Lemon Law Blog

Attention all distressed drivers throughout Ocean County, New Jersey:  If you are having continuous  problems with your car, don’t miss the Wednesday May 9th edition of “Eye On Ocean County.”  Host Christina Sacco is joined by NJ Lemon Law Attorney Amy Bennecoff and 1 800 LEMON LAW Communications Director Michael Sacks for 30 minutes of useful news and information regarding the New Jersey Lemon Law.

The special also includes a discussion on the 2012 Car Complaint Index, tips for purchasing a car without being taken for a ride and the importance of a manufacturers warranty.   Ocean County Comcast viewers can join us Wednesday evening,  May 9 at 8:30 on Comcast Channel 97 and 9:00 on Channel 19.

According to Clarence Ditlow of the Center for Auto Safety, The New Jersey Lemon Law is one of the strongest Lemon Laws in the Country  for several reasons.  First and foremost, the problem needs to occur three times but only the  first instance needs to be  in the first two years or 24,000 miles, whichever comes first.  This period is much longer than other surrounding states, namely Pennsylvania (12 months/12,000 miles) or Delaware (12 months/no mileage limit). Secondly, if the car is out of service for 20 days or more in the 24 month/24,000 miles period, it qualifies as a lemon. And these days do not have to be consecutive or for the same problem. In addition, there is a provision in the Law that a manufacturer has only one chance to fix a problem which could cause death or bodily harm, such as stalling on the highway.  If the issue happens a second time, the driver has the right to file a claim under the Lemon Law. There are very few states that offer this special provision, including Ohio.

Lastly, the New Jersey Lemon Law provides completely free legal help to the consumer.  If you prevail, the manufacturer must pay all attorney fees and legal costs ON TOP OF what the consumer receives.  And if the consumer does not prevail, there is no cost.  Thus, there is no cost and no risk to filing a Lemon Law claim.  (Please be advised though this is NOT the case if you file through the State.  The NJ Lemon Law Unit  requires a $50 filing fee and all decisions are binding and final.  Be very weary about trying to fight your claim in that venue.) The New Jersey Lemon Law covers all new cars, non-commercial trucks and motorcycles that are  leased, purchased or registered in the Garden  State.  Remedies include a new vehicle, a full repurchase or a partial refund and continued ownership of the vehicle.

Of course, if you fall outside the NJ Lemon Law parameters, or if you purchased your vehicle used, you still have a rights under the Federal Magnuson Moss Warranty Act.  Under the Federal Warranty Law, if you have been back three or more times under the original or extended manufacturers warranty, you could be entitled to monetary compensation to reflect the diminished value of the vehicle as a result of the defect.  And just like the Lemon Law, representation is completely cost-free.

For more information on the New Jersey Lemon Law, visit www.lemonlaw.com or call 1 800 LEMON LAW. We will be glad to discuss your situation and how we can help.

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If your car spends more time in the shop than it does on the road, free lemon law help is available. The best part – it won’t cost you a thing.

Michael Sacks, an automotive consumer advocate and director of communications for 1-800 Lemon Law,  was recently featured on KYW TV’s “Talk Philly” to discuss distressed drivers’ rights under the Pennsylvania, New Jersey and Delaware Lemon Laws.  many folks are unaware that the Lemon law provides completely free legal representation and consumers can be entitled to a new car, a full repurchase, or significant monetary compensation and continued ownership of their car.   To date,  1 800 LEMON LAW has provided free lemon law help to more than 65,000 consumers throughout the Northeast.  

If you feel you may have a lemon car on your hands and would like free lemon law help, call us at 1 800 Lemon Law ( -800 536-6652) or fill out our Get Rid of Your Lemon form.  You have nothing to lose, except your lemon!

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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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