Lemon Law Blog

It’s a sad day in the history of automobiles.  Autoblog reports that General Motors will phase out Pontiac by the end of 2010, and will build its accelerated visibility plan surrounding its four remaining brands:  Chevrolet, Buick, GMC and Cadillac.  By the end of the year, we will also know if and how GM will move forward with the Saab, Saturn and Hummer brands.

The first Pontiacs were produced in 1926 and their popularity has escalated throughout the decades with the production of the Bonneville, GTO, Firebird, and in later years the G6 and Solstice.

So, what does this mean if you have a Pontiac?  Ideally, this situation should not have any effect on your manufacturers warranty or in filing a lemon law or breach of warranty claim if in fact GM cannot fix a non-conformity despite numerous repair attempts.  It appears General Motors is standing behind the brand and its warranty and will continue to do so until the make phases out.

And while the value of the vehicles will certainly diminish come trade-in time, if you like the model, now may be a time you can take advantage of the situation and purchase one for a very reasonable price.

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An interesting article today in AOL’s automotive section sparks a debate we have seen many times over the years.  A consumer starts to encounter problems with their engine.   The car starts to sputter, the service engine soon light comes on, and then all of a sudden, the distressed driver finds himself stuck in the middle of a busy highway.  He has his car towed to the dealer.  After all, he is under manufacturers warranty and therefore there should be no issue with the car being fixed, right? 

Wrong.  The dealer blames the problem on engine sludge and asks to see the driver’s oil change receipts confirming that they have cared for the car as outlined in the owner’s manual.  Fear starts to set in the driver’s face.  He doesn’t remember if and when he got his oil changed.  Perhaps, he went to a franchise, but when and how many miles were on the car?  Did he take it to his mechanic?  Did he change the oil himself?  Before he knows it, the consumer is socked with a repair bill in the thousands and there is nothing anyone can do about it, including us.  Why?  because the consumer did not keep proof that he fulfilled his responsibilities.

Now more than ever, as manufacturers continue to look at the bottom line, it is imperative that you keep records of all maintenance.  There is nothing wrong with going to Jiffy Lube or Grease Monkey but hold to those receipts; do not discard them with the egg mcmuffin wrapper from the sandwich you enjoyed in the waiting room. Those receipts outline the date and mileage of the service.  If you choose to change the oil yourself, you want to keep the store receipt and the proof of purchase, as well as keep a written log. 

If you have proof that you have covered all of your responsibilities and the manufacturer still is not covering the repair under warranty, that is where we step in.  We have represented many organized drivers in these types of breach of warranty claims and manufacturers have no idea what hit them!

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More and more consumers are calling into the 1-800 LEMON LAW hotline with a problem that “can not be duplicated” by the service department.  Whether it be braking, a sensor light, an alignment issue or a strange noise in the engine, nothing is more frustrating than having a well-intentioned service adviser tell you that they can’t figure out what you are complaining about.

As we have written about in our blog many times before, the automobile manufacturers have been cutting costs across the board as a result of the troubling economy and the service departments have suffered significantly.  Manufacturers have instructed dealerships that they are only paying a certain amount toward a repair, and if the dealer cannot locate the problem within a certain period of time to send the consumer on their way. You will also notice that many of the top-level service representatives have been laid-off, replaced by those who have less experience, and thus require a lesser salary.  In addition, manufacturers are not producing as many parts as they used to, resulting in various components being on back order for long periods of time.

If you find yourself in a situation like the ones described, that does not mean you should not take action.  It is very important that when you are dealing with the dealer, you do the following:

** Make sure you clearly outline your problem or complaint with the service manager and confirm prior to leaving the dealership that your complaint is clearly written on the repair invoice as described.  Do not hesitate to correct it if it is not.

**Upon return, ask to review what had been done to the car, if anything.  Ask if any parts or components are replaced, and make sure these are listed on the repair invoice.

**If they cannot find the problem, ask to take the service adviser or representative on a test drive to try and duplicate it.  If they cannot go for a test ride then, make sure you schedule the next appointment right then and there.

**If the problem is still present because a part needs to be ordered, make sure that is clearly listed on the repair invoice, as well as an estimated time as to when the dealer expects to receive the component.

**If a sensor light is still on, or there is still a noise because the part has not yet been replaced, and the dealer insists that the vehicle is still okay to drive, make sure they write this on the repair invoice.  UNDER NO CIRCUMSTANCES SHOULD YOU BE DRIVING A CAR WITH A CHECK ENGINE LIGHT ON.

**If they insist they cannot find the problem, take the car to another authorized manufacturer dealership to have a fresh pair of eyes look at the problem. A manufacturers warranty enables a consumer to take their car to ANY authorized manufacturers dealership, regardless of where they purchased the car.

**Finally, please make sure you never leave your repair facility after a repair without an invoice.  These invoices provide much needed information and should be kept in a safe place. Never accept an excuse from the dealer as to why you cannot have a copy (i.e. we are keeping the ticket open, our printer is down, we will mail you one.)  Do not take delivery of your car without it.

This situation should not prevent you from looking into your rights to remedy under State and Federal Laws.  If you feel as though you are being stalled in your repair efforts, please contact us or another consumer attorney to determine if you are entitled to remedy.

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We are receiving many calls on the 1-800 LEMON LAW hotline from folks who are suffering significant transmission problems, where the vehicle is having troubles going from one gear to another.  Most notably, we have taken several Ford Explorer cases this week. In two of these cases, they were in for transmission repair significant times under warranty and now, they are out of warranty and have to pay for a new transmission.

Folks, if your vehicle is younger than six years old, and you have been in three or more times under your original or extended warranty for transmission repair, we may be able to help.  Under State and/or Federal Law, you could very well be entitled to monetary damages to reflect the diminished value of the vehicle as a result of the problems you have encountered EVEN IF YOU ARE NOW OUT OF WARRANTY.

Furthermore, if the vehicle is still relatively new and you are still under manufacturers warranty, you may even be entitled to a new vehicle or a full refund if you qualify under your State Lemon Law. 

The bottom line is that transmission troubles need to be taken seriously.  Even if the car is now fixed.  You want to always protect yourself “down the road.”  And yes, the pun was intended.

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Are you watching the news?  If you are, chances are you are not feeling too well.  The economic outlook is dismal, and that my friends is a euphemism….the money we have worked so hard for, the money we have invested in our future and our family’s future, is in significant danger.  It does not do much good to point a finger at anyone. We know that what goes down must come up eventually, so hopefully, we can ride out this emotional roller coaster.  One thing we know for sure is that, with the exception of those who keep millions stashed under their bed and in their safe deposit box, we are all in this together.  And that includes automobile manufacturers.   Repeatedly, we have told you about the economic turmoil among the manufacturers.  General Motors shares continue in a spiral downward trend, and if you think Ford, Chrysler or any of the automakers is doing that much better, you are sadly mistaken.   Will any of them declare bankruptcy?  We hope not.  Are they in tremendous danger?  Absolutely.

So what does this mean for you, Mr. & Mrs. Car Owner? We know that loans and financing are certainly going to be harder to come by, and chances are manufacturers will also not be so lenient with warranty repairs.  If they can’t find the problem, then they can’t find the problem, and it’s highly unlikely they are going to invest the time and money to try and find it.  As we have repeatedly advised consumers, if you are experiencing a problem, you will need to be as descriptive as possible.  Are you hearing a noise?  Where is the noise coming from?  When doe the noise occur?  What exactly does it sound like?  Offer to go with the service manager on a test ride.  Help them help you. 

And if the manufacturer can’t fix or find your problem, then what?  Well, you can call the customer service hotline, and speak to a representative.  They will be glad to hear you out and they may present you with a claim number.  A follow-up call may offer one to two months payment, or an extended warranty if you are absolutely lucky.  Chances are good you will never hear them again.  The industry is suffering; they are not looking at offering you a handout without a fight.  And you can scream at your dealer until you are blue in the face.  As we have repeatedly told you, the dealer is not the defendant.  The fact is if you want to take action, you NEED to file a lemon law claim.  The beauty of filing a claim under the State Lemon Law or Federal Warranty Law is that legal help is free.  Under the fee-shifting provisions of these laws, your attorneys’ fees and legal costs are covered by the manufacturer ON TOP OF what of you receive.  It’s very important that you make sure that the lemon law firm you use provides completely free legal help.  With 1-800-LEMON-LAW, it is 100% cost-free win or lose, but it not like that with every firm.  Make sure you make sure that the law firm you are using provides completely cost-free legal representation. Ask questions.

The fact of the matter is that if you do nothing, you will get nothing.  During this especially difficult time, no manufacturer is going to go out of their way to help you.  if you have been in three or more times for the same problem under warranty, or your vehicle has been in the shop for a significant number of days, call us at 1-800 LEMON LAW.  We will be glad to go over your situation with you.  You could be looking at brand new car or a full refund, and if your car is fixed after three or four attempts, you could STILL be looking at significant monetary compensation (plus, you keep your car and your warranty remains completely in effect.)  The laws are out there to protect you, and protect your investment.  Take advantage of your consumer rights.  Utilize lawyers who understand the law, who work on these types of cases, who have access to the manufacturers’ legal team.  Our firm has three ASE-certified mechanics who work full-time inspecting our clients’ vehicles and researching their defects. And it does not cost our client one penny.  Fight for your rights, because if you don’t, no one will do it for you.  If you have any questions, feel free to drop us a line or fill out our Get Rid Of Your Lemon page, and we will contact you promptly.  

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Every day, we receive many calls to our 1-800-LEMON LAW hotline, and most callers have a common question “Do I have a lemon?” As discussed before, a lemon by definition is a vehicle with a significant non-conformity that affects the use, value or safety of the vehicle, and cannot be repaired within a reasonable number of repair attempts.  Each state’s lemon law provides a different number of repairs required, a different amount of time in which the first repair needed to be performed, and a number of days in which the car is in the shop to be declared a lemon.  In Pennsylvania, for instance, the lemon law says the car has to be in the shop three times, with the first problem occurring in the first 12 months or 12,000 miles whichever comes first, or in for 30 days within the first year. (But, please remember that after the lemon law parameters ran out, you still have rights under Federal Law as long as you are covered under manufacturers warranty.)

Then, we need to look at the defect.  Many folks think that in order for a car to be declared a “lemon,” something needs to go wrong with the engine or transmission, and the car cannot run.  This is untrue.  Here are just some of the problems we have encountered in our caseload, which have resulted in new cars, full or partial refunds for our clients, in addition to standard no start, engine, and transmission problems:

• Faulty Gas Gauges
• Sliding Doors
• Water Leaks/Mold
• Faulty Door Windows & Locks 
• Check Engine Lights
• Brake Problems–constant replacement of rotors, pads etc.
• Pinging Noises/Piston Knock in Engine
• Stalling
• Navigation System Defects
• Faulty Electrical Sensors
• Sunroof Problems
• Steering Fluid Leaks
• Sudden Acceleration/Deceleration
• Constant Replacement of Radio/CD Player
• Oil Consumption
• Convertible tops not retracting
• HVAC problems

The bottom line is as long as the dealer is fixing the problem and billing the repair to your manufacturer’s warranty, it is a defect that could yield compensation.  The important thing is to make sure you keep all of your repair invoices, and if you find yourself in three times, TAKE ACTION either with us or through another avenue.  The Laws are in place to help you; Take advantage of them.

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