Lemon Law Blog

Looking to learn more about car buying and your consumer rights?  WBRE Eyewitness News interviewed 1-800 LEMON LAW Communications Director Michael Sacks on a variety of lemon and car buying stories this month.

The first story,  ‘the list the manufacturers don’t want you to see’, looked at the popular Car Complaint Index, the list of cars that receive the most complaints per sales according the Center for Auto Safety.  From hybrid vehicles with sudden acceleration complaints to SUVs with brake issues, the car compliant index is a list that all car buyers need to see before venturing to the car lot.

Michael also provided some helpful tips when it comes to buying a new car:

Finally, WBRE looked at why the Pennsylvania Lemon Law is so useful to consumers. If you’ve bought a new car and think it’s a lemon, help is available. The law stipulates if you’re back in the shop three or more times for the same problem under warranty, or your car is in the shop for an extended period, you are entitled to legal compensation, completely free of charge. Remedies could include a complete repurchase, a brand new car, or significant monetary compensation and continued ownership of your car.

Read all 3 articles and check out the accompanying videos on PAHOMEPAGE.COM
The List Car Manufacturers Don’t Want You to See
The Lemon Law and You
Tips for Successful Car Shopping

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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.

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Hey Ohio Drivers:  Do you have a question about your lemon law and consumer rights?  Join 1-800 LEMON LAW Communications Director Michael Sacks live on the AutoSmarts4U radio show, Saturday May 15th 1-3pm on News Talk 610 WTVN and call in  live at 614-821-WTVN (9886).  We’ll be answering all your questions on State and Federal Laws, car buying, recalls and more. And click here to check out Michael’s appearance this morning on Fox 28′s “Good Day Columbus.”

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The Car Allowance Rebate System (aka Cash for Clunkers) has ceased, but that does not mean you cannot get cash if your car is a clunker. 

We repeatedly discuss the Magnuson Moss Warranty Act, which provides distressed drivers with monetary damages if their car, truck or motorcycle has been back in the shop repeatedly for the same repairs, but does not fall under Lemon Law parameters.   Lemon Law Lawyer Craig Thor Kimmel recently joined Ukee Washington on Eyewitness News This Morning on the CW Philly to discuss the Magnuson Moss Law and how it works.

Under the Federal law, which provides protection for any consumer who purchases a product over $25, a consumer can receive monetary damages from the manufacturer to reflect the diminished value of the product as a result of the repeated problems.  At Kimmel & Silverman, we have used this Law to help folks with faulty vehicles, motorcycles, ATVS, computers and appliances. 

The best part for drivers who use this law is that they are entitled to monetary compensation even if the vehicle is finally fixed after repeated attempts. You receive money PLUS you get to keep your car.  In addition, the car is not branded in any way on carfax, the warranty remains completely in effect, and you do not need to disclose that you received this money at the time of sale or trade.  Also, just like the Lemon Law, legal help is 100% cost-free.

Here are some recent Magnsuon Moss victories.  (Of course, each case is different and we cannot guarantee that you would be entitled to the same compensation). 

2004 Mazda RX8: currently has over 57,000 miles
Engine flooded—replaced numerous components , including cat converter
Consumer received $6,000

2007 Suzuki SX4: currently has 60,000 miles
Defective engine block at 42,000 miles, out of service 2 months
Consumer received $4,500

2004 Volvo C70: currently has 37,000 miles
Car would not start x3
Consumer received $3,000

2007 Saturn Ion: currently has 43,000 miles
Loss of power starting at 15,000 miles—replaced wiring harness
Consumer received $3,000

2008 Cadillac Escalade: currently has 23,000 miles
Purchased used, replaced trailer hitch cover x3, stalling x2
Consumer received $4,000

2007 Subaru Impreza: Currently has 21,000 miles
Problem occurred right outside of Lemon Law
Check engine light x3—replaced left side cylinder & short block, out of service 46 days
Consumer received $7,500

2007 Hummer H3: currently has 23,000 miles
Car leased; Door lock & window malfunctions x6
Consumer received $3,000

2005 Jeep Grand Cherokee Laredo: currently has 60,000 miles
Purchased used; check engine light x4 under warranty
Consumer received $2,750

2004 Cadillac SRX: currently has 43,000 miles
Purchased used; engine replaced plus power steering leak x3
Consumer received $6,000

2005 GMC Sierra:  currently has 38,000 miles
Check engine light starting at 18,000 miles—eventually replaced turbo
Consumer received $4,000

If your car is still under an original or extended manufacturers warranty, and you have been in the shop three or more times for the same problem, please drop us a line to see if you are entitled to remedy under the Magnuson Moss Warranty Act.

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Thanks to the cash for clunkers program, more than 700,000 gas guzzlers are now off the road, replaced by more fuel-efficient vehicles.  It is a tremendous accomplishment and no doubt consumers and car dealers alike really profited off the program.

While the program officially came to a close Monday night, there are still car buyers out there waiting to hear if their rebate will go through.  Some have been told they will find out in a couple of weeks. As we discussed previously in the lemon law blog, there was quite a bit of fine print associated with this promotion and it is the dealer’s responsibility to ensure that the consumer qualifies for the rebate.  After all, if the dealer doesn’t do their job verifying everything prior to the transaction, they are the ones left stranded if the rebate never comes, right?

The answer seems to be affirmative, but one dealer in Philadelphia decided to test that theory.  After they completed the sale, and trashed the trade, the dealer found out that the insurance on this car had lapsed for two weeks during the last year of ownership.  That means they would not receive their rebate and that left them raving mad. They went back to the buyer, a second-year medical student, to try and recoup their $3,500.  And when we say try and recoup, we mean demand and threaten. 

So, who won and who was right?  For the answer, take at look at KYW TV Consumer Reporter Jim Donovan’s piece (featuring Kimmel & Silverman’s Founding Partner Craig Thor Kimmel) by clicking here.

If you find yourself in a position where you have already turned in your clunker and the dealer is demanding more cash, please contact us.

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Looking for useful, informative, entertaining news segments on your lemon law and consumer rights?  Have you checked out our you tube channel?  The 1-800 LEMON LAW channel  (www.youtube.com/1800lemonlaw) provides all sorts of interesting interviews from our staff.  Learn everything you need to know when it comes to buying a car or fighting for your rights.  Visit us today, and by all means, if you have any questions about the programs you view, drop us a line or give us a call at 1-800 LEMON LAW (1-800-536-6652).

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