout Connecticut. We are pleased to announce the opening of our new Connecticut Lemon Law Office, managed by Angela Troccoli.

The Connecticut Lemon Law is one of the most effective lemon laws in the Nation for several reasons. First, it covers all vehicles, including cars, trucks, motorcycles, ATVs, RVs, and commercial vehicles. The only exception is agricultural equipment. Secondly, the CT Lemon Law states that a problem must first occur in the first 18,000 miles or 24 months whichever comes first. This is similar to the coverage provided under the New Jersey Lemon Law, but much longer than the 12 months provided under the Delaware Lemon Law and the 12 months, 12,000 miles provided under the Pennsylvania Lemon Law.

The problem must occur four times to file a CT Lemon Law claim, but there is a special caveat which states that if there is a significant safety hazard, the consumer only needs to give the manufacturer two repair attempts to fix the problem. Connecticut Lemon Law also covers vehicles that are in the shop 30 or more days within the aforementioned 18,000 miles/24 month period, and those days do not have to be consecutive or all for the same problem.

Of course, if you have a problem which repeatedly occurs starting after the 18,000 miles/24 month period, but still while under original or extended manufacturers warranty, we can help you under the Federal Magnuson Moss Warranty Act, which we frequently discuss in this blog.

Using the same provisions we use in other State Lemon Laws and Federal Warranty Laws, we will be offering CT consumers completely free legal help. If they prevail, the manufacturer must pay all attorneys fees and legal costs. If for some reason, we do not prevail, there is still no cost. So, there is no cost and no risk to filing a claim.

If you feel you may have a CT lemon law claim, feel free to call us 1-800 LEMON LAW (1-800-536-6652) or fill out our Get Rid Of Your Lemon worksheet. We will be glad to review your situation and see how we can help.

In today’s economy, many folks are purchasing used cars to save a few dollars. We have repeatedly provided tips on how to make sure your used dream car was not previously someone else’s nightmare. You need to do your homework, take a look at our lemon dodger used car buying worksheet, inquire about the car’s repair and accident history, have an outside mechanic check out the car, and lastly invest in a carfax report to insure no hidden secrets about the vehicle’s past. This must all be done BEFORE signing on the dotted line. Buying a used car can be a significant financial gamble and if you don’t take your time, you could end up spending more money than you would on a new car. We have seen it happen many times.

Today, as a public service, we thought we would reach out to any auto retailer out there who thinks it’s okay to roll back an odometer. Throughout the seventeen years we have been in business, we have received well over 1000 calls pertaining to odometer rollback. It remains a common act of dealer fraud. And as we have repeatedly told consumers, it is illegal. There are retailers who never get caught, but if they do, they could find themselves in serious trouble. CBS Marketwatch reports that a 55 year-old man from Georgia has been sentenced to 18 months in prison, six months of home detention and another six months of supervised release for pleading guilty to two counts of odometer rollback.

If you think your odometer has been rolled back, carfax remains one of the best sources to see if your suspicions hold truth. However, even if the carfax comes up clean, your can contact your State’s DMV office to see if they can assist you. If you have proof that your odometer has been rolled back, or if you receive notice from the State (which does happen), you need to contact us at 1-800 LEMON LAW or reach out to another consumer law firm. The Firm should be prepared to use various consumer statutes to ensure cost-free representation.

If you have any questions, or feel you were the victim of odometer rollback, feel free to drop us a line at lemon law.com and we will see if we can help, or direct you to someone in your area.

When Bob Silverman & Craig Kimmel formed Kimmel & Silverman eighteen years ago, they had one goal in mind–to equal the playing field between the consumer and the billion-dollar automotive manufacturer, using State & Federal Laws that many consumers were not aware of.  Best of all, the legal help under these laws is completely FREE to the consumer. 

For the life of us, we cannot understand why consumers still insist on trying to do this by themselves, when you can have access to an experienced attorney who has worked on thousands of lemon law and breach of warranty claims (not only that, but we have three ASE-certified mechanics on staff to inspect our clients’ vehicles and research their issues.)  The other day, a gentleman called with a real problem–he was two years into a four-year lease and he was experiencing many problems with his power-train.  Being that he thought he had a “slam dunk” case, he decided to represent himself through the NJ Lemon Law unit.  He couldn’t get a mechanic to testify on his behalf. The manufacturer hired attorneys to oppose his claim.  He ended being offered a very minimal settlement which only covered a few lease payments.  He now has decided to buy himself out of his lease, which means he is going to take a huge financial hit.  This is all because he thought he could handle this on his own.  We have seen many other claims where the consumer was promised a new car, only it turned out to be a trade and the consumer found themselves stuck in a terrible situation.  If you are not a doctor, can you diagnose someone with a chest pain? If you are not a contractor, can you build a house and ensure it’s going to last the test of time?  The legal help is free, the participation is minimal.  You can keep driving your car throughout the entire process….if you don’t take advantage of what the Law provides, then you are partly to blame for whatever happens.

We know that It sounds too good to be true, but we can assure you it is for real. You can read the many consumer stories we have in our on-line newsroom, or just take a look at some of our recent victories from the last quarter. The following are some of the repurchases we have successfully obtained in the last four months.  These clients received all taxes, tags, finance charges, monthly payments and value on their trade-ins, minus a very small mileage offset normally based on the mileage when they first brought the car to the authorized manufacturers dealership for service.  And how much did they pay for legal fees?  if you answered “nothing,” you get a gold star!

• 2007 Nissan Quest — repurchase under MA Lemon Law
• 2008 Nissan XTerra — repurchase under PA Lemon Law
• 2007 Nissan Quest — repurchase under NJ Lemon Law
• 2005 Nissan Murano — repurchase under PA Lemon Law (client had 26,800 miles when he called us.)
• 2005 Nissan Altima — repurchase under PA Lemon Law (client had 30,126 miles when he called us.)
• 2007 Chevrolet Silverado — Two repurchases in last four months under PA Lemon Law
• 2008 Chevrolet Colorado — repurchase under PA Lemon Law
• 2008 Chevrolet HHR — repurchase under NJ Lemon Law (settled in 28 days)
• 2007 Chevrolet Trailblazer — repurchase under PA Lemon Law (settled in 19 days)
• 2008 Chevrolet Cobalt — repurchase under NJ Lemon Law
• 2007 GMC Sierra — repurchase under NJ Lemon Law
• 2007 GMC Yukon — repurchase under PA Lemon Law (settled in 20 days)
• 2008 GMC Arcadia — repurchase under NJ Lemon Law (settled in 27 days)
• 2007 GMC Arcadia — repurchase under DE Lemon Law
• 2008 GMC Envoy — repurchase under OH Lemon Law (settled in 19 days)
• 2008 GMC Yukon — repurchase under OH Lemon Law
• 2006 Cadillac CTS — repurchase under PA Lemon Law
• 2007 Cadillac SRX — repurchase under MA Lemon Law
• 2006 Cadillac XLRV — repurchase under MA Lemon Law
• 2008 Cadillac CTS — repurchase under NJ Lemon Law
• 2008 Saturn Vue — repurchase under PA Lemon Law (settled in 12 days)
• 2008 Saturn ION — repurchase under PA Lemon Law
• 2007 Saturn ION — repurchase under PA Lemon Law
• 2008 Hummer H3 — repurchase under NJ Lemon Law
• 2006 Suzuki Forenza — repurchase under VT Lemon Law
• 2008 Audi A4 — repurchase under NH Lemon Law
• 2006 Hyundai Elantra — repurchase under PA Lemon Law
• 2007 Dodge Ram — Two repurchases under PA Lemon Law
• 2007 Dodge Ram — Two repurchases under VT Lemon Law
• 2008 Dodge Ram – repurchase under PA Lemon Law
• 2007 Dodge Caliber — repurchase under PA Lemon Law
• 2008 Dodge Caliber –repurchase under PA Lemon Law
• 2008 Dodge Grand Caravan — repurchase under NJ Lemon Law
• 2008 Chrysler Sebring Convertible — repurchase under OH Lemon Law
• 2008 Chrysler Sebring Convertible — repurchase under PA Lemon Law
• 2007 Chrysler Town & Country — repurchase under PA Lemon Law
• 2008 Jeep Patriot — repurchase under PA Lemon Law
• 2006 Jeep Wrangler — repurchase under OH Lemon Law
• 2007 Jeep Commander — repurchase under OH Lemon Law
• 2007 Jeep Wrangler — repurchase under NJ Lemon Law
• 2006 Toyota Scion — repurchase under PA Lemon Law
• 2007 Toyota Solara –repurchase under PA Lemon Law
• 2008 Toyota Corolla — repurchase under PA Lemon Law
• 2008 Lexus LS460 — repurchase under NJ Lemon Law
• 2007 Lexus ES350 –repurchase under PA Lemon Law
• 2006 Lexus LX470 — repurchase under NJ Lemon Law
• 2007 Lexus GS300 — repurchase under PA Lemon Law
• 2008 Lexus GS400 — repurchase under OH Lemon Law
• 2005 Ford Mustang — repurchase under PA Lemon Law

Now, remember this is a legal process, so we can’t guarantee that you will receive a repurchase if you open a claim with us, but it could be possible.

Under the Laws we work with, a repurchase is the maximum remedy a consumer can receive.  Repurchases are reserved where the consumer has suffered a significant non-conformity which has affected the use, value and safety of the vehicle, and the problem has reoccurred repeatedly.  Another possible remedy under the Lemon Law is a new car. This known as an MSRP to MSRP swap, which is essentially a trade without the depreciation you would normally suffer.  As you know, the minute you drive a car off the lot, the value of the car depreciates significantly.  If you receive a swap, we take the MSRP from the sticker price of your car and apply it to the MSRP of a brand new car.  So, essentially you are getting a brand new car with the same features, and you have the same amount of equity in the new car as you did in the old car. The depreciation you would normally deal with does not apply.

There is also a third remedy under the State Lemon Laws and most commonly under the Federal Magnuson Moss Warranty Act–significant monetary compensation to reflect the diminished value of the vehicle for the problems you have incurred. This could apply if it is fixed after three repairs; if the problem is not threatening the overall use, value, or safety f the vehicle (i.e. radio);  it falls outside the lemon law mileage provisions; or if you purchased the car used but it still has a manufacturers warranty.  If you receive money, it is non-taxable and YOU GET TO KEEP YOUR CAR and your car is not branded in any way, shape or form.  Plus, your warranty remains completely in effect, so the manufacturer  is  still obligated to fix the car if problems persist, and you do not need to disclose that you received this money at time of trade or sale.  You may do whatever you want with the money.  You may have previously read in our blog about the Volvo SUV owner who received $7,000 after he heard Communications Director Michael Sacks on the radio. Here are some other folks who received monetary awards in the last four months(All of these folks kept their vehicles and had their attorney fees paid sepearately by the manufacturer):

• 2008 Volvo C70 — problems with convertible top, fixed after 4th attempt. Client received $10,000.
• 2008 Ford Ranger — client received $5,000.
• 2007 Ford Expedition — client received $6,000.
• 2005 Ford F350 — client received $7,000.
• 2007 Ford Expedition – client received $4,000.
• 2008 Toyota Rav 4 — client received $5,500.
• 2009 Dodge Journey purchased in another state but registered in PA — client received $6,750.
• 2006 Dodge Caravan –client received $5,250.
• 2007 Jeep Liberty — client received $5,000.
• 2006 Chrysler Town & Country with 32,000 miles — client received $3,250.
• 2006 Subaru Forrester with 61,000 miles — client received $4,000 (settled in 60 days).
• 2008 Land Rover LR 3 with 25,000 miles — client received $4,250.
• 2008 Saab 9-7 with 37,000 miles — client received $5,500.
• 2005 Saab 9-3 with 40,000 miles and the lease almost completed — client received $3,000.
• 2005 Mazda 3 with 50,536 miles — client received $4,000.
• 2006 Mazda 6 purchased used — client received $4,000.
• 2006 Mazda MPV — client received $4,500 (settled in 30 days).
• 2007 Mazda CX9 –client received $5,000 (settled in 45 days).
• 2006 Honda Civic with 32,700 miles, problems fell outside of lemon law — client received $3,500.
• 2005 Chevrolet Tahoe with problem starting at 29,000 miles and lease up – client received $4,000.
• 2005 Chevrolet Impala with problem starting at 25,000 miles — client received $3,000.
• 2004 BMW 7-series certified pre-owned with 56,600 miles — client received $2,500.
• 2004 BMW 5-series with problem starting at 52,000 miles & extended wty – client received $3,000.

And this is just a sampling of the work we have done in the last four months.  Think you have a lemon?    E-mail us you question or call us at 1-800 LEMON LAW (1-800-536-6652) and we will be happy to go over your situation and whether we can help.

As the rain has been pouring down this past week, the calls have been pouring into 1-800 LEMON LAW . We have been successfully resolving a large number of water leak claims recently, especially in General Motors SUVs.  But, GM drivers are not alone; I just took a call from a gentleman who has been in 7 times for a water leak in his trunk…and he drives a 2007 Honda Accord! There is no doubt that as the weather continues to get wetter, many distressed drivers will locate a leak. So what do you do if you find a drip?

We have repeatedly provided tips on what to do if your car leaves you all wet. Provided you are under manufacturers warranty, make sure you take your car to an authorized manufacturers dealer as promptly as possible. And, when you pick up the car, make sure you also pick up a repair invoice that outlines the problem and what they have done to resolve it.  Keep these invoices in a safe place. If you are facing this problem repeatedly, and the service manager is leaving you out to dry, you need to take action.  If you are in the shop three times under warranty for a leak, you have the right to file a lemon law or breach of warranty claim EVEN IF THEY EVENTUALLY FIX THE PROBLEM.  Why?  Because your vehicle has suffered a non-conformity which significantly affected its use, value and safety.  A decent claim could result in significant monetary compensation…we are talking a partial or full refund…possibly even a new car. And as you know, under your lemon laws and federal laws we work with, the legal help is completely FREE.

And let’s say they fix the leak?  How sure are you that the leak will not return? Or worse yet, you may discover mold and/or mildew. Unfortunately, one thing we see time and time again are folks who do not open a claim because their problem is fixed…and then it pops up again 15,000 or 20,000 miles “down the road.”  The case is weaker. The remedy is usually weaker.

If you are find yourself ready to flip after discovering your drip, contact us via e-mail or phone at 1-800 LEMON LAW (1-800-536-6652) and we will be glad to discuss the situation with you and how we can help.

Hey New Jersey drivers:  Has your car been in the shop three times for the same problem under the original or extended manufacturers warranty?  You could be entitled to money back, or possibly a new car under the New Jersey Lemon Law and the Federal Magnuson Moss Warranty Act.  Check out your rights this weekend on News 12 New Jersey’s consumer news program “In Your Corner,” airing all weekend long. (Check News 12.com for times) Automotive Consumer Advocate Michael Sacks, Director of Communications with Kimmel and Silverman, joins Walt Kane to discuss why New Jersey has the second most-effective lemon law in the Country.  If you have a car that’s driving you crazy, drop us a line and we will be happy to determine if you are entitled to recourse.

We frequently mention our TV and radio appearances on the blog, with the hope that consumers will tune in and learn.  Automotive Consumer Advocate Michael Sacks, 1-800 LEMON LAW Director of Communications, recently joined Spencer Graves on WDEL’s Consumer Hotline, when a call came in from a distressed driver with a Volvo XC90.  He had close to 50,000 miles on his vehicle and he was constantly complaining about a transmission problem.  The dealer was being as helpful as possible; they replaced several components but after a while, they told him it was “a normal characteristic of the vehicle.”  The listener did not know what to do; he loves his vehicle but he thought he was entitled to something for his problem. Michael asked the listener to forward his repair invoices to him Monday morning.

Michael reviewed the invoices with the 1-800-LEMON LAW legal team and it turned out the listener had a strong claim under the Magnuson Moss Warranty Act.  Three weeks later, he settled his claim for $7,000, plus he gets to keep his vehicle, the extended warranty is in full effect (so if there is a transmission problem, Volvo is obligated to fix it), and the car is not branded in any way, shape or form.  Needless to say, our client was very happy.

This comes on the heels of Ernie from Wilkes Barre, PA who called when he heard Michael on WILK News Radio. He had already gotten rid of his Land Rover after he suffered numerous problems and he wanted to know if we could do anything.  He sent in his paperwork and Lemon Law Attorney Jacqueline Herritt succeeded in getting him $5,000. Ernie received $5,000 just for listening, and faxing in a few papers!  And, of course, neither consumer paid a dime for our legal help.

Remember, never be afraid to ask for help.  If you want to see if you have a potential lemon law or breach of warranty claim, click here and we will get in touch with you promptly.  And remember, to keep an eye on our blog for our next TV and/or radio appearance.

As our roller coaster economy continues its downward spiral, repo men are unfortunately having their best year ever.  In an article which recently ran in New York Newsday, the number of cars, boats, motorcycles, and trucks being repossessed has been growing as more Americans are struggling to make ends meet. According to a consultant who works for the National Automotive Fiannce Association, “the first quarter of 2008 brought the auto finance industry a significant increase in delinquencies and repossessions.”

So, how can you take control if you are facing repossession?  First, you may want to proactively address the issue with your lender to see if they can restructure the loan or payment schedule.  Banks don’t normally like to repo vehicles; they lose thousands on each vehicle repoed so they will work with you to try and prevent it. You can also enlist the help of a credit counselor to negotiate with the lender. Newsday recommends the National Foundation for Credit Counseling at 800-388-2227.

Lastly, you should look into enlisting a consumer attorney to make sure that your rights were not violated. The creditor may not have the right to repo the car.  For instance, if the seller committed fraud, mispresentation or illegal practices in selling the vehicle, the creditor is responsible for their wrongdoing.  Therefore, the contract may be null and void and they may be prevented from repossessing the car. In addition, the bank may be responsible for compensating the consumer for the seller’s actions. 

Furthermore, repo men may not trespass onto your property or use threats of force. And, while they don’t have to provide prior notice, they must immediately provide you notice in person or via certified mail which outlines the debtor; the vehicle; the location of the car; whether or not the buyer can reinstate the contract; the time, place and manner of resale; an itemized statement of amounts owed; including any repossession charges; and a list of the location and personal property contained in the vehicle. The letter must be sent no less than 15 days before the date of resale.

If your car has been repoed, and you feel your rights have been violated, please contact us and we will be glad to discuss the matter with you.

For more information on help with Vehicle Lender Abuse and Repossession Fraud, please click here.

The Northeast has been hit with some wet, wild weather in the past 48 hours. As a result, our lemon law mailbox  has been “flooded” with questions like this:

“I bought a Chevrolet Aveo about a month and a half ago. Yesterday we had a rain storm and I went out to my car, the entire windshield on the inside was dripping wet…what are my options?”

The day after a storm, many distressed drivers discover leaks in their vehicles. And, if those leaks are not immediately addressed and repaired, your car will soon be a nesting ground for mold and mildew.  So, what should you do if you find puddles on your passenger floor (or elsewhere in the car)?

**Make a service appointment with your dealership immediately. Make sure the service manager understands the severity of the situation.

**Try to track down where the leak or mildew scent is coming from. If you can point your service manager in the right direction, they may be able to fix it immediately. Also, let the service manager know when the scent is the strongest (i.e. when starting up the car, when turning on the heater to high, when turning on the rear defroster, when it rains.) The more information you can provide your service manager, the better!

**Make sure you receive a repair invoice outlining your problem and their solution. Do not let them mail the invoice. Have them print out the invoice when you pick up your car.

**If you still smell the fumes after your service, you need to bring the car back to an authorized dealership for another repair attempt. If you feel your dealership is not handling the problem correctly, take your car to another authorized manufacturers dealership.

**If your car is under manufacturer’s warranty, you should not have to pay any extra monies for treatments or ventilation services. This problem should be covered under both the original and extended manufacturer’s warranties.

**If your car is under manufacturer’s warranty and you have given the manufacturer 3 or more chances to fix the problem, you can assert your rights to cost-free legal representation under State Lemon Laws or Federal Warranty Laws.

Don’t let your manufacturer leave you hanging out to dry. Take action if necessary.

As the comments continue to pour in regarding our entry on paint defects with 2000-2005 Ford vehicles (54 so far, but who’s counting?), we thought now would be a good time to discuss when a paint problem can turn into a lemon law or breach of warranty claim. 

We frequently receive calls from distressed drivers who are quite peeved over their paint.  If the dealer is making any effort to fix the problem, either by buffing, or compounding, or painting certain components, you may have grounds to file a claim. Make sure that you ask for a repair invoice after each visit.  These invoices should outline your complaint and what was done to fix the vehicle.  Depending on the invoices, we may be able to argue that the paint problem has diminished the value of the vehicle and therefore, the consumer is entitled to remedy under State Lemon Law or Federal Warranty Law.

Unfortunately, many folks call to complain of paint chips on their hood.  These chips are often caused by road debris and while it’s extremely frustrating, these repairs are not covered under warranty. However, repairs that may be covered include paint peeling, rust, and blotches or scratches in the finish.

It’s important to ask questions.  If you feel that your paint defect may be affecting the value of the vehicle (and you are still covered under a manufacturers warranty), bring the issue to your service manager. And, if they can’t fix the problem after a couple attempts, you should certainly consult a lemon law attorney.  You can always ask us a question by here.  Remember, never be afraid to fight for your rights!

Yes, I know we are in the middle of a hot, humid Summer….no better time to surprise you with a pop quiz on your knowledge relating to the lemon law and car buying.  No matter what time of year, it’s important to be prepared when either buying a new or used car, or filing a lemon law claim.  So, grab that #2 pencil and let’s see how much you know….

1) TRUE OR FALSE: If I buy a car and something goes wrong with it, I have three days to return the car.  It’s the law. 

2) TRUE OR FALSE: Once I have driven the car off the lot and signed a sales agreement, there is no way a dealer can change the price on me.

3) TRUE OR FALSE:  If I purchase a car and later figure out that I can’t afford to make the payments, I can return the car and it won’t affect my credit as long as I can prove financial hardship.

4) TRUE OR FALSE: I can ask the dealer to show me what he paid for the car he is selling.

5) TRUE OR FALSE: If I buy a used car and the car has been in an accident, the dealer must tell me that prior to sale.

6) TRUE OR FALSE: The Lemon Law not only applies to major problems, such as the transmission and engine, but also to electrical problems, water leaks, rattles and paint.

7) TRUE OR FALSE: If a new car is in the shop for 30 days in the first year, regardless of whether it’s for the same or different problems, the driver can file a lemon law claim.

8 ) TRUE OR FALSE: If I have a manufacturers warranty and something goes wrong with my car, I have to take it to the dealer when I purchased the car, even if it is far from my home.

9) TRUE OR FALSE: Used cars are covered under the State Lemon Laws.

10) TRUE OR FALSE:  A consumer under the age of 25 may be denied a loaner while their car is in service because of their age.

Click here to see how well you did!

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.”

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.

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.

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 .

On Your Side: Car Issues by Jim Donovan

PHILADELPHIA (CBS 3) ― Are you having mechanical problems with your car? While state lemon laws can help, some Federal laws are designed to protect you too. In fact the Magnuson-Moss Act may be your best bet.

Jan Jeffries bought a certified pre-owned Jaguar about a year ago. Almost immediately he had problems. The anti-lock brakes were malfunctioning and needed repeated repairs. While Jan’s mechanical problems weren’t covered by state lemon law, he was entitled to compensation under the Federal Magnuson-Moss act.

“If the vehicle is under warranty and you’ve had problems with it, subject to repair, and it has not been resolved, you have federal, Manguson-Moss warranty rights.” says attorney Craig Kimmel. The Magnuson-Moss Act applies to vehicles under their original or extended manufacturers warranty, and the car must be in the shop for 3 or more times for the same problem. Kimmel says, “We’re talking brakes, transmission, suspension, head lights, water leak, paint defect, any of these problems and more, those issues the consumer should step up and force the manufacturer to comply with the warranty and if they can’t, call a lawyer.”

That’s what Jan Jeffries did. He says, “I got $6,000 from Jaguar as compensation for what would ultimately be reduced value of the vehicle.”

The Magnuson-Moss Warranty Act

The Magnuson-Moss Warranty Act is a Federal Law that protects the buyer of any product which costs more than $25 and comes with an express written warranty. This law applies to any product that you buy that does not perform as it should.

Your car is a major investment, rationalized by the peace of mind that flows from its expected dependability and safety. Accordingly, you are entitled to expect an automobile properly constructed and regulated to provide reasonably safe, trouble-free, and dependable transportation – regardless of the exact make and model you bought. Unfortunately, sometimes these principles do not hold true and defects arise in automobiles. Although one defect is not actionable, repeated defects are as there exists a generally accepted rule that unsuccessful repair efforts render the warrantor liable. Simply put, there comes a time when “enough is enough” – when after having to take your car into the shop for repairs an inordinate number of times and experiencing all of the attendant inconvenience, you are entitled to say, ‘That’s all,’ and revoke, notwithstanding the seller’s repeated good faith efforts to fix the car. The rationale behind these basic principles is clear: once your faith in the vehicle is shaken, the vehicle loses its real value to you and becomes an instrument whose integrity is impaired and whose operation is fraught with apprehension. The question thus becomes when is “enough”?

As you know, enough is never enough from your warrantor’s point of view and you should simply continue to have your defective vehicle repaired – time and time again. However, you are not required to allow a warrantor to tinker with your vehicle indefinitely in the hope that it may eventually be fixed. Rather, you are entitled to expect your vehicle to be repaired within a reasonable opportunity. To this end, both the federal Moss Warranty Act, and the various state “lemon laws,” require repairs to your vehicle be performed within a reasonable opportunity.

Under the Magnuson-Moss Warranty Act, a warrantor should perform adequate repairs in at least two, and possibly three, attempts to correct a particular defect. Further, the Magnuson-Moss Warranty Act’s reasonableness requirement applies to your vehicle as a whole rather than to each individual defect that arises. Although most of the Lemon Laws vary from state to state, each individual law usually require a warrantor to cure a specific defect within four to five attempts or the automobile as a whole within thirty days. If the warrantor fails to meet this obligation, most of the lemon laws provide for a full refund or new replacement vehicle. Further, this reasonable number of attempts/reasonable opportunity standard, whether it be that of the Magnuson-Moss Warranty Act or that of the Lemon Laws, is akin to strict liability – once this threshold has been met, the continued existence of a defect is irrelevant and you are still entitled to relief.

One of the most important parts of the Magnuson-Moss Warranty Act is its fee shifting provision. This provision provides that you may recover the attorney fees incurred in the prosecution of your case if you are successful – independent of how much you actually win. That rational behind this fee shifting provision is to twofold: (1) to ensure you will be able to vindicate your rights without having to expend large sums on attorney’s fees and (2) because automobile manufacturers are able to write off all expenses of defense as a legitimate business expense, whereas you, the average consumer, obviously does not have that kind of economic staying power. Most of the Lemon Laws contain similar fee shifting provisions.

You may also derive additional warranty rights from the Uniform Commercial Code; however, the Code does not allow you in most states to recover your attorney fees and is also not as consumer friendly as the Magnuson-Moss Warranty Act or the various state lemon laws.

RELATED LINKS:

PA LEMON LAW

NJ LEMON LAW

DE LEMON LAW

(© MMVIII, CBS Broadcasting Inc. All Rights Reserved.)

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.

Certainly, we have all heard of the lemon law at one time or another.  Every State has one and they are designed to protect car owners when their ride turns sour.  But, what if you fall outside the lemon law provisions?  Perhaps, you live in Pennsylvania, and your problem occurred at 13,000 miles, rather than 12,000? Or you have a used car with a manufacturers warranty and the check engine light just will not go off?  Is the manufacturer off the hook?  Is the consumer out of luck?  The answer is no.

There’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)**You do not 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 apply to used cars.

You read this right–This is free money and it applies to any car or truck which is still under an original or extended manufacturers warranty. If you think you may be entitled to money under the Magnuson Moss Warranty Act, click here and we will be glad to contact you to further discuss your claim.  

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.