School may be out for Summer, but consumers should always be educated when it comes to their rights.  Many of the calls we receive at 1-800 LEMON LAW come specifically from distressed drivers who want to know if they fall under their State’s Lemon Law.  So, back by popular demand, it’s a Lemon Law 101 refresher course.  Of course, if you have any questions, do not hesitate to contact us either by e-mail or by calling 1-800 LEMON LAW (1-800-536-6652) and we will be glad to answer all of your questions. 

Now, without further ado, here is a quick rundown of the laws in the States we practice.  Click on the State for more information.  For information on other state, please visit Lemon Law America.

Pennsylvania Lemon Law :  First problem must occur in first 12 months or 12,000 miles whichever comes first.  The 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/18,000 miles 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!)

Maryland Lemon Law : First problem must occur in the first 15 months or 15,000 miles of ownership. Problem must occur four or more times under warranty OR the car is in the shop 30 or more days in the first 15 months. Vehicle must be purchased or leased in Maryland. Motorcycles are covered.  Commercial trucks under one ton are also covered.

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.

Connecticut Lemon Law : First problem must occur within the first 24 months or 18,000 miles, whichever comes first, and can continue 4x throughout the original and/or extended manufacturers warranty period. Connecticut’s Lemon Law also applies to vehicles that are in the shop for repair thirty (30) or more calendar days during the first 18,000 miles or 24 months (whichever comes first) and these days do not have to be consecutive. Motorcycles are covered.

New York Lemon Law :  First problem must first occur within the first 24 months or 18,000 miles, whichever comes first and happen 4 times. The New York Lemon Law also applies to vehicles that are in the shop for repair thirty (30) or more calendar days during the first year. Motorcycles are covered.

New Hampshire Lemon Law : Vehicles purchased or leased  in NH with a gross weight of under 9000 pounds, that suffer a problem that cannot be repaired after three attempts by an authorized manufacturer’s dealership. This nonconformity must occur within the warranty period. The New Hampshire Lemon Law also applies to vehicles that are in the shop for repair thirty (30) or more business days during the express warranty period.  Motorcycles are covered.

Under State Lemon Laws, you could be entitled to one of the following three possible remedies:
1. First  remedy can be a new vehicle – an MSRP TO MSRP swap.  MSRP stands for manufacturers suggested retail price. You will receive a credit for the MSRP/sticker price of your car which can be applied to the MSRP of any new car within the manufacturer.  Ideally, if you are interested in the same car, there should be little or no upgrade cost.   Essentially, this is a trade WITHOUT depreciation.  You will be put into a new vehicle with the same amount of equity as your old vehicle.

2. A full refund of your money, including finance charges, taxes, tags, down payment trade in value minus a small mileage offset (When it comes to offsets, each state is different. You give back the car, it is branded a lemon and you are done. )

3. The third possible remedy is monetary compensation to reflect the diminished value of the car.  Part of what you pay for when purchasing a car is a manufacturers warranty and that is to ensure that the problems you fix are fixed efficiently and effectively and if they are not after a certain number of times, your warranty has been breached.  If you receive compensation, you will get to keep the car, the car is NOT branded in any way, shape or form, your warranty remains completely in effect and you do not need to disclose that you received this money at time of trade or sale.  FURTHERMORE, EVEN IF YOUR CAR IS FIXED, YOU COULD STILL BE ENTITLED TO THIS MONEY.

If a person does not fall under the Lemon law, that does not mean we can’t help them.  As long as they have been in under manufacturers warranty three times for the same problem or four times for the same problem in Maryland, we can file a claim under the Magnuson Moss Warranty Act.  This applies to cars that were either purchased used or the first problem fell outside the parameters of the State Lemon Law.

Bottom line:  If you have a manufacturers warranty and have been in the shop repeated times for the same problem, chances are we can help.  Please feel free to get in touch with us any time to discuss how we can provide free legal representaiton in your particular situation.

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

GREENSBURG MAN FIGHTS BACK OVER BROKEN MOTORCYCLE

GREENSBURG (KDKA, 7/11/08) ― With gas prices up, motorcycle sales are rising too. Some motorcycles can get fifty, even sixty miles per gallon, but what if you run into trouble? If your motorcycle turns out to be a lemon, the PA Lemon Law doesn’t cover motorcycles, so what can you do? Here’s how one Greensburg rider fought back and won.

Brian Markiewicz of Norvelt spent close to $15,000 two years ago for his motorcycle, a brand new Yamaha Roadster, but his problems began the day he bought it.

“On the way home, it would pop back through the carburetor, hesitate and stall,” explained Markiewicz.

Markiewicz says it’s a problem that’s caused him more than a few close calls, but even though he took his bike back to the dealer for repairs at least seven times, nothing was done that fixed the problem with his bike.

Brian Markiewicz found help through Pennsylvania lemon law attorneys, Kimmel and Silverman. Brian learned that even though the state lemon law doesn’t cover motorcycles, there is a federal law that does.

“There is still recourse if you have a motorcycle that’s not working the way it should and it hasn’t been repaired by the manufacturer,” explained Brian’s attorney, Kimmel & Silverman Pittsburgh Managing Attorney Christina Gill Roseman.

It’s the Magnuson Moss Warranty Act, a law that covers not only motorcycles but computers, ATVs, any product that is under warranty, has problems and those problems aren’t fixed in a reasonable period of time. Usually three or more attempts to fix the problem is considered reasonable.

Attorney Christina Gill Roseman took Brian’s case to court. Arbitrators awarded Brian a settlement of $3,644 for diminished value of his motorcycle due to the unfixed problem.

“I keep the bike and I can have it repaired by anybody else or trade the bike or get rid of it or whatever I want to do with it, ” said Markiewicz.

Not only did Brian win a money settlement, he was awarded attorney fees as well. That’s because under the Magnuson Moss Warranty Act, consumers like Brian Markiewicz who fight back and win don’t pay.

“These are fee shifting statutes, “explained Gill Roseman. “That means if the plaintiff is successful, the manufacturer pays the fees and costs associated with their case.”

“So far, ” said Markiewicz, “it hasn’t cost me a penny. I am amazed.”

The moral of this story for consumers is if you have a product under warranty and can’t get satisfaction with repairs, you can take the company to court at a price you can afford. Nothing!

Contact Kimmel & Silverman at 1-800 LEMON LAW (1-800-536-6652) or click here.

To watch the story, click here