June is not over yet but so far, more than 200 Kimmel and Silverman clients have resolved their lemon law and breach of warranty claims, ending up on the road to recovery following their “sour” experience.  If you have been back in three or more times under a manufacturers warranty for the same problem, or your car has been in the shop an extended period of time, it is important to look into your State and Federal rights.  Give us a call at 1-800 LEMON LAW or drop us a line and we will be happy to review your situation and if/how we can help.  As always, our representation is 100% cost-free, with the manufacturer paying all attorney fees on top of what the consumer receives.

Here are some highlights from this month:

2007 Dodge Ram – check engine light on numerous times.  COMPLETE REPURCHASE. Eastford, CT

2008 Suzuki XL7 – check engine light on numerous time. COMPLETE REPURCHASE.  Harborcreek, PA

2010 Audi A4 – rumbling when starting, problems shifting. COMPLETE REPURCHASE.  Lancaster, PA

2010 Jeep Patriot – water leak. COMPLETE REPURCHASE. Nicholson, PA

2007 Buick Terraza – sliding door problem.  $10,500 plus they keep their car. Brick, NJ

2011 Hyundai Sonata – gas smell. NEW CAR. Souderton, PA

2009 Mercedes SL-63 – no start. $18,000 plus they keep their car.  Eighty Four, PA

2006 Pontiac G6 – check engine light on numerous times. $5,000 plus they keep their car.  Erie, PA

2007 Suzuki XL7 – check engine light on numerous times. $4,000 plus they keep their car.  Pittsburgh, PA

2007 Jeep Commander (used) – check engine light on numerous times. $4,750 plus they keep their car. Maple Heights, OH

2009 Chevrolet Suburban – steering problems.  $ 6,000 plus they keep their car. Philadelphia, PA

2009 Infiniti G37 – problems with convertible top.  COMPLETE REPURCHASE.   Closter, NJ.  Case Resolved In Less Than 2 Months!

2008 Cadillac STS – vibration problem.  $6,500 plus they keep their car. Lakewood, NJ

2008 Buick Enclave (used) – sunroof leak. $6,000 plus they keep their car. Imperial, NJ

2008 Subaru Impreza – film on the windshield.  $6,000 plus they keep their car.

2009 Nissan Maxima – heated seat malfunction.  $5,000 plus they keep their car.  Red Hook, NY

2010 Chrysler Town & Country – died while driving.  COMPLETE REPURCHASE.  Hamilton, NJ.  Case Resolved In Less Than 3  Months!

2011 GMC Terrain – check engine light numerous times. COMPLETE REPURCHASE.  Manchester, NH.  Case Resolved In 18 Days!

2008 Chevrolet Silverado – brake problems. $4,700 plus they keep their car. Chalfont, NJ

2006 Ford F350 with 80,000 miles – engine problem. $6,500 plus they keep their truck. Trevose, PA

2011 Toyota Tundra – oil consumption.  NEW CAR. Knoxville, TN.  Case Resolved In 30 Days!

2006 Ford Expedition – transmission problem. $4,000 plus they keep their SUV. Holland, PA

2009 Hummer H3 – water leak.  $4,500 plus they keep their SUV.  Lyndhurst, OH

2010 Ford F-150 – rear differential problem. $6,500 plus they keep their truck. Harrison, NJ

2010 Dodge Journey – front end vibration. COMPLETE REPURCHASE. Pittsburgh, PA

2008 Jeep Patriot – water leak. NEW CAR. Traverse City, MI

2011 Mini Cooper – convertible top problem. NEW CAR. Clarks Summit, PA

2011 Volkswagen Touareg – check engine light numerous times. NEW CAR. Sicklerville, NJ

2010 GMC Arcadia – brakes and paint problems. COMPLETE REPURCHASE. Indiana, PA.   Case Resolved In Less Than 15 Days!

2010 Dodge Caliber – water leak. NEW CAR.  Knoxville, TN.  Case Resolved In Less Than 2 Months!

2010 Chevrolet Malibu – airbag light on numerous times. COMPLETE REPURCHASE.  Pittsburgh, PA.  Case Resolved In Less Than 3 Months!

2011 Chevrolet Camaro – airbag light on numerous times. COMPLETE REPURCHASE. Tannersville, PA

2010 Ford Escape – all dash lights came on, loss of power. COMPLETE REPURCHASE.  Haledon, NJ

2009 BMW 328 convertible – water leak. NEW CAR. Brooklyn, NY

2008 Ford F-450 (used) – loss of power.  Over $9,000 plus they keep their truck. McIntyre, PA

2009 Toyota Rav4 – water leak.  COMPLETE REPURCHASE. Port Reading, NJ

2010 Ford F-250 – no start problem.  $5,500 plus they keep their truck. Phialdelphia, PA

2009 Cadillac CTS – steering problems. $5,000 plus they keep their car. Marlton, NJ.  Case Resolved In Less Than 2 Months!

2008 Saturn Astra – check engine light on numerous times.  COMPLETE REPURCHASE.  Toledo, OH.  Case Resolved In Less Than 2 Months!

2009 Saturn Outlook (used) – steering problem. $ 5,000 plus they keep their car. North Versailles, PA

2011 Toyota Tacoma – airbag light on numerous times. COMPLETE REPURCHASE. Litchfield, CT. Case Resolved In Less Than 30 Days!

2010 Dodge Journey – water leak. COMPLETE REPURCHASE. Mechanicsburg, PA.  Case Resolved In Less Than 2 Months!

Are you driving a lemon?  Join more than 65,000 distressed drivers who have made the call to 1-800 LEMON LAW!

It’s the number one question that comes through the 1800 LEMON LAW hotline “Do I have a Lemon?” Because each state has different Lemon Laws, we’ve devised a quick online questionnaire to help folks with this process.  While it’s sometimes a fairly complex process to figure out if you are driving a lemon car, we’ve simplified it down to the basics to help satisfy most consumers in addition to being available to answer any specific question as needed.

We created this lemon law web application to give people a better insight into the qualifying process. Often folks can be a little shy about reaching out, and we know it sometimes is fearful to go after the billion-dollar automobile companies. This new app provides distressed drivers the key they need to rev up their consumer rights.

Let’s review some important components of this questionnaire by answering a few questions and reviewing the overall process.

Driving a Lemon Questionnaire

We made sure to keep the page clean and uncluttered to ensure that the questions were the main focus. You’ll also notice that we have incorporated some social media elements to make it easy to share with your own network. We’ve also incorporated some tips to help consumers as they answer questions along the way.

The first qualifying point we ask is whether the consumer purchased their car New or Used. All states have a Lemon Law for new cars while some offer protection for used cars. There is also a federal law that protects consumers of used cars which is called the Magnuson Moss Warranty Act and covers all items that fall under an original or extended manufacturers warranty. We’ll choose “New”.

State Lemon Laws Vary

As we explained earlier, Lemon Laws vary from state to state. Some states have similar qualifications, while others are completely different. New Jersey requires only 1 repair attempt for a defect that may cause death or serious injury while Massachusetts requires 4 repair attempts for the same defect before they qualify. Pennsylvania’s  coverage period is 1 year or 12,000 miles while New Jersey is 2 years or 24,000 miles. This is why we need to ask where you purchased your vehicle. Our corporate headquarters are in Pennsylvania so we’ll choose that.

Pennsylvania Lemon Law Qualification

So the Pennsylvania Lemon Law qualification is when a car is within its warranty period, 12,000 miles or 1 year of purchase. Well it just so happens that my car is indeed within this criteria so I’ll answer “Yes”

Again the number of repair attempts vary as well as the number of days out of services. Some include calendar days, others are only business days. Some require 4 repair attempts, others only 1 if they are deemed to be injury-causing. My car has had 3 repair attempts for the same issue so I’ll answer “Yes”.

It looks like I qualify for the Lemon Law and should pursue my case. Due to the fact that it is free for me, I’m going to have Kimmel & Silverman take care of my case so will need to fill out this online form with all my details.

Yipee, I do qualify for the Lemon Law in my State

So it took me about 3 minutes to complete the Driving a Lemon survey to find out if I actually have a lemon and then another five minutes to fill out the Get Rid of your Lemon online form and the process begins! After only a few days online, we’ve seen over 1000 visitors to the survey and more importantly, have helped consumers to be more aware of the Lemon Laws and how they are used to protect us.

If you are not certain whether you qualify for the Lemon Law, go ahead and check out our new online Driving a Lemon application. It’s only 3-5 minutes and may well save you weeks, months or years of agony.

A couple months ago, we were contacted by Chris Cuomo’s producers at ABC’s  Nightline regarding a story on the high pressure fuel pump problem occurring in many BMW Turbo vehicles, including the 135i, 335 i, 535 i, and x6 models.  Together with an amazing consumer advocate, Allison Mangot, who had two BMWs with high pressure fuel pump problems– both bought back by the manufacturer, we helped the producers put together a segment which would shed significant national light on a problem which has been plaguing many BMW drivers for years.  Of course, readers to the lemon law blog know that we have been promoting this issue for quite a while. In fact, Kimmel and Silverman has successfully resolved numerous claims regarding with this problem, throughout Pennsylvania, New Jersey, New York, Ohio, Maryland and New England, with our clients receiving anywhere from significant monetary compensation in the thousands, to complete repurchases.  We were proud to not only see 1-800-LEMON-LAW Founding Partner Bob Silverman featured in the story, but also our very own blog and the many comments left behind by its readers.

The story has resulted in a major national recall, affecting hundreds of thousands of BMW vehicles.  All those affected should be receiving notification soon. But one would wonder why it has to take a national news story to force the manufacturer’s hand?  And also, we are questioning whether this recall will actually be the end-all, be-all to what could be a dangerous problem. We can’t even count the number of clients who have been left stranded on the road not just once, but sometimes three, four, or  five times.

The fact also remains that even with this recall, BMW drivers do have rights under State Lemon Laws and Federal Warranty Laws.  We encourage those who have been in repeatedly for the high pressure fuel pump to consider legal actions against the manufacturer. You paid a very high premium for this vehicle and you certainly did not get what you paid for.  As you know, legal representation under the Lemon Law and Federal Magnuson Moss Warranty Act is completely cost-free with BMW paying all attorneys fees and legal costs on top of what you receive if you prevail. With our firm,there is no cost or risk to filing a claim, win or lose.  For more information, please e-mail us or give us a call at 1 800 LEMON LAW (1-800-536-6652) or contact another consumer attorney to determine if your situation applies and if you are entitled to remedy. Additional information regarding this problem can also be found at bmwproblems.com.

We would like to hear your thoughts regarding the story which follows.  And for those who do have the recall performed, we are interested to hear if you are still having problems after.  Our sincere thanks to Lauren Pearle, Chris Cuomo and  the talented production team at ABC News, and to Allison Mangot for ensuring that we were part of this effort.

Do you think you are driving a lemon car?  Check out Peter Cohan’s excellent AOL Daily Finance article “What To Do If Your Car Is A Lemon” featuirng 1 800 LEMON LAW founding partner Bob Silverman.

We are getting more and more calls on the 1-800 LEMON LAW hotline from distressed drivers who are waiting for parts that are on back order.  They can’t understand why it takes so long to get their car fixed, and they are fed up with driving a loaner car for a month or more while they are awaiting the arrival of their part, normally from abroad.

So, why is this occurring and is there anything we can do about it under State Lemon Laws and/or the Federal Magnsuon Moss Warranty Act?

As we have previously reported, when the companies were trying to cut costs in the troubling economy, they closed down many of their factories.  The end result is that in many cases, they do not have the materials and manpower to ensure that parts are available in a quick and timely manner.  It’s the nature of the beast and no matter how hard they try to fix this situation, there is very little they can do.  If you have a problem that is not occurring in many vehicles, they are not prepared because they are not laying out funds to have parts just sit around.If it is regarding a problem that is occurring in a number of cars, they simply cannot fulfill the demand.

So, if your part is on back order and you find yourself without your car for a long period of time, what can be done?

The good news is most State Lemon Laws define a lemon as a car that is in the shop for an extended amount of time within a set period.  The Pennsylvania Lemon Law, for instance, defines a lemon as a car that is in the shop 30 or more days within the first 12 months or 12,000 miles.  The New Jersey Lemon Law defines a lemon as a car in the shop 20 or more days within the first 24 months or 24,000 miles.  To check out your state’s statute, click here.  In most cases, these days do NOT have to be consecutive, nor do they have to be for the same issue.Make sure sure that when your car is finally ready that you receive a repair invoice which clearly outlines the amount of time that car was in the shop.

Then contact us or another consumer attorney to look into your rights under the Lemon Law.  Under the Law, you may be entitled to a new car or complete repurchase. Even if the car is fixed you could be looking a significant monetary compensation to reflect the diminished value of the car (plus you would get to keep the vehicle.)  It’s really important that you know your rights and you fight for what is yours, especially since the the legal representation is free.

So what if you fall outside of the Lemon Law parameters, but your car is still sitting in the shop wasting a month or two away.  Please still get in touch with us.  We have successfully argued that this is a violation of the manufacturers warranty and we have been able to assist many consumers with monetary damages for breach of warranty as a result.

Sometimes, an item is so important that it’s worth repeating.  The fuel pump issue with BMW 3-series vehicles  is on the rise and we have successfully resolved numerous lemon law and breach of warranty claims since we initially posted the issue last October.

BMW is working hard to come up with a fix to the problem, however that has not prevented consumers from having to return to the shop countless times to address the situation.  The company has extended the warranty on the part, but we have also seen instances where the service adviser is blaming the problem on “bad gas,” which we do not feel is a suitable explanation.

Regardless of whether the service department can duplicate the problem or not, it is essential that they give you a repair invoice each and every time you complain of the problem.  Fuel pump failure can lead to stalling so it is essential that you continue to bring the matter to your dealer’s attention if you feel it is not being properly addressed.

If you are experiencing fuel pump problems with your BMW and have questions about your lemon law rights, drop us a line at Lemon Law. Com or give us a call at 1-800 LEMON LAW (1-800-536-6652) and we will be glad to discuss the situation with you.

I hope I don’t sound like a broken record, but we cannot stress the importance of repair invoices. A young lady called today on the 1800 LEMON LAW hotline  to complain about the water leaks in her Jeep–she has been there too many times to count.  Now, anyone who reads our blog knows that we are very familiar with the problem and can help her.  We just need her to provide proof of her repairs. That’s where the problem lies-the dealer never gave her repair invoices.

Every time you pick up your car from a warrantied repair visit, it is essential that you receive an invoice which outlines the mileage in, mileage out, the complaint and the solution.  Could they duplicate the problem?  Were parts replaced?  Were codes found?  Is your problem related to a technical service bulletin, known as a TSB?  Were recalls performed?  Were these repairs covered internally by the dealer, under the manufacturers warranty, or were they the responsibility of the consumer? The answers to these questions could make or break a lemon law or breach of warranty claim.

Invoices provide proof of a continuous defect and illustrate that the problem was so severe that you had to return to the dealer time and time again. In addition, the invoices and repair histories can actually strengthen a claim.  We frequently ask potential clients to fax over their repair invoices so we can have them reviewed by one of our ASE-certified experts (we have three full-time mechanics on staff).  Sometimes, problems are related and the consumer has absolutely no idea.  This afternoon alone, we took two cases dealing with issues that may not have seem related to the “every man,” but our mechanics discovered the pattern immediately.

So, I know that we all dislike clutter, but do yourself a favor and hold on to those invoices.  Throwing them away could turn out to be very costly in the long run.

It’s time again for us to provide a roundup of recent refunds, repurchases and replacements.  Under the State Lemon Laws and the Federal Magnuson Moss Warranty Act, all of our clients receive completely cost-free legal help, with the manufacturers covering the legal fees ON TOP OF what our client receives.  We are very proud of our efforts and encourage you to reach out to us at 1-800 LEMON LAW (1-800-536-6652) or via e-mail  if you think your vehicle may qualify for remedy.   Here we go….

2008 Dodge Dakota, Replacement Vehicle  — Newark, DE

2008 Audi A5, $6,500 cash plus client keeps their car — Jenkintown, PA

2009 Chevrolet Impreza, Replacement Vehicle — Telford, PA

2007 Hyundai Santa Fe, $5,000 plus client keeps their car — Cranbury, NJ

2008 Volkswagen Rabbit, Complete Refund — Greenwich, CT

2008 Buell Blast Motorcycle, Replacement Bike — Aberdeen, MD

2009 Infiniti G37, Complete Refund — Randolph, NJ

2007 Cadillac Escalade (70,000 miles), $5,500 cash plus client keeps their car — Bloomfield, NJ

2008 BMW 5-series, Replacement Vehicle — Perrysburg, OH

2008 Chrysler Sebring, Complete Refund –Somerville, MA

2008 Ford Ranger, $8,000 cash plus client keeps their car — Spring Grove, PA

2008 BMW 335i, $18,500 cash plus client keeps car and receives 7 yr/100k extended warranty- West New York, NJ

2008 Ford F250, $5,000 cash plus client keeps their truck — Rome, NY

2009 Honda Accord, Replacement Vehicle — York, PA

2009 Chevrolet Silverado, Replacement Vehicle — New Galihee, PA

2007 Audi Q7, Replacement Vehicle — Middletown, DE

2007 Pontiac G6, Complete Refund — Oceanside, NY

2008 Jeep Patriot, Complete Refund — Uniontown, PA

2005 Land Rover Range Rover, $6,500 cash plus client keeps car — Richboro, PA

2009 Dodge Challenger, Complete Refund — Brick, NJ

2008 Jeep Liberty, Complete Refund — Clarksville, PA

2008 Smart Car Cabriolet, Replacement Vehicle — Findlay, OH

2007 Hyundai Entourage, Complete Refund — Holbrook, NY

2006 Suzuki Forenza, Complete Refund — Elkins Park, PA

2009 Volvo S80, $7,500 cash plus client keeps their car — Frederick, MD

2008 GMC Arcadia, $5,000 cash plus client keeps their car — Boston, MA

2007 Toyota Camry, Complete Refund — Pikesville, MD

2008 BMW 335i, Replacement Vehicle — Old Bridge, NJ

2007 Mercedes Benz ML320, Complete Refund — River Vale, NJ

2009 Mazda 6, $6,500 cash plus client keeps their car — Elizabeth, NJ

2009 Audi A5, Replacement Vehicle — Hamilton, NJ

2008 Jeep Wrangler, Complete Refund  — Pisacataway, NJ

2009 Audi S5,  Replacement Vehicle –Boston, MA

2008 Mazda CX7, $5,000 cash plus client keeps their car — Monroeville, PA

2008 Dodge Ram, Complete Refund –Rural Valley, PA

2007 Moto Guzzi Motorcycle, Complete Refund — Flemington, NJ

2007 Chevrolet Silverado, $6,850 cash plus client keeps their car –Brooklyn, NY

2007 Jeep Compass, Complete Refund — Lancaster, PA

2008 Chevrolet Avalanche, $8,000 cash plus client keeps their SUV — Oliver, PA

2007 Hyundai Veracruz, Replacement Vehicle — Glassboro, NJ

Driving a lemon?  Join the more than 60,000 distressed drivers who have made the call to 1-800 LEMON LAW!

Imagine buying one of those hot new Chevrolet Camaros.  You are cruising down the highway, enjoying every minute, when all of a sudden, the car won’t go into first gear or reverse.  The dealership identifies the problem and points to the clutch slave cylinder.  Apparently, there are a number of Camaros across the nation with the exact same problem. The good news is they know how to fix it; the bad news is you are going to be without your car for a little while….well more than a little while…..over a month….at least….maybe two months….but we will give you a loaner.

As a result of the troubling economy, closed factories and less dealerships, many consumers are hearing the term “National Back Order”  There is nothing you can do, other than sit back and wait the days, weeks, months until your part comes in and your car is fixed, right?

WRONG!  When you purchase a car with a manufacturers warranty, it is supposed to guarantee that your car is fixed efficiently and effectively and if it is not, you are entitled to recourse.  Under each of the State Lemon Laws we handle, you are entitled to file a claim if your car is out of service for an extended period of time, and that includes if a part is on back order.  In addition, these days do not have to be consecutive.

Under Pennsylvania Lemon Law, it’s 30 days within the first 12 months or 12,000 miles (whichever comes first).

Under New Jersey Lemon Law, it’s 20 days within the first 24 months or 24,000 miles (whichever comes first).

Under Delaware Lemon Law, it’s 30 days within the first 12 months of ownership.

Under Massachusetts Lemon Law, it’s 15 business days within the first year.

Under Maryland Lemon Law, it’s 30 days within the first 15 months of ownership.

Under Ohio Lemon Law, it’s 30 days within the first year of ownership.

Under New Hampshire Lemon Law, it’s 30 days within the manufacturers warranty period.

Under Connecticut Lemon Law, it’s 30 days within the first 24 months or 18,000 miles (whichever comes first).

Under New York Lemon Law, it’s 30 days wtihin the first 24 months or 18,000 miles (whichever comes first).

AND, EVEN IF THE CAR IS FIXED, the consumer still may be entitled to significant monetary compensation to reflect the diminished value of the car, PLUS they get to keep the vehicle.

For more information on what what you should you do if you are waiting for a part on national back order, drop us a line or call us at 1-800 LEMON LAW (1-800-536-6652).

As previously reported in the Lemon Law Blog on June 4th, General Motors intends to accept responsibility for all lemon law and breach of warranty claims of past, present and future leases and sales.  A Reuters report confirmed General Motor’s responsibility, as the manufacturer moves forward with a bid to win court approval to reorganize the company.

The new GM would be 60 percent owned by the US government, 17.5 percent by the United Auto Workers union and 11.7 percent by the governments of Canada and the province of Ontario.   Under the reorganization plan, the new company would be created by late August.

In the meantime, we are moving forward with all General Motors lemon law and breach of warranty claims, including Pontiac, Chevrolet, Buick, GMC, Hummer, Saturn, and Cadillac. We currently have a system in place where we can advocate quickly for our clients’ rights, with cases being expedited efficiently.  We have been assured that GM is committed to making sure this continues and we applaud the company for continuing to make consumers’ rights a priority. Remedies include full repurchase, or full or partial refunds and as always the legal help is completely cost-free. 

For the sixth year in a row, Robert M. Silverman and Craig Thor Kimmel have been named Pennsylvania Super Lawyers in a survey conducted by Law & Politics Magazine. In addition, Jacqueline Herritt, Managing Attorney for the Firm and a 11-year lemon law veteran, has also been named to the list for a third year running. Kimmel & Silverman is proud to have more Consumer Lawyers named to the list than any other Firm in the State.

The findings are published in the June 2009 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 50,000 distressed drivers across the Northeast with cost-free legal representation.

Read the full article here: Pennsylvania Super Lawyers

Good news for GM Owners–In the company’s proposed Master Transaction Agreement, it specifically says that GM “will continue to accept all liabilities under express written and limited new vehicle warranties, certified used vehicle warranties, and pre-owned vehicles warranties delivered in connection with the sale of new, certified used, or pre-owned vehicles manufactured or sold by Sellers or Purchaser prior to or after the closing.”

What does that mean exactly?  It means that unlike the previous Chrysler bankruptcy, where lemon law representation was temporarily stayed and settlement checks were bounced, General Motors is still devoted to assisting any clients who suffer repeated problems under warranty, knowing that continued customer loyalty will result in a resurgence of the brand.

Our Firm is still handling lemon law and breach of warranty claims for all General Motors drivers in Pennsylvania, New Jersey, Delaware, Ohio, New York, Connecticut, Massachusetts, and New Hampshire. We have a system in place where we can advocate quickly for our clients’ rights, with cases being expedited efficiently.  We have been assured that GM is committed to making sure this continues and we applaud the company for continuing to make consumers’ rights a priority.

No doubt you have read all about the Chrysler bankruptcy in the headlines.  It has been covered by print outlets and blogs throughout the Country, or perhaps you heard Kimmel and Silverman attorney Bob Silverman discuss the situation on the local news.  All current Chrysler, Dodge and Jeep owners and anyone who intends to purchase one of these cars in the near future has hit a pothole when it comes to their consumer rights under State Lemon Law and Federal Warranty Law. 

As a result of the manufacturer filing in bankruptcy court, all lemon law and breach of warranty claims currently in litigation have been “stayed” or stalled until we receive instruction from the court on how to proceed.  But that’s not all; we have over 20 consumers waiting for complete repurchases or refunds, agreed upon before the manufacturer filed for bankruptcy, who are now stuck.  These folks each have signed releases from the manufacturer.  One client is a handicapped woman who desperately needs her Dodge conversion van to get around, and it has been in the shop numerous times for transmission problems. Another client, who has faced tough financial problems himself, already turned his car in and was waiting for his repurchase, and now he has no car, and no money. Plus, being that his creditor was never paid, he is facing the prospect of his lemon car being repossessed and ruining his credit.  Dozens of other folks have received checks which have bounced and these checks were dated prior to the 4/30 filing.

Currently, Kimmel and Silverman is working extensively on efforts to make sure Chrysler, Dodge and Jeep consumers are protected.  The manufacturers stance (and the PR statement we have heard from Washington DC and DCC headquarters) is your cars will be fully covered under warranty.  But, that’s not really the case.  If you can find a dealer that hasn’t closed, and they do have the part you need in stock (doubtful as a result of the closed factories and stop in production), what happens if they still can’t fix the problem?  If the check engine light keeps coming on?  If the water leak keeps reoccurring, resulting in mold?  If the windows still don’t go down?  If the car still won’t start?  And you are back one, two, three, four times?  Well, under normal circumstances, you would be able to use your rights under State and Federal Law to seek recourse, either a complete buyback, a new vehicle, or monetary damages to reflect the diminished value of the car as a result of the problems that occurred.  But that’s not the case right now.  Right now, Chrysler feels you are entitled to nothing other than continuous repair.  And, the new company that is looking to take over Chrysler is NOT interested in taking over these responsibilities; they do not want to compensate all the distressed drivers who have suffered defects or are currently suffering defects with their products.  The language in their motion is very unclear and contradicts itself.

We are currently working on a motion in an attempt for Chrysler to establish a litigation trust for those people who were entitled to recourse under warranty claims.  We will keep you abreast of our progress. In the meantime, we encourage you to reach out to your State’s consumer protection division and attorney general office and make sure they are aware of this situation.  Ask them what they are doing to advocate for consumers in perhaps one of the most troubling situations we have ever seen.

Confused? No doubt.  if you feel you have a potential DCC lemon law or breach of warranty claim and you would like to discuss this situation and your rights further, please e-mail us or call 1-800 LEMON LAW (1-800-536-6652). (Our firm handles claims in Pennsylvania, New Jersey, Ohio, Delaware, Maryland, Connecticut,  Massachusetts, New York and New Hampshire.  For other states, please visit www.lemonlawamerica.com.) We will be more than happy to go over your matter with you. 

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…..

Happy new year!  The winter months are upon us and so is the wacky wetter weather (try saying that ten times fast.) The phones at 1-800 LEMON LAW are ringing with many distressed drivers who are dealing with water leaks. On this blog, we have discussed why it is so important to continue to bring these leaks to your service manager’s attention, especially since leaks can lead to mold and mildew.

Many vehicles are suffering with clogged sunroof drains and other component failures which are causing water to leak onto drivers side and passenger side floors, and in some cases, even contaminate electrical components.  We are also seeing a great deal of water leaks in trunks and spare wheel wells.

If you have a GMC Acadia, Saturn Outlook, Jeep Commander and Jeep Grand Cherokee, please be advised we are currently handing/have handled hundreds of water leak claims involving these types of vehicles.But, you are not alone.  This past month alone, we have opened water leaks claims against six other manufacturers as well. A leak can occur in any vehicle. Remember that in this tough economy, we are continuously seeing manufacturers cutting warranty repair costs.  Be as specific as possible with regard to when you noticed the leak and what areas of your vehicle appear to be affected.  Furthermore, it is essential that if you smell or see mold or mildew, you immediately bring it to you dealer’s attention and if necessary, you request that carpeting and seats be replaced. Your family’s health and the value of your vehicle both could be at risk.

In most circumstances, if you report a water leak or a leak-related problem (mold) to a dealer three times under original or extended manufacturers warranty, you very well may be entitled to a full or partial refund, or a new vehicle under State and/or Federal Law (even if the leak is fixed).  If this applies to you, and you are interested in 100% cost-free legal assistance, please contact us to discuss your rights.

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.

Are you watching the news?  If you are, chances are you are not feeling too well.  The economic outlook is dismal, and that my friends is a euphemism….the money we have worked so hard for, the money we have invested in our future and our family’s future, is in significant danger.  It does not do much good to point a finger at anyone. We know that what goes down must come up eventually, so hopefully, we can ride out this emotional roller coaster.  One thing we know for sure is that, with the exception of those who keep millions stashed under their bed and in their safe deposit box, we are all in this together.  And that includes automobile manufacturers.   Repeatedly, we have told you about the economic turmoil among the manufacturers.  General Motors shares continue in a spiral downward trend, and if you think Ford, Chrysler or any of the automakers is doing that much better, you are sadly mistaken.   Will any of them declare bankruptcy?  We hope not.  Are they in tremendous danger?  Absolutely.

So what does this mean for you, Mr. & Mrs. Car Owner? We know that loans and financing are certainly going to be harder to come by, and chances are manufacturers will also not be so lenient with warranty repairs.  If they can’t find the problem, then they can’t find the problem, and it’s highly unlikely they are going to invest the time and money to try and find it.  As we have repeatedly advised consumers, if you are experiencing a problem, you will need to be as descriptive as possible.  Are you hearing a noise?  Where is the noise coming from?  When doe the noise occur?  What exactly does it sound like?  Offer to go with the service manager on a test ride.  Help them help you. 

And if the manufacturer can’t fix or find your problem, then what?  Well, you can call the customer service hotline, and speak to a representative.  They will be glad to hear you out and they may present you with a claim number.  A follow-up call may offer one to two months payment, or an extended warranty if you are absolutely lucky.  Chances are good you will never hear them again.  The industry is suffering; they are not looking at offering you a handout without a fight.  And you can scream at your dealer until you are blue in the face.  As we have repeatedly told you, the dealer is not the defendant.  The fact is if you want to take action, you NEED to file a lemon law claim.  The beauty of filing a claim under the State Lemon Law or Federal Warranty Law is that legal help is free.  Under the fee-shifting provisions of these laws, your attorneys’ fees and legal costs are covered by the manufacturer ON TOP OF what of you receive.  It’s very important that you make sure that the lemon law firm you use provides completely free legal help.  With 1-800-LEMON-LAW, it is 100% cost-free win or lose, but it not like that with every firm.  Make sure you make sure that the law firm you are using provides completely cost-free legal representation. Ask questions.

The fact of the matter is that if you do nothing, you will get nothing.  During this especially difficult time, no manufacturer is going to go out of their way to help you.  if you have been in three or more times for the same problem under warranty, or your vehicle has been in the shop for a significant number of days, call us at 1-800 LEMON LAW.  We will be glad to go over your situation with you.  You could be looking at brand new car or a full refund, and if your car is fixed after three or four attempts, you could STILL be looking at significant monetary compensation (plus, you keep your car and your warranty remains completely in effect.)  The laws are out there to protect you, and protect your investment.  Take advantage of your consumer rights.  Utilize lawyers who understand the law, who work on these types of cases, who have access to the manufacturers’ legal team.  Our firm has three ASE-certified mechanics who work full-time inspecting our clients’ vehicles and researching their defects. And it does not cost our client one penny.  Fight for your rights, because if you don’t, no one will do it for you.  If you have any questions, feel free to drop us a line or fill out our Get Rid Of Your Lemon page, and we will contact you promptly.  

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.

Every day, we receive many calls to our 1-800-LEMON LAW hotline, and most callers have a common question “Do I have a lemon?” As discussed before, a lemon by definition is a vehicle with a significant non-conformity that affects the use, value or safety of the vehicle, and cannot be repaired within a reasonable number of repair attempts.  Each state’s lemon law provides a different number of repairs required, a different amount of time in which the first repair needed to be performed, and a number of days in which the car is in the shop to be declared a lemon.  In Pennsylvania, for instance, the lemon law says the car has to be in the shop three times, with the first problem occurring in the first 12 months or 12,000 miles whichever comes first, or in for 30 days within the first year. (But, please remember that after the lemon law parameters ran out, you still have rights under Federal Law as long as you are covered under manufacturers warranty.)

Then, we need to look at the defect.  Many folks think that in order for a car to be declared a “lemon,” something needs to go wrong with the engine or transmission, and the car cannot run.  This is untrue.  Here are just some of the problems we have encountered in our caseload, which have resulted in new cars, full or partial refunds for our clients, in addition to standard no start, engine, and transmission problems:

• Faulty Gas Gauges
• Sliding Doors
• Water Leaks/Mold
• Faulty Door Windows & Locks 
• Check Engine Lights
• Brake Problems–constant replacement of rotors, pads etc.
• Pinging Noises/Piston Knock in Engine
• Stalling
• Navigation System Defects
• Faulty Electrical Sensors
• Sunroof Problems
• Steering Fluid Leaks
• Sudden Acceleration/Deceleration
• Constant Replacement of Radio/CD Player
• Oil Consumption
• Convertible tops not retracting
• HVAC problems

The bottom line is as long as the dealer is fixing the problem and billing the repair to your manufacturer’s warranty, it is a defect that could yield compensation.  The important thing is to make sure you keep all of your repair invoices, and if you find yourself in three times, TAKE ACTION either with us or through another avenue.  The Laws are in place to help you; Take advantage of them.

A law that actually helps consumers AND provides free legal help?  It seems too good to be true, but the State and Federal Laws do provide equal footing between you and the billion-dollar automobile manufacturer.  This provides you the opportunity to have a Lemon Law Attorney who knows and understands the Laws, who has significant experience fighting these types of claims, and who has immediate access to the decision makers and attorneys who represent the manufacturer.  This attorney and their staff can also offer additional support throughout a difficult time, providing answers to your questions and helping you deal with obstacles you are facing (i.e. a mechanic not diagnosing a problem properly or at all, a service manager refusing to give you paperwork, job tickets being left open so it seems like you are in the shop less than you are.)

The most common question we receive at 1-800 LEMON LAW is “How do I know my car is a lemon?” So, today on the lemon law blog, we thought we would provide a rundown of the lemon laws in each of the States we work in….But first, answers to five of the most frequently asked questions:

First, YOU CAN NOT RETURN A CAR IN THE FIRST 72 HOURS. This is a common misconception from the days of door-to-door sales, when folks would ring your doorbell and sell you a vacuum or a set of encyclopedias. Once you sign on the dotted line, the car is yours.  Period. Make sure that the right price is listed on the contract, make sure you can afford the car, make sure it’s the finance rate you agreed to and for goodness sake, NEVER EVER EVER sign a blank contract!

Second, THE DEFENDANT IS NOT THE DEALER.  Yes, we know the dealer is lovely and we know you don’t want to get them in any trouble.  But, they don’t make the car.  They are the middle man and they have nothing to do with filing a lemon law claim. In fact, when filing a claim, we ask clients not to discuss the case with the service manager or threaten the dealer that you are going to file a suit.  We do not want you to create a hostile relationship between you and the dealer.  Also, we are NOT a fan of last chance letters. So, you give the dealer a last chance to fix it…and they don’t.  Then what?  If you don’t have a lawyer to enforce the letter, you are stuck in a catch-22.  Again, the law offers FREE help–Take advantage of it!

Third, EVEN IF YOU FALL OUTSIDE OF THE LEMON LAW, WE STILL MAY BE ABLE TO HELP YOU. Do not be discouraged if you have a used car or a motorcycle or ATV in a state that does not cover them. If your problems are covered under an original or extended manufacturers warranty, you could be entitled to MONETARY COMPENSATION, plus you get to keep your vehicle, your warranty remains in full effect, and the vehicle is NOT branded in any way.

Fourth, EVEN IF YOUR CAR IS FIXED AFTER THE THIRD, FOURTH, OR FIFTH REPAIR, you could still be entitled to compensation.  The fact is that every car comes with a manufacturers warranty and that is to ensure that problems are fixed efficiently and effectively and they have not been.  So, we feel you are entitled to money back, significant money, to reflect the diminished value of the car as a result of your problems. Again, if you receive money, the car is NOT branded and the warranty is fully in effect. Plus, the money is non-taxable.

Fifth, THERE ARE THREE POSSIBLE REMEDIES UNDER THE LAWS WE WORK WITH.  Keep in mind this is a legal process, so there are no guarantees, but here is what we are looking at.  Maximum remedy is a full buyback, including taxes, tags, finance charges, etc minus a small mileage offset as prescribed your state.  You return your car to the dealer and it is branded a lemon.  Second, an MSRP to MSRP swap–MSRP stands for manufacturers suggested retail price–basically, you are getting behind the wheel of a brand new car, with same amount of equity as your old car.  It’s trade without depreciation.  Third, if we can’t get a buyback or a swap, we aim to get you as much money as possible in compensation to reflect the diminished value as a result of the problem incurred. Plus, as mentioned before, you get to keep the car.

OK–on that note, here’s a quick rundown of the laws in our states.  For other states, click here.  Have questions?  E-mail us or call 1-800 LEMON LAW (1-800-536-6652).  Here we go:

Pennsylvania Lemon Law :  First problem must occur in first 12 months or 12,000 miles whichever comes first.  Problem must occur three or more times under warranty OR the car is in the shop 30 or more days within the first year, and those days do not have to be consecutive. Car must be purchased (or leased) and registered in PA.  Motorcycles are not covered under PA Lemon Law  (but they are covered under the Federal Magnuson Moss Warranty Act so we can still help!)–Kimmel & Silverman was directly responsible for getting leased cars included under the PA Lemon Law.

New Jersey Lemon Law :  Second most effective Lemon Law in the Nation! First problem must occur in first 24 months or 18,000 miles which ever comes first. Problem must occur three or more times under warranty OR the car is in the shop for 20 days in the first 24 months and they do not have to be consecutive. Motorcycles are covered under NJ Lemon Law. Vehicle can be purchased, leased or registered in New Jersey.

Delaware Lemon Law : First problem must occur in the first year of ownership.  Problem must occur four or more times under warranty OR the car is in the shop 30 or more BUSINESS days in the first year. Vehicle can be purchased, leased or registered in Delaware. Motorcycles are not covered under DE Lemon Law  (but they are covered under the Federal Magnuson Moss Warranty Act so we can still help!)

Massachusetts Lemon Law: First problem must occur in the first year or 15,000 miles whichever comes first. Problem must occur three or more times under warranty OR the car is in the shop 15 BUSINESS days in the first year. Motorcycles are not covered under MA Lemon Law  (but they are covered under the Federal Magnuson Moss Warranty Act so we can still help!)

Ohio Lemon Law : First problem must occur in the first year or 18,000 miles, whichever comes first. Problem must occur three or more times under warranty OR eight problems must occur OR in the shop 30 or more days in the first year. Motorcycles are covered under the OH Lemon Law.

Vermont Lemon Law : First problem must occur three times under warranty period OR in the shop 30 days. Vehciles may be purchased or registered in Vermont.  Motorcycles are not covered under VT Lemon Law  (but they are covered under the Federal Magnuson Moss Warranty Act so we can still help!)

Washington DC Lemon Law : First problem must occur three or more times in the first 2 years or 18,000 miles. Problem must occur 4 or more times under warranty OR be in the shop 30 days in the first two years. Motorcycles are not covered under DC Lemon Law  (but they are covered under the Federal Magnuson Moss Warranty Act so we can still help!)

For more information on your rights, visit lemon law. com or one of our favorite National lemon law websites, Lemon Law America.

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.

As we have been reporting, the manufacturers are suffering and will do anything and everything to sell.  These dire times provide an ideal opportunity for anyone who is looking to get a nice ride for less.  However, a consumer still needs to take the steps necessary to make sure their new dream car does not turn into a nightmare. Here are a few rules of thumb you need to keep in mind when buying a new (or used) car.

First, do your research!  Make sure the car has a strong customer satisfaction rating, provides the features you need and want, and is priced within your range.  Consumer Reports is a great source of information.  For pre-owned cars, check out the Kelly Blue Book. Also, ask family, friends and neighbors.  Often overlooked, these are some of the very best resources for car shoppers.  In many cases, they can provide reliable and useful information about the vehicle you may be considering.  Also, if you are purchasing a used car, it is worth hiring an outside mechanic to check the car out prior to signing on the dotted line. While carfax is very useful, their report may be incomplete and not include smaller accidents not reported to insurance companies (and don’t forget to use our lemon dodger used car buying worksheet).  

Second, know the MSRP, the Manufacturer’s Suggested Retail Price.  Unless a car is in high demand, dealers generally sell cars lower than MSRP.  And don’t forget to shop around; call several authorized dealers to see if they can get a better offer for you. Identical cars are widely available from dealer to dealer; it’s only the price that changes!

Third, it’s very important to try it before you buy it.  Before you sign the papers and drive off, try every feature, from the defroster to the stereo to the horn.  Take the car for a lengthy test drive, listen for unusual sounds and pay attention to how the car steers, accelerates, brakes and handles.  If something isn’t working properly, don’t sign anything and don’t accept promises to fix it after the sale!  This is the one time you have total control over the dealer and salesperson. Stay in control and demand perfection before you sign or you may be buying a headache down the road. 

Fourth, never purchase a car without a manufacturers warranty, whether new or used.  Otherwise, getting your car fixed properly by qualified mechanics, with the maximum of expertise and the minimum of hassle, may be next to impossible.  If the manufacturer of the car will issue a warranty, it must stand behind the work performed.

Finally, know your rights!  If you have purchased a new car or a car with an existing manufacturers warranty and you have a reoccurring problem that they can’t seem to fix, you do have legal rights.  Best of all, legal help is completely free to consumers under State and Federal Laws. Don’t be afraid to consult an attorney if needed. For more information on the Lemon Law and free legal representation, call 1-800-LEMON-LAW (1-800-536-6652) or visit Kimmel & Silverman’s website at www.lemonlaw.com.

Remember that pop quiz we snuck on you a couple weeks back?  How did you do? It’s amazing how many folks can’t separate fact from fiction when it comes to car buying and your lemon law rights.  Fox Philadelphia consumer reporter Michelle Buckman was equally surprised at some of the answers when she gave the quiz to her viewers on Good Day Philadelphia this morning.  She was joined by lemon law attorney Craig Thor Kimmel.  You can watch the video by clicking here or visit her blog by clicking here.