Lemon Law Blog

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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As we previously mentioned, the New Jersey Lemon Law may be expanded to include additional protection for distressed drivers.  The NJ Lemon Law currently protects consumers who suffer a problem that occurs in the first 18,000 miles or 24 months, whichever comes first, and continues to occur three or more times despite repair attempts from an authorized manufacturers dealership.   Assembly Bill 1954, sponsored by Assemblywoman Mila M. Jasey, looks to expand the lemon law parameters to include problems that occur in the first 24,000 miles or 24 months.  Furthermore, consumers who suffer a serious defect which is likely to cause death or serious bodily injury if the vehicle is driven would be able to file a lemon law claim if the problem cannot be fixed after one repair attempt.  We have seen similar provisions in other State Lemon Laws, including Ohio.

1-800 LEMON LAW Communications Director Michael Sacks discusses this Bill and all of its benefits, plus provides an update on the Chrysler and GM restructuring, all this weekend on News 12 New Jersey’s “In Your Corner with Walt Kane.” If you live in Central or North Jersey, check your local listings for show dates and times.

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Many distressed drivers throughout New Jersey are not aware they are entitled to free legal representation if their car is defective. Consumer rights under the New Jersey Lemon Law and Federal Magnuson Moss Warranty Act will be discussed on “Eye On Ocean County.”  The program will air on Comcast throughout Ocean County, New Jersey Wednesday, July 8 at 9pm on Channel 19.

Guests will include NJ Lemon Law Attorney Amy Bennecoff and Automotive Consumer Advocate Michael Sacks from the law firm of Kimmel and Silverman.  Topics discussed include rights and remedies under the New Jersey Lemon Law; car-buying tips to ensure that your dream car does not turn into a nightmare; and an update on how lemon law and breach of warranty claims for Jeep, Dodge and Chrysler drivers will be handled once Fiat takes over ownership of Chrysler.

The New Jersey Lemon Law is the second most effective lemon law in the Nation, according to the Center for Auto Safety.  The Law covers vehicles with a significant defect within the first 24 months or 18,000 miles that can’t be repaired despite a reasonable number of repair attempts, normally three.  The Law also covers vehicles that are in the shop for repair 20 days in the first years and those days do not have to be consecutive. Remedies under the NJ Lemon Law could include a new car or full or partial refund. In addition, there are other remedies available for vehicles that may not fall under the Lemon Law mileage provisions but are still under manufacturers warranty.

We hope Ocean County viewers will join us July 8 at 9pm on Channel 19.

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1-800 LEMON LAW attorneys Bob Silverman and Amy Bennecoff have received a significant amount of exposure and kudos this past week for working with Chrysler’s and Fiat’s attorney to ensure lemon law and breach of warranty protection for Chrysler, Dodge and Jeep drivers.  Kimmel and Silverman was the only lemon law firm in the Nation to be involved in these meetings.  

In addition to interviews with Comcast, Philadelphia Inquirer, and Automotive News, Bob Silverman and our client Bob Buchecker were featured in this Action News segment which aired Friday night on WPVI TV in Philadelphia.

Get the full story by clicking here.

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NBC 10 Consumer Reporter Tracy Davidson recently reported on the 2009 Car Complaint Index.  As Tracy reports, the big story is not which cars are on the list, but rather WHY these cars are on the list in the first place.

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