Lemon Law Blog

Looking to buy a car?  Would you believe that in today’s economy, it may be better to purchase a new car than a pre-owned one?  Lemon Law Attorney Craig Thor Kimmel discussed the pros of buying a new car with Michelle Buckman of Fox 29 News today.  The interview, which was taped at the Philadelphia Auto Show, airs tonight during the 5pm newscast.

So, what are the selling points, when it comes to buying a new car?

First, there’s the warranty.  Many folks who are calling 1-800 LEMON LAW regarding their used cars have aftermarket warranties which are worth less than the paper they are written on.  The cost of repairing a car, when you include both labor and parts, could be skyrocketing and if you don’t have a manufacturers warranty, you could be stuck with a huge bill.  A new car means you are ensured a manufacturers warranty and that your repairs will be covered by skilled technicians using manufacturer-approved parts.  Thus, the manufacturer is responsible for the quality of the repair.  Also, in many states, including Pennsylvania, only new cars are covered under Lemon Law.  (There are Federal Laws to assist consumers who have pre-owned cars with manufacturers warranties but the maximum remedies are not the same.)

Second, there are amazing financing deals available for folks with good credit.  The dealers need to get rid of these cars, and now that they have 2008 leftovers and 2009 models, the inventory is larger than ever. Those with good credit scores are now in the “drivers seat” when it comes to getting a great deal on a great car.

Third is technology.  Visiting the car show today, we were thrilled with all the new safety features available to consumers.  Plus, more and more manufacturers are really thinking about fuel economy and how to save their drivers money each week at the pump.

Fourth, there may be an added incentive from Uncle Sam.  Hybrid drivers are now looking at tax deductions ranging from $1,000-3,000, plus there is a bill being introduced which could provide any new car buyer an average of a $1,300 deduction on a $25,000 car.  The government is looking at ways to convince consumers to purchase these cars, so that our manufacturers can rebuild their companies and their profits. 

If you have questions about car buying, drop us a note and we’ll be happy to help any way we can.  In the meantime, if you are in the Philadelphia area, we urge you to check out the Philadelphia Auto Show opening tomorrow and running through February 8 at the Pennsylvania Convention Center.  It’s the ideal setting to view all different makes and models, without being attacked by salespeople.  Happy Shopping!

Popularity: 6% [?]

When college student and Kimmel & Silverman client Ryan Robinson purchased the car of his dreams, a 2007 Ford Mustang with 13,000 miles, he had no idea he was stepping into a puddle of problems. However, even though the carfax was clean, Robinson found his car turned out to have previously been flooded.  He has filed suit against the dealer for misrepresentation and remarkably enough, we signed another client today who purchased a flooded BMW from the same dealer.

CBS 3Consumer Reporter Jim Donovan has Robinson’s story, and also some important tips from ASE Certified Mechanic Steve Ruch on how to spot a flood car.  You can read the story and view the video by clicking here.

Also remember, when purchasing a used car, there are a lot of questions you need to ask to make sure your dream car was not previously someone else’s nightmare.  Check out our Lemon Dodger worksheet, and make sure you read some of our past blog entries on used car buying.  Even though you are purchasing a used vehcile, you still are making a significant financial commitment and if you don’t watch yourself, you could find yourself paying out of pocket for costly repairs and part replacement.  We have seen many instances where it cost a consumer more to purchase a used car than it would have to purchase a new one.

Lastly, if you feel your car was misrepresented at the time of sale, inquire about your rights with us or another consumer attorney.  It never costs anything to ask a question and the advice provided could prove to be invaluable.

Popularity: 7% [?]

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.

Popularity: 8% [?]

As we await word on if/how the government will bail out the big three, we continue to see car dealers close their doors in record numbers as a result of this troubling economy.  And these are not fly-by-night agencies mind you; these are long-standing, highly respected dealerships that have been running in some cases for decades.  It’s a sad state of affairs for the automotive industry and now more than ever, it is important that you protect yourself in case your selling dealer closes. 

Pennsylvania Lemon Law Attorney Craig Thor Kimmel appeared on FOX 29 News in Philadelphia earlier this week to discuss how to deal with the dealers closing around us.

FIRST, when buying a car, make sure you keep all of your paperwork.  With dealers closing, you need to make sure you have all agreements in writing.  We recently saw a case where the dealer was supposed to pay off the loan of a trade-in as part of the sale.  Then, the dealer closed and the consumer received a call from the bank asking for payment.  You need to get everything in writing. 

SECOND, make sure you understand the warranty you are purchasing.  It is highly recommended that you purchase a vehicle that has a manufacturers warranty and that any extended warranties purchased are also backed by the manufacturer.  Manufacturers warranties allow you the freedom of taking the car to any authorized manufacturers dealership.  Dealer warranties prohibit this.  Also, if your problems continue under the manufacturers warranty, you may be able to seek recourse under State and/or Federal Laws.

THIRD, make sure when taking your car in for service that you be as specific as possible regarding repairs needed.  Dealers that are not closing are still cutting back, letting go of service personnel and not spending nearly the time on repair visits that they used to.  Make sure you are as specific as possible in terms of what noise you heard and when you heard it, what sensor light popped on, and where you felt that water leak.  The more clues you give, the better chance the service personnel have of solving the problem.  And if you continue to once again feel like you are getting the run around, either a dealer constantly saying no problem found, or the problem not being fixed properly, you need to look into legal action.

FOURTH, if you feel your car is giving you problems, you need to do something.  When Daewoo was purchased by GM following economic problems, the acquired all the assets but none of the headaches. They were not responsible for any Daewoo warranty claims.  If a bankruptcy was to hit one of the big three, there is a good chance hundreds of thousands of people would no longer have warranties on their vehicles.  If something is wrong with your car, you need to get it addressed NOW. And if you feel that you may have a breach of warranty or lemon law claim, you need to address it with a consumer lawyer as soon as possible to protect yourself.  Under State and Federal Laws, help is free in these situations.  You have absolutely nothing to lose and everything to gain. 

For more information regarding this matter, visit www.lemonlaw.com and if you have any specific questions, e-mail Client Services Director Michael Sacks at msacks@lemonlaw.com,  Include your name and daytime phone number, including area code.  We may include your question in a future blog.

Popularity: 7% [?]

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.

Popularity: 43% [?]

With gas prices on the rise, we are getting more and more calls from motorcycle riders. Think you have a lemon bike? If you live in Philadelphia, Bucks, Chester, Montgomery, or Delaware Counties, check out lemon law attorney Craig Thor Kimmel on Comcast Newsmakers on CNN Headline News. Click here for times.

Popularity: 6% [?]