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).

It’s time for another roundup of recent repurchases and refunds.  These blog entries are always our favorite to write.  Kimmel & Silverman is dedicated to being the oldest, largest and most helpful lemon law firm in the Northeast, successfully handling over 50,000 lemon law and breach of warranty claims since our inception at absolutely no cost to consumers.  The following are just a few of the cases resolved in the last 30 days:

• 2008 Nissan Altima -Complete Repurchase under New Jersey Lemon Law (resolved in 24 days)
• 2008 Mazda 3 -$6,500 cash under Pennsylvania Lemon Law (plus client kept their car)
• 2008 Suzuki Forenza -Complete Repurchase under Ohio Lemon Law (resolved in 23 days)
• 2005 Suzuki Forenza -$5,000 cash under Pennsylvania Lemon Law (plus client kept their car)
• 2008 GMC Yukon -Complete Repurchase under Ohio Lemon Law (resolved in 45 days)
• 2006 Kia Sedona -$4,500 cash under Magnuson Moss Warranty Act (plus client kept their car)
• Used 2008 Kia Sorento -$3,875 cash under Magnuson Moss Act (plus client kept their car)
• 2008 Suzuki Sx4 -Complete Repurchase under Pennsylvania Lemon Law (resolved in 41 days)
• 2006 Suzuki Grand Vitara -Complete Repurchase under Pennsylvania Lemon Law
• 2008 Subaru Impreza-$4,600 cash under Connecticut Lemon Law (plus client kept their car)
• 2009 Honda Accord-Complete Repurchase under New Jersey Lemon Law (resolved in 70 days)
• Used 2006 Mazda Tribute-$6,000 under Magnuson Moss Act (plus client kept their car)
• 2008 Mazda CX7 with 30,000 miles-$4,000 under New Jersey Lemon law (plus client kept car)
• 2008 GMC Siera -$5,000 cash under Pennsylvania Lemon Law (plus client kept their car)
• 2008 Lexus GS350 -Complete Repurchase under New Jersey Lemon Law
• Leased 2007 Jeep Wrangler with 27,000 miles – $5,000 under Magnsuon Moss Warranty Act
• 2008 Saturn Outlook – $7,000 cash under Pennsylvania Lemon Law (plus client kept their car)
• 2006 GMC Sierra – $5,000 cash under New York Lemon Law (plus client kept their car)
• 2009 Jeep Wrangler – Complete Repurchase under Pennsylvania Lemon Law (resolved in 60 days)
• 2007 BMW 3 series,first repair at 29,000 miles -$4,000 under Magnuson Moss Act (client kept car)
• Used 2003 Cadillac CTS with 64,000 miles -$3,000 under Magnuson Moss Act (plus client kept car)
• 2008 Lexus RX350 – Complete Repurchase under Massachusetts Lemon Law
• 2009 Mazda 6 – Complete Repurchase under New Jersey Lemon Law (resolved in 20 days)
• 2008 Audi A4 – Complete Repurchase under New Jersey Lemon Law (resolved in 3 months)
• Used 2007 Pontiac Solstice -$4,000 cash under Magnuson Moss Act (plus client kept car)
• 2008 GMC Arcadia – Complete Repurchase under Pennsylvania Lemon Law (resolved in 30 days)
• 2006 Chevrolet HHR with 26,000 miles- $4,500 under Maryland Lemon Law (plus client kept car)
• 2006 Volvo S60 – $6,500 under New Jersey Lemon Law (plus client kept car)
• Used 2006 Pontiac Torrent -$3,000 under Magnuson Moss Act (client kept car; resolved in 19 days)
• 2007 Chevrolet Tahoe, first defect at 20,000 miles -$5,500 under Magnuson Moss Act (client kept car)

If you feel you may have a potential lemon law or breach of warranty claim, contact us at 1-800 LEMON LAW (1-800-536-6652) or drop us a line.  We will be glad to review your situation and see if we can help.  With eleven Lemon Law attorneys, six full-service offices, three ASE-certified mechanics on staff, and a complete support team of experienced paralegals and administrators, no one can get you on the road to recovery quicker than Kimmel & Silverman. 

As soon as the weather takes a turn for the better, and motorcyclists “get their motors running,” calls come in to 1-800-LEMON-LAW about defective Harley Davidson, Honda, BMW, Yamaha, and Kawasaki motorcycles…with all the callers asking the same question:  ”Are motorcycles covered under the Lemon Law?”

The answer depends on the state.  Among the states we practice, New Jersey, New York, Ohio, Maryland, Massachusetts, New Hampshire and Connecticut all include motorcycles in their Lemon Law. In all of these states, we can file a Lemon Law claim completely free to the consumer, with the possible outcome being a new bike or refund. In Pennsylvania, we spoke in front of the House of Representatives Consumer Affairs Committee, urging the inclusion of motorcycles, however it has yet to happen.

All is not lost however, in the states we practice that do not offer Lemon Law protection for motorcycles, namely Pennsylvania and Delaware, we use the grandfather of the Lemon Law, the Magnuson Moss Warranty Act to go after the manufacturer for the diminished value of the bike as a result of the defect.  And like the Lemon Law, legal representation is completely cost-free. In the past eighteen years, our firm has successfully handled thousands of motorcycle claims. 

To check if your state offers a Motorcycle Lemon law, click here. For more information regarding lemon law and breach of warranty rights for motorcycle owners, feel free to e-mail us or call us at 1-800 LEMON LAW (1-800-536-6652).

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.

We are thrilled to announce that 1-800 LEMON LAW is taking a bite of the Big Apple and is now providing 100% cost-free lemon law help to distressed drivers throughout New York.  Our efforts have already been featured on Good Morning America, The CBS Early Show, News 4 New York and ‘Help Me Howard’ on WPIX TV.

The New York Lemon Law applies to new cars, both purchased and leased, which suffer a nonconformity; a defect or condition, which substantially impairs the use, value or safety; that has been addressed a substantial number of times (normally 3-4) by an authorized manufacturer’s dealership. This nonconformity must first occur within the first 24 months or 18,000 miles, whichever comes first. 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.

If you think you may have a potential New York Lemon Law claim, click here and we will be glad to contact you to discuss your situation.