The Lemon Law seems so cut and dry, so easy, so black and white…you are in the shop a continuous number of times for the same problem and the manufacturer is supposed to give you a new car or full refund, right?  There should be no ifs, and or buts about it, according to some consumers.  Sadly, it is not that easy. And that is why there is a need for Lemon Law Lawyers.

This is a David vs. Goliath situation.  The consumer is battling a billion dollar car company, arguing that the product they purchased is inferior and they are deserving of recourse.  But, how can the consumer and the company be on equal footing, preventing the car company from bullying the consumer through the court system?  The answer lies in the fee-shifting provisions of State Lemon Laws and Federal Warranty Laws.  The Laws say that if the consumer prevails, the manufacturer must pay all attorney fees and legal costs ON TOP OF what the consumer receives.  Furthermore, if a Lemon Law Firm is confident of their abilities, they should make it clear that there will be no cost if for some reason you do not prevail.  Therefore, win or lose, the consumer should have no cost and no risk when it comes to filing a claim.

So, what are the benefits of using an experienced Lemon Law Lawyer?  First and foremost, they have knowledge of the statutes and access to case law.  They know when a manufacturer is making an offer that’s sub par and when the car company truly wants to do right by the consumer.  Experienced Lemon Law Attorneys have immediate access to manufacturers counsel.  If they have a solid reputation of fighting claims in court, the manufacturer is much more likely to take their representation seriously, many times resolving a claim very quickly through pre-litigation channels.  Remember, a manufacturer must pay attorney fees on top of what the consumer receives, so if the consumer has a strong Lemon Law claim, it does not benefit the manufacturer to drag it through the legal system and pay large attorney fees.  Rather, they want to settle it as quickly as possible and pay as little in attorney fees as they need to.  Many manufacturers work with our firm to offer comprehensive pre-litigation programs.  And if no offer is made or the offer does not meet the consumer’s satisfaction, we move forward with the litigation process.

We are also seeing many manufacturers who are taking advantage of unrepresented consumers, offering them buybacks with high usage fees or swaps that are actually trades.   The car companies are well aware of what they are doing and the consumer thinks that they are smart enough that they do not need the free legal representation afforded by the Lemon Law.  Then, they call us after the fact and we tell them that in most cases, their errors can be not be fixed, resulting in receiving thousands less than they are entitled to.   We also see consumers who elect to represent themselves in Lemon Law claims with the BBB (Better Business Bureau) or their State Attorney General’s Lemon Law program only to be defeated by the manufacturer’s high priced experts and attorneys hired to defeat their claims.  And in some cases, like in New Jersey, Attorney General Lemon Law rulings are binding.  There are quite a few claims where we see the consumer defeated where we know based on our experience and our ASE-certified experts (free of charge to all Kimmel and Silverman clients) that we could have succeeded.

So, take advantage of experience, knowledge and reputation of qualified Lemon Law Attorneys if you find yourself with a defective vehicle.  It’s a free service that the Law allows for you and if you don’t take advantage of it, you could find yourself stranded down the road.

Kimmel and Silverman is thrilled to be celebrating 20 years of helping distressed drivers with their Lemon Law and breach of warranty claims. It’s sometimes hard to comprehend that we have helped over 65,000 folks in that time, and our services now spread over fourteen states. That’s exactly where we’re at today, though. All of it only became possible because of consumers like you who continue driving lemons and “just deal” with repeated mechanical problems. You don’t have to put up with a lemon, nor should you.

The Times Herald, a newspaper out of Montgomery Country, Pennsylvania recently profiled our firm and efforts to help those victimized by lemons. You can read the article by clicking here.

To everyone who has played a role in our longevity, we are extremely grateful. Here’s to the next 20 years!

Today’s post deals with a huge pet peeve of ours, an issue which affects many drivers.

Every week, we receive calls on the 1-800 LEMON LAW hotline from distressed drivers who are already represented by other lemon law firms throughout the Country. Sometimes, they are calling with a simple question and we refer them back to their lawyer.  But, then there are those times where they are being presented with a settlement offer and they aren’t happy about it.  It is unethical to provide any advice to a consumer who is already represented, so we advise them to ask their lawyer about litigation options. The client then says they want to litigate but they are getting a lot of push back.  The reason?  It’s because the Lemon Law Lawyer they are working with is not licensed in their state.

Now, don’t get us wrong.  A lawyer is within their right to tell a consumer that they feel the settlement offer is fair, and they may not be able to do any better when litigating. In the case of Kimmel and Silverman, we have three certified ASE-certified experts on staff and one of the experts puts together a  report on the value of every claim.  We will share this data with our client.  If we feel that it’s not in the best interest to litigate, we will state that.  BUT, WE CANNOT MAKE THE DECISION FOR THE CLIENT.  In addition, Kimmel and Silverman staff includes at least one full-time licensed attorney in every state we practice….sometimes as many as five lawyers–all with solid litigation experience. If necessary, we litigate and knowing that we are prepared to fight, we have strong leverage against manufacturers.  Our presence in the court system is known and thankfully respected.

Unfortunately with internet advertising, lemon law firms can put a stake up in every state and then have a licensed lawyer serve “of counsel” in case they have a claim there.  What does “of counsel” mean?  It means that the lawyer will NOT be used unless absolutely necessary and they use the name and license of the lawyer so they can advertise there and take cases.   Unfortunately, by doing so, they are putting consumers’ rights at risk.   Just today, we received a call from a woman whose new car overheated eight times.  The manufacturer has offered her a minimal settlement and she wants to fight in court for her rights.  She’s getting push-back because the lawyer handling the matter is eight hours away, and there is no full-time lawyer at their Firm who could litigate the matter.   This is grossly unfair to the client. And if the manufacturer knows this, it puts the clients’ rights at risk.

Also today, we noticed an Arizona-based lemon law firm advertising heavily in a state far far away from its perch.  There is no information as to which lawyer at their firm is licensed in the advertised state, but one thing is clear…..their information on the Law is completely wrong.  The Law was updated two years ago and the statute is much stronger than they present it to be.  As a firm that prides itself in trying to educate consumers on their rights, we have one word for this– UUUUUGGGHHH!  It really uspets us and it confuses the consumer. Sure, there are glitches from time-to-time, but if you see your information is incorrect, make an effort to correct it for the consumer’s sake.

In short, when you are hiring a lemon law firm, ask if there is a full-time attorney on staff who is licensed to practice in your sate.  That way, you know you are prepared and ready to battle if the manufacturer does not automatically see things your way. Plus, you will have the leverage you need to ensure that it will no longer be a David vs. Goliath battle.

I always love these blog entriees where we can share many of our success stories.  This July was quite busy at 1-800 LEMON LAW.  Take a look at just some of the settlements and judgments reached this month, and we still have 15 days to go!    We have said it before–we know that the State Lemon Laws and federal Warranty Laws sound too good to be true, but they do provide completely free legal help.  if you feel you have a potential lemon law or breach of warranty claim, please call us at 1 800 LEMON LAW (1-800-536-6652) or visit us at our website, www.lemonlaw.com.

Here’s just some of what we accomplished in the last two weeks.  Many of these cases were settled in 30-60 days!

2011 Kia Sorrento — Client receives brand new car — Millersville, MD

2008 Cadillac CTS purchased used, has 26,000 miles — Client receives $4,500 plus keeps the car — Laurel, MD

2007 Chevy Suburban with 63,000 miles — Client receives $4,000 plus keeps the car — Lansdale, PA

2008 Ford F350 with 54,000 miles — Client receives $4,000 plus keeps the truck — Hudson, NH

2009 Ford Escape with 27,000 miles –Client receives $5,500 plus keeps the car — Bear, DE

2007 Chevrolet HHR with 33,000 miles– Full repurchase! Client gets all their money back! –Lancaster, NY

2008 Buick Lacross with 23,000 miles — Client receives $4,500 plus keeps the car — Mt. Pocono, PA

2007 Jeep Wrangler — Client receives $5,300 plus keeps the car — Hamilton, NJ

2010 Chevrolet Malibu — Client receives $6,000 plus keeps the car — Somers Point, NJ

(and another result just like this in Baltimore, MD!)

2010 Ford Escape — Client receives $6,000 plus keeps the car — Coraopolis, PA

2008 Dodge Avenger with 26,000 miles — Full repurchase! Client gets all their money back! — Mount Braddock,  PA

2008 Saab 9-3 — Client receives $8,500 plus keeps their car — Philadelphia, PA

2008 Dodge Caliber — Full repurchase! Client gets all their money back! — Glenolden, PA

2006 Toyota Avalon with 58,000 miles– Full repurchase! Client gets all their money back! — New York, NY

2010 BMW 328i — Full repurchase! Client gets all their money back! — Bethlehem, PA

2009 Ford Escape — Client receives $8,500 plus keeps their car — Wellsboro, PA

2007 Land Rover Sport with 45,000 miles — Client receives $4,500 plus keeps their car — Fort Lee, NJ

2008 Ford Edge — Client receives $6,000 plus keeps their car — Bayonne, NJ

2006 Hummer H3 with 41,000 miles — Client receives $6,000 plus keeps their car — Norristown, PA

2008 Subaru Tribeca with 39,800 miles — Client receives $5,000 plus keeps their car — Altoona, PA

2010 Cadillac SRX — Full repurchase! Clients gets all their money back! — Melville, NY

2009 Chevrolet Impala with 26,000 miles — Client receives $4,000 plus keeps their car — Irwin, PA

2009 GMC Sierra — Full repurchase! Client gets all their money back! — Ford City, PA

2006 Cadillac CTS, bought used, has 39,000 miles– Client receives $4,600 plus keeps their car — Philadelphia, PA

2005 Kia Sorento with 55,000 miles — Client receives $5,500 plus keeps their car — East Greenville, PA

2010 Subaru Impreza — Client receives $6,000 plus keeps their car — Toms River, NJ

2008 Nissan Rogue — Client receives brand new car — Purchased in OH

2008 Hyundai Tuscon — Full repurchase! Client gets all their money back! — Pottstown, PA

2009 Pontiac G8 — Client receives brand new car –Jackson, NJ

2004 Mitsubishi Gallant (6 years old!) — Client receives $3,500 plus keeps their car — Philadelphia, PA

2009 Acura TSX (leased!) — Client receives $8,000 and continues with lease — New York, NY

2010 Hyundai Accent — Client receives brand new car — Reading, PA

2008 Nissan Rogue — Full repurchase!  Client gets all their money back! — Norwalk, CT

2007 Kia Rio with 35,600 miles — Client receives $5,000 plus keeps their car — Medina, OH

2006 Cadillac STS with 40,000 miles — Client receives $7.300 plus keeps their car — Southington, CT

2008 Honda Odyssey with 40,000 miles — Client receives $7,560 plus keeps their car — North Wales, PA

2009 Volkswagen Tiguan — Client receives brand new car — Cherry Hill, NJ

2009 Dodge Caravan — Full repurchase! Client gets all their money back! — Purchased in PA

2010 Dodge Nitro– Full repurchase! Client gets all their money back! — Absecon, NJ

Kimmel and Silverman is proud to have provided cost-free lemon law and breach of warranty help to over 58,000 consumers since 1991 and we would love to help you.  As our jingle goes: “Driving A Lemon?  Make The Call to chases1-800 LEMON LAW!”

It is extremely rewarding when our lemon law attorneys are recognized by their peers, and for the seventh year in a row, Kimmel and Silverman founding attorneys Craig Thor Kimmel and Bob Silverman have been featured as Pennsylvania Super Lawyers in the Consumer Law division.

In addition, Managing Attorney Jacqueline Herritt has been named to the list for the fourth year in a row, and two of our associates, Amy Bennecoff and Richard Scholer, have been named Rising Stars in the Pennsylvania Legal Community. Kimmel and Silverman is proud to have more more consumer attorneys honored than any other firm in the State.

The findings are published in the June 2010 edition of Philadelphia Magazine. More than 34,000 attorneys were asked to vote for the most effective counsel they have personally observed in action. Kimmel and Silverman were recognized among the top 5% of all attorneys statewide for building Pennsylvania’s oldest and largest full-service lemon law firm, and assisting more than 55,000 distressed drivers across the Northeast with cost-free legal representation.

Kimmel & Silverman has an extensive history helping consumers and distressed drivers throughout the Keystone State, most notably as  the only lemon law firm in the state to work with the House of Representatives in expanding the Pennsylvania Lemon Law to include leased cars and tighter title provisions for used cars. The firm has also testified on bills to include additional protection for Pennsylvania consumers with motorcycles and recreational vehicles. In addition, when Chrysler was restructured and purchased by Fiat, attorneys Bob Silverman and Amy  Bennecoff worked with Chrysler counsel Jones Day and Fiat counsel Sullivan Cromwell to revise the Master Sales Agreement between the two companies to include specific language which protects past, present and future Chrysler, Dodge and Jeep drivers who suffer repetitive defects with their vehicles.

To read the entire press release, click here.  We extend our sincere thanks to the many lawyers throughout Philadelphia, Pittsburgh and all parts of the State who found our lawyers worthy of this honor.

Since 1991, Kimmel & Silverman has prided itself in protecting consumer rights, starting with providing free lemon law help to consumers in the Philadelphia, PA region and building throughout Pittsburgh, and then New Jersey, Delaware, Maryland, Massachusetts, Ohio, New Hampshire and Connecticut.  Since our inception, we have handled over 50,000 lemon law and breach of warranty claims, more than any other lemon law firm in the Nation.  It is an accomplishment we are extremely proud of.

So, without any further adieu, here are some of the highlights from our first quarter. These are consumers who realized they had rights and were entitled to monies for their problems they have encountered.  They put their faith in our firm and we are very grateful.

2007 GMC Arcadia — opened 1/9/09, resolved 2/11/09–FULL REPURCHASE plus attorney fees.

2007 Suzuki XL7 — opened 1/28/09, resolved 2/16/09 — FULL REPURCHASE, plus attorney fees.

2008 Chevrolet Malibu — opened 2/9/09, resolved 3/24/09 — FULL REPURCHASE plus attorney fees.

2008 GMC Arcadia — opened 1/21/09, resolved 2/13/09 — FULL REPURCHASE, plus attorney fees.

2007 Mazda CX7 — breach of warranty, first problem reported at 29,000 miles–$5,500 plus attorney fees, and  the client keeps their car.  opened 1/2/09, resolved 2/12/09.

2008 Mazda CX9 –breach of warranty, first problem reported over 30,000 miles–$6,000 plus attorney fees, and the client keeps the car.  opened 1/5/09, resolved 2/12/09.

Used 2005 Pontiac Grand Prix with 50,000 miles –breach of warranty –$4,000 plus attorney fees, and the client gets to keep the car.  opened 1/2/09, resolved 2/5/09.

2004 Volvo S40 — breach of warranty, first problem occurred at 40,000 miles — $5000 plus attorney fees, and the client gets to keep the car.  Opened 1/6/09, resolved 2/9/09.

2008 Dodge Caliber — opened 2/2/09, resolved 3/25/09 — FULL REPURCHASE plus attorney fees.

2009 Lexus RX350 — opened 2/16/09, resolved 3/9/09 — FULL REPURCHASE plus attorney fees.

2006 Hyundai Sonata –opened 12/19/08, resolved 2/9/09 — 2009 REPLACEMENT VEHICLE plus attorney fees.

Used 2006 Mazda Speed 6 –purchased with over 60,000 miles — $6,000 plus attorney fees plus client gets to keep the car. opened 1/5/09, resolved 2/5/09.

Leased 2008 Ford F250 — $4,000 plus attorney fees — opened 1/6/09, resolved 1/26/09.

2007 GMC Sierra — opened 2/5/09, resolved 3/6/09 — FULL REPURCHASE plus attorney fees.

Leased 2007 Saturn Outlook — $6,000 plus attorney fees — opened 12/26/08, resolved 2/3/09

Used 2004 BMW M3–purchased with 67,000 miles — $4,500 plus attorney fees and the client keeps the car. opened 12/19/08, resolved 2/11/09.

Used 2006 Infiniti FX35 — opened 1/29/09, resolved 2/26/09 — FULL REPURCHASE plus attorney fees

2008 Saturn Vue –opened 12/16/08, resolved 2/9/09– FULL REPURCHASE INCLUDING EXTENDED WARRANTY plus attorney fees.

Leased 2008 Jeep Liberty — $6,750 plus attorney fees — opened 12/11/08, resolved 2/17/09.

2007 Dodge Caravan — opened 12/9/08, resolved 2/4/09 –FULL REPURCHASE plus attorney fees.

2006 Toyota Rav 4– opened 1/2/09, resolved 3/3/09– FULL REPURCHASE plus attorney fees.

Think you have a lemon?  Feel free to e-mail us and see if you qualify for free lemon law or breach of warranty help.

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                                                                                 

I know we have covered this before, but I need to cover it again.  Regardless of whether Kimmel & Silverman handles your claim or not, you should NEVER pay any upfront fees or retainers to a consumer attorney in any case dealing with lemon laws, warranty laws, or dealer fraud.

The laws are written in a way so that attorneys can recover their fees and costs upon prevailing.  If any attorney is asking you for an upfront fee, that illustrates that either a) they are not fully educated on the statutes needed to win your case or b) they are not entirely confident you are going to prevail.  Neither option sounds very comforting to us.

Just today, we received an inquiry from a consumer who appears to be stuck in a spot delivery situation.  She is not in a position yet where we can get fully involved as counsel.  However, before us, she contacted numerous attorneys.  One of them decided to take it upon himself to write a letter to the dealer and told her “if his letter results in something, she owes him $1,000.”  What???? She told him she couldn’t afford the $1,000 (who can in this society and why should you have to throw good money after bad?) and he said “oh, you can pay me in monthly installments.”   $1,000 for a letter????? Are you out of your mind?  Oh, by the way, she never was asked to sign any sort of document confirming she owed them $1,000 and she didn’t see the letter until it was sent to the dealer.  Now, she’s stuck.  Even if she does get her way, and gets to keep her car at the finance rate outlined in her sales contract, she is now out another $1,000.  The laws are not written that way!!!!  As consumer advocates for 18 years now, this really upsets us.

Please, before you agree to pay anyone anything, contact us and explain your situation.  We may not be able to do something immediately, but we will provide assistance to get the matter resolved as soon as possible.  Ok, off the soapbox and back to work…..

Lemon Law Attorneys Bob Silverman and Jacqueline Herritt were featured on WYOU TV Interactive News last night, discussing consumers rights under the Pennsylvania Lemon Law and the Federal Magnuson Moss Warranty Act.  The program also offered viewers the chance to call in and discuss their lemon horror stories with Kimmel and Silverman staff members. You can watch the video here.

In the meantime, here is a quick refresher on the PA Lemon Law:

• The first problem must occur in the first 12 months or 12,000 miles, whichever comes first. (If the problem occurs after the first 12 months, the consumer would have a claim under Federal Law.)
• The problem must significantly affect the use, value or safety of the vehicle.
• The problem must occur three times (or more) under the manufacturers warranty.
• OR the car should be in the shop 30 or more days in the first year and they don’t need to be consecutive.
• Maximum remedy under the PA Lemon Law is a new car (MSRP to MSRP swap), or a complete buyback of the car, including finance charges, taxes and tags, minus a small mileage offset based on the mileage when the problem was first reported. 
• A consumer could also receive monetary damages to reflect the diminished value of the car as a result of the problems suffered, plus they get to keep their car.  The car’s warranty remains in effect; the consumer does not need to disclose that they received money at the time of trade or sale; and the car is NOT branded a lemon on carfax or autocheck.
• Motorcycles and used cars are not covered, however if the vehicles are in the shop three or more times under warranty for the same problem, they could qualify for monetary recourse under the Federal Law. 
• Legal help is completely cost-free under both the State and Federal Laws.  If the consumer prevails, the manufacturer must pay all attorney fees and legal costs ON TOP OF what the consumer receives. If a lemon law firm does take your case, they should not charge you if you do not prevail.  Therefore, fighting for your rights under the Lemon Law is cost-free and risk-free.

If you have any additional questions regarding the Pennsylvania Lemon Law, click here.  To read about Lemon Laws in other states, click here.

We are very proud of our website. Since it’s inception over ten years ago as the first site dealing specifically with lemon law and breach of warranty rights, we have provided information to more than 20 million visitors.  We have been recognized by many organizations for providing comprehensive and useful information to both distressed drivers who already have a lemon car and potential car-buyers who are looking to buy a car without being taken for a ride.

That being said, it often surprises us when folks reach out to us for assistance and information, and then proceed to tell us that they think they will be able to handle it on their own through the dealership.  That would be okay–if the dealer was the defendant, but they are not.  In most cases, dealerships have NO authority to offer a consumer a buy back or an MSRP to MSRP swap (not a trade, but a swap). In addition, most consumers have

**NO access to the manufacturer’s legal counsel.  Sure, you can call the customer service hotline and receive a case number, but what does that mean?  And, who are you talking to on the other line? In most cases, this is a pacifier.

**NO true knowledge of the last chance letter we frequently see on websites. Consumers should not send a last chance letter on their own.  Why are you only giving the consumer one last chance to fix the problem, when there is no guarantee that you will get a new car or buyback.  This is a law; it is not a guarantee.  Plus, you are creating a hostile environment between you and the dealership.  You need to speak to a lawyer first before issuing such a letter. 

**NO access to technical service bulletins, recalls, or case study to determine if the problems you are experiencing are common among the masses.  Plus, law firms offer ASE-certified experts who will write expert reports on cars and their conditions–at NO COST TO THE CONSUMER.

**NO ability to enforce the Magnuson Moss Warranty Act.  Yes, dealers are required to discuss the Lemon Law with you when you purchase a car.  But, if your problems fall outside the lemon law provisions, ask them about the Mag Moss and they will stare at you like you are speaking another language?  Do you think the dealer is going to offer you thousands of dollars to reflect the diminished value of the car? No and they are not required to.  If you have a car with 50,000 miles on it, what can a dealer do for you?  An oil change, a monthly payment, at the most an extended warranty, but you are entitled to SO MUCH MORE.

Our goal is to educate you about your rights so that you will enforce them if you need to.  However, the beauty of these laws is that they offer provisions which put you on EQUAL FOOTING with the billion-dollar manufacturers?  These provisions provide completely free legal help, either through us or another Firm.  Take advantage of them.  Let those who are more knowledgeable help you.  I can’t tell you the number of folks who tried to do this on their own, failed, and then virtually voided their rights.  If you are going to fight, make sure you have someone in your corner who knows how to battle. OK, I’m stepping off my soapbox now.

A quick programming note for viewers in the Delaware Valley–Craig Kimmel will be discussing the 2008 Car Complaint Index and the Center for Auto Safety’s Best Bets tonight on the Fox 29 News at 5.

Lemon Aid

Driving a clunker?  There is help.

By Dan Sokil (staff writer)

Norristown Reporter

February 9, 2008

Maybe you’ve heard a catchy tune, or seen a commercial on TV about it.  But what exactly are you supposed to do if you find yourself driving a “lemon”? Roy “Duke” Milner of Lansdale knows first-hand the problem that can occur. He was having problems with a 2005 Cadillac XLR. “I purchased this Cadillac, new, and everything was fine with it for not quite a year,” said Milner.  “Then all of a sudden the trunk was leaking.”

“I returned it to the dealer at least five times, and it was in the shop for about 45 days total, and they just didn’t seem to be able to fix it,” Milner said.

After explaining his situation to Kimmel & Silverman, who filed a Lemon Law case against the manufacturer, Cadillac quickly reached a settlement with the law firm and Milner was able to purchase a new car.

“It took two weeks at most; I was very satisfied,” said Milner.  “I was somewhat apprehensive about this, and didn’t think it would get resolved, but was very pleased that it did.”

Pennsylvania’s Lemon Law, according to Kimmel & Silverman’s website LemonLaw.com, “applies to new cars that suffer a nonconformity; a defect or condition, which substantially impairs the use, value or safety; that cannot be repaired after three attempts by an authorized manufacturer’s dealership.”

However, several requirements must be met first.  The defect must have occurred within one year or 12,000 miles of purchasing the car, or the terms of the manufacturer’s warranty, whichever comes first. The defect must substantially impair the use, market value, or safety of the car.  It also cannot be the result of an accident, abuse, neglect or alteration of the car by someone other than the authorized dealer.

The manufacturer must also attempt three times to repair the defect, or the car must be out of service for a total of 30 calendar days, before a Lemon Law case may be brought. 

However, according to attorney Bob Silverman of Kimmel & Silverman (which runs the website LemonLaw.com), contacting the manufacturer yourself is not as successful as it once was. “Most manufacturers are cutting so many employees these days,” said Silverman, “that we’re hearing from our customers that they’re merely being patronized, and that just makes things worse.

Since Lemon Law firms like Kimmel & Silverman have direct access to manufacturer’s legal departments, he added, cases represented by firms that specialize in Lemon Law cases are often resolved more quickly. That proved to be the case for Mallory Durrick of North Wales, who purchased new Nissan Versa in May 2007.  The auto quickly developed a water leak and then a mold problem on the front passenger floor.

“They determined first that there was a leak in the seal of the windshield,” said Durrick, “and fixed it, said they were 100 percent satisfied with the repair.” About a month later, on the way to a regular oil change, Durrick noticed the problem had returned.

“I couldn’t believe it.  They kept my car for 32 days,” Durrick said, ultimately finding a leak in an air conditioning line.

“When they ripped up the seats and carpeting, the seats of the car were covered in green and black mold,” said Durrick.

After third-party testing by NAL East Environmental Services of Feasterville confirmed the high levels of mold in her vehicle, Durrick tried to contact the manufacturer through the dealership where she purchased the car.

“Nissan was refusing to help me, but Montgomeryville (where she purchased the car) was great,” said Durrick, who filed a Lemon Law case with Kimmel & Silverman.

They reached an agreement with Nissan to buy back Durrick’s car, and she recently returned it.

“I didn’t find it to be difficult at all,” she said.  “Since the Lemon Law protects the consumer, all of the legal costs were paid by the manufacturer.”

That cost protection is the key to protecting consumers, said Silverman. “The reason why (Pennsylvania) decided to make litigation free to consumers,” Silverman said, “is because they realize how important it is to level the playing field, between these big manufacturers and consumers.”

Thanks to the world wide web, anyone can promote their services on-line and programs, such as google adwords, enables law firms to target specific terms and pay to appear under these terms. The disturbing fact is that folks can write anything in their ads that they want–there is no control or protocol. Earlier this week, our office manager received a phone call from a new law office opening in one of our states. The paralegal who called requested names and contact information for all the manufacturers and the opposing counsel. They did not plan to do any research; they were hoping to ride on our coattails and take the information we have built for our clients and our Firm over the past seventeen years we have been practicing in the state. What’s even more upsetting about this story is that if you look at the lawyer’s ad on google, it reads that they have 20 years experience. Yet, in the state they are advertising, they have none! So, be careful, ask questions, be weary of one page websites, and know who you are hiring.

For more information, see the whole article here: Lemon Law Firms Are Not All Created Equal

Looking for a quick, informative TV feature outlining your rights under the Lemon Law?  Check out a great piece by Fox Philadelphia consumer reporter Michelle Williams by clicking here!