Sunday, March 18, 2007

2006 Car Complaint Index

2006 Car Complaint Index

Thanks to consumer advocate Jack Gillis, author of the 2006 Car Book, and the efforts of the Center for Auto Safety, we are able to provide you with the vehicle complaints on file with the National Highway Traffic Administration (NHTA). Each year, thousands of Americans call their government to register complaints about their vehicles. The federal government collects this information but has never released it to the general public. The complaint index is based on a ratio of the number of complaints for each vehicle to the sales of that vehicle. The numbers represent relative index scores, not the number of complaints received. The complaint index score considers sales volume and years on the road. Lower index numbers are better. For more information on The 2006 Ultimate Car Book, click here.

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The 2006 Projected Car Complaint Ratings

MODELCOMPLAINT INDEX RATIO
Dodge Magnum34,477
Ford GT27,905
Suzuki Verona26,081
Pontiac GTO25,023
Land Rover LR319,939
Chrysler 30018,405
Buick Terraza17,190
Nissan Armada16,146
Nissan Quest16,063
Toyota Prius15,938
Volkswagen Touareg12,588
Nissan 350z12,360
Chevrolet Corvette12,016
Chrysler Pacifica11,944
Chevrolet Equinox11,764
Pontiac Montana SV611,673
Nissan Titan10,835
Acura RL10,305
Scion tC10,000

For more information on the NHTSA consumer complaint database, click here.

Reprinted with permission from The 2006 Ultimate Car Book, 26th edition by Jack Gillis. 2006 All Rights Reserved. Information presented here does not reflect the opinions of Kimmel & Silverman, PC, its attorneys or its staff.

For an outline of lemon laws across the nation, click here.

If you have questions about State Lemon Laws or Federal Warranty Laws, email us by clicking here. Be sure to include your daytime phone number, including area code.

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Lemon Law Advocates Kimmel & Silverman Honored as Pennsylvania Super Lawyers for Third Year in a Row!

Lemon Law Advocates Kimmel & Silverman Honored as Pennsylvania Super Lawyers for Third Year in a Row!

Founding Partners were honored for building the State’s oldest and largest lemon law firm and helping to recover $135 million for distressed drivers throughout the region.


.For Immediate Release - For the third year in a row, Robert M. Silverman and Craig Thor Kimmel, founding partners of the Ambler and Pittsburgh-based lemon law and consumer advocacy firm of Kimmel & Silverman, have been named Pennsylvania Super Lawyers in a survey conducted by Law & Politics Magazine. The findings are published in the June 2006 edition of Philadelphia Magazine. More than 34,000 attorneys were asked to vote for the most effective counsel they have personally observed in action. Kimmel and Silverman were recognized among the top 5% of all attorneys statewide for building Pennsylvania's oldest and largest full-service lemon law firm, and assisting more than 40,000 distressed drivers across the Northeast with cost-free legal representation.

Kimmel & Silverman is the only lemon law firm in the nation to be honored by the American Bar Association. Their efforts have been featured on Good Morning America, Extra, The CBS Early Show, and hundreds of newspapers and magazines including Kiplingers Personal Finance Magazine, Consumer Reports, Automotive News, Black Enterprise, and USA Today. The Firm, which started out of a small office in Blue Bell, PA in 1991, has grown to include six full-service offices across Eastern and Western Pennsylvania, New Jersey, Maryland, Massachusetts and Delaware with a team of 21 attorneys, four certified automotive experts and a support staff of over 40 employees. The firm’s attorneys have also successfully represented consumers against several automotive manufacturers in national class action suits, and expanded their practice to include automotive dealer fraud claims and unfair trade practice litigation.

In addition, Kimmel & Silverman is the only lemon law firm in the state to work with the House of Representatives in expanding the Pennsylvania Lemon Law to include leased cars and tighter title provisions for used cars. The firm is currently working with the Consumer Affairs Committee on House Bill 2284, which they hope will become the nation’s first Computer Lemon Law, and recently testified on bills to include additional protection for Pennsylvania consumers with motorcycles and recreational vehicles.

This is the most recent honor for Kimmel & Silverman. For two years in a row, Robert Silverman has also been named a New Jersey Super Lawyer, becoming the first lemon law attorney in the nation to be honored as a Super Lawyer in two states simultaneously, representing the top 5% of all attorneys in both states. Lemon Law attorneys Jacqueline Herritt, Shannon M. Ryan, Lous M. Dobi and Amy D. Cox have also been recognized by the magazine. This also marks the third year Micah Buchdahl, nationally known as “The Internet Marketing Attorney,” has named the Firm’s website, www.lemonlaw.com as one of the best legal websites nationwide.

Kimmel & Silverman has six full-service offices in Ambler, PA; Pittsburgh, PA; Wilmington, DE; Owings Mills, MD; Norwell, MA; and Cherry Hill, NJ. For more information about Kimmel and Silverman, and the services they provide, please call 1-800-LEMON-LAW (1-800-536-6652) or visit the firm’s website at www.lemonlaw.com.

Read about our experienced team of Lemon Law Attorneys.

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Saturday, March 17, 2007

Judge rules in favor of woman despite failure to follow letter of law

Wisconsin was an early adopter in vehicle lemon laws, creating a law to benefit consumers in 1984. The state’s law, like similar laws in many states, allows an owner of a defective vehicle to seek replacement or a refund in cases where a vehicle proves unrepairable over a specific period of time.

In the case of one woman, a resident of Hartland, that law ended up costing Mazda nearly one third of a million dollars.

The case seems fairly straightforward - Adele Garcia purchased a 2001 Mazda SUV. After a short period of time, the transmission failed. After numerous repairs, the vehicle ended up having four different transmissions, and none of them seemed to work correctly. She sought protection under the Wisconsin lemon law, and thought that the matter would be resolved quickly.

It should have been, but the Mazda dealership required Ms. Garcia to pay some $2200 in exchange for receiving a new car. Ms. Garcia hired a lawyer.

At this point, the case became quite complicated, and before it was over, Mazda had to pay $60,000 to Ms Garcia, $138,000 to her attorney and an estimated $100,000 to their own attorneys. All because they elected not to simply swap vehicles.

The legal wrangling involved a piece of minutiae in the law. Ms. Garcia wrote a letter to Mazda, asking for a replacement vehicle under the lemon law. According to Mazda, while she did do that, she did not expressly offer to sign over the title of her existing vehicle to Mazda in exchange for receiving the new vehicle. It seems obvious to most observers that if someone asks to have their vehicle “replaced” via the lemon law, that they would, in turn, give up the existing vehicle as part of the exchange. Apparently, the Wisconsin statute specifically requires the vehicle owner to offer to sign over the title of the existing vehicle in writing when making a request for a vehicle replacement. Ms. Garcia did not do that.

The judge in the case reacted in a reasonable manner, pointing out that while the law exists to help consumers, it is unreasonable to expect consumers to “carry statute books under their arms.” He ruled that while the law clearly states that the offer to sign over the title in exchange for a replacement vehicle must be made, it is also clear that a request for a replacement vehicle adequately implies an offer to sign over the title of the defective vehicle.

It seems unfortunate that such a small amount of legal language should have held up replacement of this vehicle for several years, but that is how the court system often works. What seems truly odd is that Mazda wouldn’t have examined potential costs of this case ahead of time. It seems obvious, even to a casual observer, that replacing the vehicle, with or without an explicit offer to sign over the title, would have been much more cost effective than litigating the case. Even if Mazda had won the case, the company would have been out much more money than if they had simply replaced the SUV in the first place.

There is a lesson here for consumers. Read the lemon law carefully, and if you have an doubts about the statute, consult an attorney who specializes in lemon law cases.

If you have a van, car, or pickup truck, you should cover your investment. Auto insurance is expensive, but why pay a lot if you don't have to? InsureMe can provide a quick price quote from an insurance company near where you live at a reasonable rate.

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California lemon law aided by Bill of Rights

California lemon law aided by Bill of Rights

California’s lemon law, one of the first in the nation, has now been “accessorized” by the addition of the Car Buyer’s Bill of Rights, which will aid those who buy used cars.

Car Buyer’s Bill of Rights a big help for used car buyers

California became the first state in the country to pass an auto “lemon law” in 1982, and that pioneering legislation remains one of the most powerful, consumer-friendly laws in the country. It has, without a doubt, saved millions of dollars in headaches for consumers who have been troubled by defective automobiles who would otherwise have had to just “live with it.” Unfortunately, the California lemon law covers new cars only, and those who purchase used cars in California have still been expected to take risks. What if the car has hidden defects? What if the seller knows something bad about the car that he or she isn’t saying? Until now, the sole responsibility fell upon the buyer.

Signed into law by Governor Arnold Schwarzenegger in late July, the Car Buyer’s Bill of Rights offers a significant change in the way used cars are sold in California। Buyers will now have the option of returning a used vehicle to the point of purchase after a two day “cooling off” period. This gives buyers an opportunity to get to know their vehicles and, with luck, a chance to find any defects or problems with the vehicle that were either unknown or undisclosed at the time of sale.


Those in the used auto industry have expressed concern over the legislation, which has been steadily refined over the past several years. As originally written, the law would allow any buyer to return a car after two days with no charge and no penalty. This, dealers argued, would effectively allow consumers to “borrow” a car for two days for free, spawning fears that people who just needed a car for a weekend trip to Palm Springs would “borrow” one rather than rent one.

The legislature listened to these concerns and others and addressed them in the new law. Buyers will pay a fee in order to enable the return privilege. This fee may not exceed $250. This will still give buyers the opportunity to save a bit of money should they be willing to take the traditional risks associated with buying a used vehicle. In addition to the upfront fee, dealers will be permitted to charge a restocking fee for any returned vehicle. This fee is capped at a maximum of $500. The law applies to all used cars of under $40,000, including certified used cars.

While the law allows consumers to return a car for any reason at all, the bill does require that the vehicle in question be driven no more than 250 miles during the cooling off period. This is an attempt to further restrict consumers from simply “borrowing” the car for two days.

Legislators hope that this new law will add more transparency to the process of selling cars and will entice sellers to be more forthright about any problems the vehicles on their lot might have. There’s no point in hiding a defect if the consumer has the right to find it and return it two days later. In addition, consumers are now protected against “buyer’s remorse”, should they decide, for whatever reason, that buying the vehicle just wasn’t a good idea.

This law seems like a good compromise, protecting consumers against fraud while protecting dealers against abuse by buyers. We hope to see similar laws passed in other states soon.

If you have a car, van or truck, you must insure your investment. Auto insurance may be pricey, but why pay too much if you don't have to? InsureMe can provide a speedy price quote from an insurance company near where you live at a price that is competitive.



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Wisconsin Lemon Law Statutes

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Wisconsin Lemon Law Statutes

Chapter 218.015
  1. 218.015(1) (intro.) In this section:

    1. 218.015(1)(a) "Collateral costs" means expenses incurred by a consumer in connection with the repair of a nonconformity, including the costs of obtaining alternative transportation.


    2. 218.015(1)(b) (intro.) "Consumer" means any of the following:

      1. 218.015(1)(b)1. The purchaser of a new motor vehicle, if the motor vehicle was purchased from a motor vehicle dealer for purposes other than resale.


      2. 218.015(1)(b)2. A person to whom the motor vehicle is transferred for purposes other than resale, if the transfer occurs before the expiration of an express warranty applicable to the motor vehicle.


      3. 218.015(1)(b)3. A person who may enforce the warranty.


      4. 218.015(1)(b)4. A person who leases a motor vehicle from a motor vehicle lessor under a written lease.

      218.015(1)(bd) (bd) "Demonstrator" means used primarily for the purpose of demonstration to the public.

      218.015(1)(bg)
      (bg) "Early termination cost" means any expense or obligation a motor vehicle lessor incurs as a result of both the termination of a written lease before the termination date set forth in that lease and the return of a motor vehicle to a manufacturer under sub. (2) (b) 3. "Early termination cost" includes a penalty for prepayment under a finance arrangement.

      218.015(1)(bj)
      (bj) "Early termination savings" means any expense or obligation a motor vehicle lessor avoids as a result of both the termination of a written lease before the termination date set forth in that lease and the return of a motor vehicle to a manufacturer under sub. (2) (b) 3. "Early termination savings" includes an interest charge the motor vehicle lessor would have paid to finance the motor vehicle or, if the motor vehicle lessor does not finance the motor vehicle, the difference between the total amount for which the lease obligates the consumer during the period of the lease term remaining after the early termination and the present value of that amount at the date of the early termination.

      218.015(1)(bp)
      (bp) "Executive" means used primarily by an executive of a licensed manufacturer, distributor or dealer, and not used for demonstration to the public.


    3. 218.015(1)(c)"Manufacturer" means a manufacturer as defined in s. 218.01 (1) (L) and agents of the manufacturer, including an importer, a distributor, factory branch, distributor branch and any warrantors of the manufacturer's motor vehicles, but not including a motor vehicle dealer.


    4. 218.015(1)(d) "Motor vehicle" means any motor driven vehicle required to be registered under ch. 341 or exempt from registration under s. 341.05 (2), including a demonstrator or executive vehicle not titled or titled by a manufacturer or a motor vehicle dealer, which a consumer purchases or accepts transfer of in this state. "Motor vehicle" does not mean a moped, semitrailer or trailer designed for use in combination with a truck or truck tractor.


    5. 218.015(1)(e) "Motor vehicle dealer" has the meaning given under s. 218.01 (1) (n).

      218.015(1)(em)
      (em) "Motor vehicle lessor" means a person who holds title to a motor vehicle leased to a lessee, or who holds the lessor's rights, under a written lease.


    6. 218.015(1)(f) "Nonconformity" means a condition or defect which substantially impairs the use, value or safety of a motor vehicle, and is covered by an express warranty applicable to the motor vehicle or to a component of the motor vehicle, but does not include a condition or defect which is the result of abuse, neglect or unauthorized modification or alteration of the motor vehicle by a consumer.


    7. 218.015(1)(h) (intro.) "Reasonable attempt to repair" means any of the following occurring within the term of an express warranty applicable to a new motor vehicle or within one year after first delivery of the motor vehicle to a consumer, whichever is sooner:

      1. 218.015(1)(h)1. The same nonconformity with the warranty is subject to repair by the manufacturer, motor vehicle lessor or any of the manufacturer's authorized motor vehicle dealers at least 4 times and the nonconformity continues.


      2. 218.015(1)(h)2. The motor vehicle is out of service for an aggregate of at least 30 days because of warranty nonconformities.


  2. 218.015(2)

    1. 218.015(2)(a) If a new motor vehicle does not conform to an applicable express warranty and the consumer reports the nonconformity to the manufacturer, the motor vehicle lessor or any of the manufacturer's authorized motor vehicle dealers and makes the motor vehicle available for repair before the expiration of the warranty or one year after first delivery of the motor vehicle to a consumer, whichever is sooner, the nonconformity shall be repaired.


    2. 218.015(2)(b)

      1. 218.015(2)(b)1. If after a reasonable attempt to repair the nonconformity is not repaired, the manufacturer shall carry out the requirement under subd. 2. or 3., whichever is appropriate.


      2. 218.015(2)(b)2. (intro.) At the direction of a consumer described under sub. (1) (b) 1., 2. or 3., do one of the following:

        1. 218.015(2)(b)2.a. Accept return of the motor vehicle and replace the motor vehicle with a comparable new motor vehicle and refund any collateral costs.


        2. 218.015(2)(b)2.b. Accept return of the motor vehicle and refund to the consumer and to any holder of a perfected security interest in the consumer's motor vehicle, as their interest may appear, the full purchase price plus any sales tax, finance charge, amount paid by the consumer at the point of sale and collateral costs, less a reasonable allowance for use. Under this subdivision, a reasonable allowance for use may not exceed the amount obtained by multiplying the full purchase price of the motor vehicle by a fraction, the denominator of which is 100,000 or, for a motorcycle, 20,000, and the numerator of which is the number of miles the motor vehicle was driven before the consumer first reported the nonconformity to the motor vehicle dealer.


      3. 218.015(2)(b)3.

        1. 218.015(2)(b)3.a. With respect to a consumer described in sub. (1) (b) 4., accept return of the motor vehicle, refund to the motor vehicle lessor and to any holder of a perfected security interest in the motor vehicle, as their interest may appear, the current value of the written lease and refund to the consumer the amount the consumer paid under the written lease plus any sales tax and collateral costs, less a reasonable allowance for use.


        2. 218.015(2)(b)3.b. Under this subdivision, the current value of the written lease equals the total amount for which that lease obligates the consumer during the period of the lease remaining after its early termination, plus the motor vehicle dealer's early termination costs and the value of the motor vehicle at the lease expiration date if the lease sets forth that value, less the motor vehicle lessor's early termination savings.

The Magnuson-Moss Warranty Act

The Magnuson-Moss Warranty Act is a Federal Law that protects the buyer of any product which costs more than $25 and comes with an express written warranty. This law applies to any product that you buy that does not perform as it should.

Your car is a major investment, rationalized by the peace of mind that flows from its expected dependability and safety. Accordingly, you are entitled to expect an automobile properly constructed and regulated to provide reasonably safe, trouble-free, and dependable transportation – regardless of the exact make and model you bought. Unfortunately, sometimes these principles do not hold true and defects arise in automobiles. Although one defect is not actionable, repeated defects are as there exists a generally accepted rule that unsuccessful repair efforts render the warrantor liable. Simply put, there comes a time when “enough is enough” – when after having to take your car into the shop for repairs an inordinate number of times and experiencing all of the attendant inconvenience, you are entitled to say, ‘That’s all,’ and revoke, notwithstanding the seller’s repeated good faith efforts to fix the car. The rationale behind these basic principles is clear: once your faith in the vehicle is shaken, the vehicle loses its real value to you and becomes an instrument whose integrity is impaired and whose operation is fraught with apprehension. The question thus becomes when is “enough”?

As you know, enough is never enough from your warrantor’s point of view and you should simply continue to have your defective vehicle repaired – time and time again. However, you are not required to allow a warrantor to tinker with your vehicle indefinitely in the hope that it may eventually be fixed. Rather, you are entitled to expect your vehicle to be repaired within a reasonable opportunity. To this end, both the federal Moss Warranty Act, and the various state “lemon laws,” require repairs to your vehicle be performed within a reasonable opportunity.

Under the Magnuson-Moss Warranty Act, a warrantor should perform adequate repairs in at least two, and possibly three, attempts to correct a particular defect. Further, the Magnuson-Moss Warranty Act’s reasonableness requirement applies to your vehicle as a whole rather than to each individual defect that arises. Although most of the Lemon Laws vary from state to state, each individual law usually require a warrantor to cure a specific defect within four to five attempts or the automobile as a whole within thirty days. If the warrantor fails to meet this obligation, most of the lemon laws provide for a full refund or new replacement vehicle. Further, this reasonable number of attempts/reasonable opportunity standard, whether it be that of the Magnuson-Moss Warranty Act or that of the Lemon Laws, is akin to strict liability – once this threshold has been met, the continued existence of a defect is irrelevant and you are still entitled to relief.

One of the most important parts of the Magnuson-Moss Warranty Act is its fee shifting provision. This provision provides that you may recover the attorney fees incurred in the prosecution of your case if you are successful – independent of how much you actually win. That rational behind this fee shifting provision is to twofold: (1) to ensure you will be able to vindicate your rights without having to expend large sums on attorney's fees and (2) because automobile manufacturers are able to write off all expenses of defense as a legitimate business expense, whereas you, the average consumer, obviously does not have that kind of economic staying power. Most of the Lemon Laws contain similar fee shifting provisions.

You may also derive additional warranty rights from the Uniform Commercial Code; however, the Code does not allow you in most states to recover your attorney fees and is also not as consumer friendly as the Magnuson-Moss Warranty Act or the various state lemon laws.

The narrative information on Magnuson-Moss, UCC and lemon laws on these pages is provided by Marshall Meyers, attorney.


Uniform Commercial Code Summary

The Uniform Commercial Code or UCC has been enacted in all 50 states and some of the territories of the United States. It is the primary source of law in all contracts dealing with the sale of products. The TARR refers to Tender, Acceptance, Rejection, Revocation and applies to different aspects of the consumer's "relationship" with the purchased goods.

TENDER -
The tender provisions of the Uniform Commercial Code contained in Section2-601 provide that the buyer is entitled to reject any goods that fail in any respect to conform to the contract. Unfortunately, new cars are often technically complex and their innermost workings are beyond the understanding of the average new car buyer. The buyer, therefore, does not know whether the goods are then conforming.

ACCEPTANCE -
The new car buyer accepts the goods believing and expecting that the manufacturer will repair any problem he has with the goods under the warranty.

REJECTION -
The new car buyer may discover a problem with the vehicle within the first few miles of his purchase. This would allow the new car buyer to reject the goods. If the new car buyer discovers a defect in the car within a reasonable time to inspect the vehicle, he may reject the vehicle. This period is not defined. On the one hand, the buyer must be given a reasonable time to inspect and that reasonable time to inspect will be held as an acceptance of the vehicle. The Courts will decide this reasonable time to inspect based on the knowledge and experience of the buyer, the difficulty in discovering the defect, and the opportunity to discover the defect.
The following is an example of a case of rejection: Mr. Zabriskie purchase a new 1966 Chevrolet Biscayne. After picking up the car on Friday evening, while en route to his home 2.5 miles away, and within 7/10ths of a mile from the dealership, the car stalled and stalled again within 15 feet. Thereafter, the car would only drive in low gear. The buyer rejected the vehicle and stopped payment on his check. The dealer contended that the buyer could not reject the car because he had driven it around the block and that was his reasonable opportunity to inspect. The New Jersey Court said;

To the layman, the complicated mechanisms of today's automobile are a complete mystery. To have the automobile inspected by someone with sufficient expertise to disassemble the vehicle in order the discover latent defects before the contract is signed, is assuredly impossible and highly impractical. Consequently, the first few miles of driving become even more significant to the excited new car buyer. This is the buyer's first reasonable opportunity to enjoy his new vehicle to see if it conforms to what it was represented to be and whether he is getting what he bargained for. How long the buyer may drive the new car under the guise of inspection of new goods is not an issue in the present case because 7/10th of a mile is clearly within the ambit of a reasonable opportunity to inspect. Zabriskie Chevrolet, Inc. v. Smith, 240 A. 2d 195(1968)

It is suggested that Courts will tend to excuse use by consumers if possible.

REVOCATION -
What happens when the consumer has used the new car for a lengthy period of time? This is the typical lemon car case. The UCC provides that a buyer may revoke his acceptance of goods whose non-conformity substantially impairs the value of the goods to him when he has accepted the goods without discovery of a non-conformity because it was difficult to discover or if he was assured that non-conformities would be repaired. Of course, the average new car buyer does not learn of the nonconformity until hundreds of thousands of miles later. And because quality is job one, and manufacturers are competing on the basis of their warranties, the consumer always is assured that any noncomformities he does discover will be remedied.
What is a noncomformity substantially impairing the value of the vehicle?

  1. A noncomformity may include a number of relatively minor defects whose cumulative total adds up to a substantial impairment. This is the "Shake Faith" Doctrine first stated in the Zabrisikie case. "For a majority of people the purchase of a new car is a major investment, rationalized by the peace of mind that flows from its dependability and safety. Once their faith is shaken, the vehicle loses not only its real value in their eyes, but becomes an instrument whose integrity is substantially impaired and whose operation is fraught with apprehension".
  2. A substantial noncomformity may include a failure or refusal to repair the goods under the warranty. In Durfee V. Rod Baxter Imports, the Minnesota Court held that the Saab owner that was plagued by a series of of annoying minor defects and stalling, which were never repaired after a number of attempts, could revoke, "if repairs are not successfully undertaken within a reasonable time", the consumer may elect to revoke.
  3. Substantial Non Conformity and Lemon Laws often define what may be considered a substantial impairment. These definitions have been successfully used to flesh out the substantial impairment in the UCC.

Additional narrative information on Magnusson-Moss, UCC and lemon laws on these pages is provided by T. Michael Flinn, attorney.

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Tuesday, March 13, 2007

Pittsburgh Lemon Law

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Pittsburgh Lemon Law

Pittsburgh Lemon Law Help by a leading Pittsburgh Lemon Law Firm

Pittsburgh Lemon Law firm of David J. Gorberg & Associates located in the heart of Pittsburgh has been providing free Pittsburgh lemon law help to consumers of defective lemon cars. The firm is a leading Pittsburgh lemon law firm and has helped thousands of consumers obtain lemon law relief throughout the Pittsburgh and western Pennsylvania area.

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The lemon law firm is widely recognized as a leader in the field of lemon law and has educated Pittsburgh consumers through our award winning internet site. The firm's offices are located at the 2325 Grant Building, 330 Grant Street in the heart of Pittsburgh. The Pittsburgh lemon law office allows the firm to better serve it's growing base of clients throughout western Pennsylvania

The Pennsylvania lemon law, also locally known as the Pittsburgh Lemon Law is intended to protect consumers of lemon cars with a remedy in the form of a refund or replacement car. If your car is a lemon, you may be eligible for a refund, new car or cash back. All fees are paid by the manufacturer, so you have nothing to lose except your lemon car.

The PA Lemon Law was enacted to protect the Pennsylvania consumer, however the Law is complicated and is subject to various interpretations. Pittsburgh Lemon Law Attorney David J. Gorberg, located in Pittsburgh, PA provides free help to PA consumers of lemon cars throughout the state.

The state lemon law applies to all vehicles sold or leased throughout Pennsylvania. Even though many people refer to the law as the Pittsburgh lemon law, the law is actually a state act, and is not just limited to Pittsburgh. The firm has represented Pittsburgh lemon law clients, Pittsburgh lemon law clients and many clients throughout the state. You do not have to live in Pittsburgh in order to have a valid lemon law claim.

PA lemon law covers all new and leased cars which contain a nonconformity which the dealer is not able to repair after three repair attempts, or is out of service by more then thirty days. The law defines a nonconformity as a defect, or condition which substantially impairs use, value or safety. The law requires the nonconformity to exist within one year or 12,000 miles which ever comes first. To see a copy of the law click here.

David J. Gorberg is PA's and Pittsburgh lemon law attorney, and has been recognized both nationally as a leader in the field of lemon law. David J. Gorberg has tried numerous PA lemon law cases to successful lemon law verdicts and has represented many Pittsburgh lemon law clients through out the state of Pennsylvania. To see a list of our recent PA lemon law cases click here.

To learn more about your PA Lemon Law rights for your defective lemon car call toll free 1-800-MY LEMON (1-800-695-3666), or submit a free PA Lemon Law evaluation at no cost to you. There never a fee to you of our assistance. Join the thousands of clients who have obtained relief today!

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Warranty Comparison

Pennsylvania Lemon Law
Warranty Comparison - Lemon Law help

Pennsylvania Lemon Law


MAKE BASIC
POWERTRAIN
CORROSION
ROADSIDE
Years Miles Years Miles Years Miles Years Miles
Acura 4 50,000 4 50,000 5 Unl. 4 50,000
Audi 4 50,000 4 50,000 12 Unl. 4 Unl.
BMW 4 50,000 4 50,000 6 Unl. 4 50,000
Buick 3 36,000 3 36,000 6 100,000 3 36,000
Cadillac 4 50,000 4 50,000 6 100,000 4 50,000
Chevrolet 3 36,000 3 36,000 6 100,000 3 36,000
Chrysler 3 36,000 3 36,000 5 100,000 3 36,000
Daewoo 3 36,000 5 60,000 5 Unl. 3 36,000
Dodge 3 36,000 3 36,000 5 100,000 3 36,000
Ford 3 36,000 3 36,000 5 Unl. 3 36,000
GMC 3 36,000 3 36,000 6 100,000 3 36,000
Honda 3 36,000 3 36,000 5 Unl. --- ---
Hyundai 5 60,000 10 100,000 5 100,000 5 Unl.
Infiniti 4 60,000 6 70,000 7 Unl. 4 Unl.
Isuzu 3 50,000 10 120,000 6 100,000 5 60,000
Jaguar 4 50,000 4 50,000 6 Unl. 4 50,000
Jeep 3 36,000 3 36,000 5 100,000 3 36,000
Kia 5 60,000 10 100,000 5 100,000 5 60,000
Land Rover 4 50,000 4 50,000 6 Unl. 4 50,000
Lexus 4 50,000 6 70,000 6 Unl. 4 Unl.
Lincoln 4 50,000 4 50,000 5 Unl. 4 50,000
Mazda 3 50,000 3 50,000 5 Unl. 3 50,000
Mercedes-Benz 4 50,000 4 50,000 4 50,000 Unl. Unl.
Mercury 3 36,000 3 36,000 5 Unl. 3 36,000
Mitsubishi 3 36,000 5 60,000 7 100,000 3 36,000
Nissan 3 36,000 5 60,000 5 Unl. --- ---
Oldsmobile 5 60,000 5 60,000 6 100,000 3 36,000
Plymouth 3 36,000 3 36,000 5 100,000 3 36,000
Pontiac 3 36,000 3 36,000 6 100,000 3 36,000
Porsche 4 50,000 4 50,000 10 Unl. 4 50,000
Saab 4 50,000 4 50,000 6 Unl. 4 50,000
Saturn 3 36,000 3 36,000 6 100,000 3 36,000
Subaru 3 36,000 5 60,000 5 Unl. 3 36,000
Suzuki 3 36,000 3 36,000 3 Unl. 3 36,000
Toyota 3 36,000 5 60,000 5 Unl. --- ---
Volkswagon 4 50,000 5 60,000 12 Unl. 4 50,000
Volvo 4 50,000 4 50,000 8 Unl. 4 Unl.

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Warranty problems

Warranty problems

A warranty is a promise

A warranty is a seller’s promise that a product will perform as intended. The warranty tells what items the seller will pay to fix after the sale, and for how long. A vehicle may have a "manufacturer warranty" that obligates the manufacturer to pay the cost of certain repairs. Or it may have a "dealer warranty" that obligates the dealer to pay. If a car comes with a warranty, you are entitled to get the warranty in writing from the dealership. Read the warranty carefully to learn what is covered, for how long, who pays for the repairs, and what you must do to keep the warranty in effect.

New and used car warranties

All new cars come with a manufacturer warranty. Tires, batteries, and dealer-installed options may have separate manufacturer warranties.

Some used cars come with a warranty. The Wisconsin buyers guide (used car window sticker) shows whether the used car comes with a "dealer limited warranty," or remaining "manufacturer warranty." If the vehicle comes with remaining manufacturer warranty, consult the warranty book or ask the seller what you need to do to have the warranty transferred into your name.

Many used cars come with no warranty at all. These cars show "AS-IS - NO WARRANTY" on their window sticker. When you buy a car as-is, the dealer and manufacturer are not responsible for paying for repairs after the sale.

What to do if your car needs warranty repairs

If your car needs repairs under a dealer warranty, consult the warranty or selling dealer to find out which repair shops are authorized to do your warranty repairs. If it needs repairs under a manufacturer warranty, you may take it to any dealer authorized to sell your make of car.

Dealer Section can help

Occasionally the dealership fails to repair your car as the warranty promises, or charges you for repairs covered by the warranty. If this happens to you, you may contact Wisconsin Department of Transportation (WisDOT) Dealer Section at (608) 266-1425 or by e-mail at dealers.dmv@dot.state.wi.us to learn more about filing a dealer complaint. Dealer Section can help you get your warranty repairs done as promised in the warranty.

To file a complaint against a dealership

Complete WisDOT’s MV2338 PDF Dealer Complaint Form. Mail the form to WisDOT Dealer Section at the address below. Attach readable copies or originals of documents related to your vehicle purchase or lease. Include a copy of your warranty or the part of the warranty that relates to your vehicle problem. WisDOT will use the information you provide to resolve your complaint and enforce the laws. It may share the information with the dealer you name in your complaint. Under Wisconsin’s open records law, your complaint will be available for public review upon request.

Note: If your complaint is about unsatisfactory repair work that is not covered by a warranty, contact the Wisconsin Department of Agriculture, Trade and Consumer Protection at (800) 422-7128 or by e-mail at datcphotline@datcp.state.wi.us. You can also file a complaint with DATCP online.

About Dealer Section

WisDOT Dealer Section licenses, regulates and educates the motor vehicle industry, and resolves disputes about dealership sales and warranty repairs. It also investigates complaints about odometer tampering involving dealerships and private sellers.

If you have questions:

Wisconsin Department of Transportation
Dealer Section
4802 Sheboygan Avenue, Room 201
P.O. Box 7909
Madison, WI 53707-7909

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Problem used car

Problem used car
Car buyers are protected by law

If you bought your used car from a licensed Wisconsin dealership, you are protected by Wisconsin’s Motor Vehicle Trade Practice Laws. You don’t have the same protection if you buy from a private party.
A dealership must tell you what it can reasonably discover about the vehicle

Dealerships perform a used vehicle inspection and complete a window disclosure label before offering a vehicle for sale. They test drive the vehicle, and check the exterior of the vehicle, the underside, and under the hood for problems. They also review any paperwork they have for the vehicle, including the vehicle title. The dealership then completes a window label called the Wisconsin Buyers Guide. The Buyers Guide tells you if the vehicle has any existing problems or important history you should know about. Dealerships are required to list any problems they should reasonably have known about based on their inspection, test drive and paperwork check. They do not have to take vehicles apart or run diagnostic tests to find hidden problems. They also do not have to tell you about future problems your vehicle may develop because of its current age or condition.
Vehicle condition should match the label

You are entitled to receive a vehicle that is in the condition the Wisconsin Buyers Guide window sticker describes. If the dealer fails to list on the Buyers Guide an existing problem they should have detected during the test drive or inspection, you may have remedies under the law.

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See your Wisconsin Buyers Guide for vehicle information

The Wisconsin Buyers Guide provides the following useful information about a used vehicle offered for sale:

How the vehicle was used.
For example, the label will show if the vehicle was privately driven, leased, used as a business vehicle, rented or used as a police vehicle. A vehicle’s history may tell you something about how it was driven and cared for.

Title brands that will be on your title.
Title brands are permanent notations that will appear on any future title issued for a particular vehicle. Brands show, for example, whether a vehicle was rebuilt salvage, flood damaged, or bought back by the manufacturer under a lemon law.

Year, make and model of the vehicle.
It also lists, the vehicle identification number (VIN), engine size and transmission type.

Warranty information.
Whether the vehicle is being sold with remaining manufacturer warranty, a dealer warranty or "as is." A vehicle sold "as is" has no manufacturer or dealer warranty. The dealer has no obligation to pay for repairing problems that develop after the sale. However, even when selling a vehicle "as is," the dealer must inspect the vehicle and disclose existing problems. The "Wisconsin Buyers Guide" must accurately reflect the condition the vehicle is in at the time of sale.

The condition of general and safety equipment items.
It is legal for a dealership to sell you a vehicle with safety or general condition problems. They can even sell you a vehicle that is not legal to operate on Wisconsin roadways. However, they must disclose these problems on the "Wisconsin Buyers Guide."

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Dealers are not required to note that a vehicle had been in an accident

The "Wisconsin Buyers Guide" does not require the dealership to mark whether the vehicle has ever been in an accident. In some cases, there would be no way a dealership could detect repaired damage based on the inspection and test drive. However, a dealership is required to tell you about any existing accident damage, or any repaired damage to the vehicle frame, strut tower, floor pan, or structural portion of the unibody. Again, the dealership is only obligated to disclose items it could reasonably detect during the test drive, vehicle inspection, and inspection of vehicle records at the dealership.

If you ask dealerships whether or not the car has been in an accident, they are not required to do additional research to find out and tell you. However, they should tell you if there are signs that the vehicle was in a bad accident or one that affects how it works now.
Motor Vehicle Purchase Contract is binding

Dealers will have you sign a Motor Vehicle Purchase Contract when you buy a car. The law requires a dealership to have you sign the contract anytime it takes a deposit from you. The purchase contract is binding when you and the dealership have signed it. You cannot cancel the contract without paying a penalty. There is no 3-day right to cancel a contract signed at a dealership. (See Purchase cancellation). It is important to read and understand the entire contract before you sign it. Don’t sign until you are sure you want to buy the car.
Get promises in writing

Any promises the dealership makes to you regarding your vehicle or purchase should be written on the Motor Vehicle Purchase Contract. If you are buying a vehicle with the understanding that something will be fixed for you before or after you pick up the car, get it in writing. Spoken promises are very hard to prove or enforce. (For more tips on being a wise car-buyer, see Vehicle buyer's guide - "Wise Buys")

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Dealer section can help

If you have a problem with a used car you bought from a Wisconsin dealership, Wisconsin Department of Transportation's (WisDOT) Dealer Section may be able to help. However, Wisconsin law says that before it can investigate your case, you must tell the dealership about the problem and give it an opportunity to resolve the situation. Keep a record of any contact with the dealership, including whom you talk to and when. Get an invoice for any repairs, or write down the date, time, and repair person’s name. Be reasonable and friendly with the dealer. Make clear exactly what you would like the dealership to do to resolve your problem. If you don’t resolve your dispute with the dealer, contact WisDOT's Dealer Section at (608) 266-1425 or by e-mail at dealers.dmv@dot.state.wi.us.
How to file a complaint against a dealership

Complete and mail in WisDOT’s MV2338 PDF Dealer Complaint form. Attach readable copies or originals of documentation related to your vehicle purchase. WisDOT will use the information you provide to resolve your complaint and enforce the laws. It may share the information with the dealer you name in your complaint. Under Wisconsin’s Open Records Law, your complaint will be available for public review upon request.
Dealer Section regulates industry

WisDOT's Dealer Section licenses, regulates and educates the motor vehicle industry, and resolves disputes about dealership sales and warranty repairs. The Dealer Section also investigates complaints about odometer tampering involving dealerships and private sellers.

If you have questions:

* Call: (608) 266-1425
* FAX: (608) 267-0323
* E-mail: dealers.dmv@dot.state.wi.us
* Write to the address below:

Wisconsin Department of Transportation
Dealer Section
4802 Sheboygan Avenue, Room 201
P.O. Box 7909
Madison, WI 53707-7909

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Monday, March 12, 2007

Philadelphia Lemon Law

Philadelphia Lemon Law

Philadelphia Lemon Law Help by the largest Philadelphia Lemon Law Firm

Philadelphia Lemon Law firm of Gorberg, Gorberg and Zuber located in Philadelphia since 1960 has been providing free Philadelphia lemon law help to consumers of defective lemon cars. The firm is one of the largest Philadelphia lemon law firms and has helped thousands of consumers obtain lemon law relief throughout the Philadelphia and Pittsburgh area.

We are widely recognized as a leader in the field of lemon law and have educated Philadelphia consumers through our numerous bill boards, radio commercials as well as our internet site.

The Pennsylvania lemon law, also locally known as the Philadelphia Lemon Law is intended to protect consumers of lemon cars with a remedy in the form of a refund or replacement car. If your car is a lemon, you may be eligible for a refund, new car or cash back. All fees are paid by the manufacturer, so you have nothing to lose except your lemon car.

The state lemon law applies to all vehicles sold or leased throughout Pennsylvania. Even though many people refer to the law as the Philadelphia lemon law, the law is actually a state act, and is not just limited to Philadelphia. The firm has represented Pittsburgh lemon law clients, Philadelphia lemon law clients and many clients throughout the state. You do not have to live in Philadelphia in order to have a valid lemon law claim.

The PA Lemon Law was enacted to protect the Pennsylvania consumer, however the Law is%

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Car Lemon Law Tips Consumers Need To Know

Car Lemon Law Tips Consumers Need To Know

  1. When negotiating with the dealer, talk PRICE not MONTHLY PAYMENTS

    To ensure that your purchase is a good value, focus your negotiations on the price of the vehicle. If you let the dealer negotiate with you based on the monthly payment for the vehicle, you might end up paying significantly more than the value of the vehicle. If you are trading in a vehicle, first ask the dealer to give you a firm trade-in offer in writing. Be sure that the offer is for the ‘actual cash value’ of the vehicle. Sometimes dealers give consumers an ‘overallowance’ or a trade in value that is worth much more than the value of the vehicle, and then expect to make up the difference by selling you ‘extras’ or offering financing at a very high rate.

    Once the trade-in value is negotiated, you should make an offer to the dealer based upon the dealer’s cost, not on the sticker price of the vehicle. Be sure that you first offer leaves you some room to raise your offer during negotiations!

  2. ‘Blue Book’ values may vary greatly

    Understanding the actual value of the vehicle is critical to negotiating a fair purchase price. Be sure to scrutinize any vehicle-pricing guide that the dealership offers you. Each vehicle pricing guide uses different criteria to compute a particular make and model’s value. For example, the National Automobile Dealers Association(NADA) Consumer Guide only lists its estimated retail price of a vehicle; it does not make its estimated trade-in value or loan value of a vehicle available to the general public. Edmunds Used Car Price Guide, however, lists both an estimated market value as well as an estimated trade-in value. Understand a guide’s criteria before you begin negotiations.

  1. NEVER buy a used vehicle without having an independent mechanic review it first

    Protect yourself by having a reputable, independent mechanic inspect the vehicle before you buy it. Walk away from any dealership that refuses to let you have an independent mechanic look at the vehicle before you buy it.

  2. Extras can be extraordinarily expensive

    Some dealers may encourage you to purchase additional services with the vehicle, such as rustproofing, extended warranties, and theft deterrent systems. These optional services are often overpriced. For example, insurance agents recently have reported that some dealers have charged consumers $200 for a theft deterrent program that etches the car’s vehicle ID number (VIN) on the windows of the car. This is a service that some insurance agents offer to consumers at no cost.

  3. "Doc Prep" fees are not required by law, and are often overpriced

    Many dealers charge a hefty fee for ‘document preparation.’ Some consumers have reported that this charge was not disclosed until after the price of the vehicle had been negotiated. Others have complained about dealers who insist the fees are mandatory. While it may be reasonable for dealers to charge you a fee for going to the Registry of Motor Vehicles, don’t get taken for a ride. Be aware of the following laws:

    The advertised price of a motor vehicle must include all mandatory charges, including documentary preparation charges. The maximum amount a dealer may charge you for preparing the title paperwork is $5.

  4. There is NOT a ‘cooling off’ period for car contracts

Once you and the dealer sign the purchase agreement, and you get a copy of it, you are bound by that agreement. You will not have a 24-hour or 3-day ‘cooling off’ period where you can cancel the deal. Before you sign on the dotted line, be sure the deal is acceptable to you. Read the entire contract carefully, and insist that all the terms you negotiated and agreed to be listed on the contract.

  1. Extended warranties are usually not a good value

Generally, extended warranties are costly and often duplicate the warranty offered by the dealer or the manufacturer. Evaluate an extended warranty carefully before you agree to purchase it. For more information about your lemon law warranty rights see understanding extended warranties.

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New Car Lemon Law Q & A

WHAT IS THE PURPOSE OF THE NEW YORK NEW CAR LEMON LAW?

The New Car Lemon Law provides a legal remedy for buyers or lessees of new cars that turn out to be lemons. If your car does not conform to the terms of the written warranty and the manufacturer or its authorized dealer is unable to repair the car after a reasonable number of attempts during the first 18,000 miles or two years, whichever comes first, you may be entitled to a full refund or a comparable replacement car. A copy of the law may be found in the back of this booklet.

WHICH CARS ARE COVERED BY THE LEMON LAW?

The law covers both new and used cars, including demonstrators, which satisfy all of the following four conditions:

1. The car was covered by the manufacturer's new car warranty at the time of original delivery; and

2. The car was purchased, leased or transferred within the earlier of the first 18,000 miles or two years from the date of original delivery; and

3. The car either: (a) was purchased, leased or transferred in New York State, or (b) is presently registered in New York State; and

4. The car is primarily used for personal purposes.

Some examples of cars that may be covered by the new car lemon law are:
  • a new or demonstrator car, purchased or leased from a New Jersey dealer and registered in New York;
  • a new or demonstrator car, purchased or leased from a New York dealer and registered in New Jersey;
  • a new or demonstrator car received as a gift from a friend and registered in New York State;
  • a used car with less than 18,000 miles and less than 2-years old.

WHAT DOES THE PHRASE "PRIMARILY USED FOR PERSONAL PURPOSES" MEAN?

A car is primarily used for personal purposes when its principal use is for personal, family or household purposes. Such purposes include, for example, using the car for household errands or to drive to and from work. A car may be used for both personal and business purposes provided that the personal use is predominant (more than 50% of the usage).

ARE MOTOR HOMES COVERED?

Yes. Motor homes are also covered under the law, except as to defects in systems, fixtures, appliances or other parts that are residential in character. However, there are special notice requirements with respect to motor homes. The law defines a motor home manufacturer to include not only the manufacturer but also the assembler of the component parts of the motor home, including the chassis, engine and residential portion.

ARE MOTORCYCLES AND OFF-ROAD VEHICLES COVERED?

Effective September 1, 2004, motorcycles are covered vehicles. Off-road vehicles, such as snowmobiles, are not covered by the law.

ARE CARS OWNED OR LEASED BY BUSINESSES COVERED?

Yes, provided the car is primarily used for personal, family or household purposes.

WHAT SHOULD YOU DO IF YOU BECOME AWARE OF A PROBLEM WITH YOUR CAR?

You should immediately report any defect or "condition" covered by the manufacturer's warranty directly to the manufacturer or to its authorized dealer.

A "condition" is a general problem, such as a difficulty in starting, repeated stalling, or a malfunctioning transmission, that can result from a defect of one or more parts.

If you report the problem to the dealer, the law requires the dealer to forward written notice to the manufacturer within seven days. Under the law, notice to the dealer is considered notice to the manufacturer.

WHAT IS THE MANUFACTURER'S DUTY TO REPAIR?

With respect to those covered cars sold and registered in New York State, if you notify the manufacturer or its authorized dealer of such defect within the first 18,000 miles of operation or two years from the original delivery date, whichever comes first, the law places a duty upon the manufacturer to repair --free of charge and without any deductible-- any defect covered by warranty.

Once timely notice of the defect is given, the manufacturer may not charge for the repairs, even if the repairs are performed after 18,000 miles or two years. If you have been charged for such repairs or a deductible, you should contact the Attorney General's office.

WHAT ARE YOUR RIGHTS IF THE MANUFACTURER DOES NOT MEET ITS DUTY TO REPAIR?

If the problem is not repaired after a reasonable number of attempts, or the manufacturer or the dealer refuses to commence repairs within 20 days from the manufacturer's receipt of the "refusal to repair" notice from you, and if the problem substantially impairs the value of the car, the manufacturer may be required to refund the full purchase or lease price, or offer a comparable replacement car.

DOES THE LAW SPECIFY THE NUMBER OF REQUIRED REPAIR ATTEMPTS?

Yes. It is presumed that there has been a reasonable number of attempts to repair a problem if, during the first 18,000 miles of operation or two years from the original delivery date, whichever comes first, either (a) the manufacturer (or its authorized dealer) has had an opportunity to repair the same problem four or more times and the problem continued to exist at the end of the fourth repair attempt; or (b) the car was out of service by reason of repair for a cumulative total of 30 or more calendar days for one or more problems.

You or the manufacturer may rebut this presumption by demonstrating that fewer, or more, than four repair attempts, or 30 days out-of-service due to repairs, is reasonable under the circumstances.

CAN YOU STILL OBTAIN A REFUND OR A REPLACEMENT CAR IF THE DEFECT HAS BEEN REPAIRED?

You may still be entitled to relief under the law, provided all other statutory requirements are met, if a defect continued to exist at the end of the fourth repair attempt, or if the car was out-of-service for a total of at least 30 days, notwithstanding that the defect was subsequently repaired.

For example, a defective transmission continued to exist after four repair attempts but on the fifth repair attempt it was fully repaired. Nevertheless, since it was not repaired at the end of the fourth repair attempt, you have met the presumption that a reasonable number of attempts has occurred and you may be entitled to relief.

WHAT CONSTITUTES SUBSTANTIAL IMPAIRMENT OF VALUE?

It will depend on the facts in each case. In general, your complaint must be about a serious problem. For example, a defect in the engine which makes the car inoperable is clearly substantial. Some courts have found that the cumulative effect of numerous lesser defects can add up to substantial impairment of value.

ARE THERE ANY EXCEPTIONS TO THE MANUFACTURER'S DUTY TO REFUND OR REPLACE?

The manufacturer does not have a duty to make a refund or provide a replacement car if: (a) the problem does not substantially impair the value of the car to you, or (b) the problem is a result of abuse, neglect or unauthorized alteration --such as a dealer installed option-- of the car.

SHOULD YOU CONTINUE TO MAKE YOUR PAYMENTS WHILE YOU ARE PURSUING YOUR RIGHTS UNDER THE LEMON LAW?

Yes. Unless otherwise advised by your lawyer, if the car is financed or leased, you should continue to make your monthly payments. Failure to do so may result in a repossession which may lead to your being unable to return the car to qualify for a refund or replacement car under the law.

WHAT SHOULD YOU DO IF THE DEALER REFUSES TO MAKE REPAIRS?

If the dealer refuses to make repairs within seven days of receiving notice from you, you should immediately notify the manufacturer in writing, by certified mail, return receipt requested, of the car's problem and that the dealer has refused to make repairs.

A sample notice to the manufacturer may be found in this booklet.

WHAT MUST THE MANUFACTURER DO UPON RECEIPT OF YOUR NOTICE OF THE DEALER'S REFUSAL TO MAKE REPAIRS?

The manufacturer or its authorized dealer must commence repairs within 20 days from receipt of your notice of the dealer's refusal to make repairs.

HOW CAN YOU PROVE YOU OWN A LEMON?

You must be able to establish the necessary repair attempts or days out-of-service due to repairs. Therefore, it is very important to keep careful records of all complaints, copies of all work orders, repair bills, correspondence, and all telephone and email communications.

A dealer is required by Department of Motor Vehicles (DMV) regulations to provide a legible and accurate written work order each time any repair work is performed on a car, including warranty work for which no charge is made. You may contact the DMV in Albany at 518-474-8943 if you have a problem obtaining your repair orders.

WHAT SHOULD BE INCLUDED IN YOUR REFUND?

The refund should include the price of the car (cash plus trade-in allowance), including all options, plus title and registration fees and any other governmental charges, less any lawful deductions. Other expenses or charges, such as loss of use, insurance premiums and finance charges, are not included under the law.

WHAT ARE THE "LAWFUL DEDUCTIONS?"

The manufacturer may deduct an amount for mileage in excess of the first 12,000 miles. No deductions may be made for the first 12,000 miles of use. The law states that such deduction shall be calculated by taking the mileage in excess of 12,000 miles times the purchase (or lease) price, divided by 100,000.
For example, if a defective car has 15,000 miles on its odometer and cost $20,000, the deduction for use would be $600 (3,000 multiplied by $20,000 divided by 100,000). In addition, a reasonable deduction may be taken for any damage not due to normal wear.

IF THE PURCHASE WAS FINANCED, HOW IS THE REFUND DIVIDED?

The refund by the manufacturer is the same whether the car was financed or not. However, when the car is financed, instead of the entire refund going to you, the refund must be divided between you and the lender (the bank or finance company). Generally, the lender will calculate how much is still owed by you and the refund will be applied first to that amount. The balance of the refund will then go to you.

IF THE CAR WAS LEASED, HOW IS THE REFUND CALCULATED?

When the car is leased, the refund due from the manufacturer is divided between you (the lessee) and the leasing company (which owns the car and to which you make lease payments) according to a formula provided by the law. The lease price to be refunded to you is the total of your down payment (including any trade-in allowance) plus the total of monthly lease payments, minus interest charges and any other service fees.

For example, you leased a new car under a three-year lease, with a $1,500 down payment, and pay a monthly lease payment of $300. Of the $300 monthly payment, $100 is allocated as interest charges. After making twelve monthly payments, you are granted a refund under the lemon law. The refund will be $3,900 calculated as follows:

Deposit ................... $1,500
+ Monthly Payments.
(12x300)
$3,600
$5,100
- minus interest(12x100) 1,200
total refund .............. $3,900

If the monthly payment includes other service fees, such as insurance or other costs, paid for your benefit, such amounts will also be deducted from your refund. The leasing company's portion of the refund is the balance of the "lease price," as that term is defined by the law.

IF THE CAR IS LEASED, DOES A FINDING THAT THE CAR IS A LEMON TERMINATE THE LEASE?

Yes. Once a finding has been made that a car is a lemon, the lease is terminated. As a result, no early termination penalties under the lease may be collected.

IF SUCCESSFUL, CAN YOU RECOVER SALES TAX?

Yes. State and local sales taxes are refunded directly by the New York State Commissioner of Taxation and Finance who will determine the appropriate amount to be refunded under the law. You must complete and submit an "Application for Refund of State and Local Sales Tax" (Form AU-11) to the New York State Department of Taxation and Finance, Central Office Audit Bureau - Sales Tax, State Campus, Albany, N.Y. 12227. (Such form may be obtained through the manufacturer or directly from the Commissioner of Taxation and Finance.)

You have three years from the date a refund is received from the manufacturer to apply for the tax refund.

WHAT IS A "COMPARABLE REPLACEMENT VEHICLE"?

The courts have ruled that the lemon law does not entitle you to receive a brand new vehicle if you elected to receive a "comparable replacement vehicle" instead of a refund. Rather, you are entitled to receive a car of the same year and model and which has approximately the same mileage as the car being replaced.

WHAT SPECIAL NOTICE REQUIREMENTS EXIST FOR MOTOR HOME OWNERS?

The law imposes special notice requirements with respect to motor homes. Manufacturers are to be given one final chance to repair the defect before you can take advantage of the remedies offered by the lemon law.

Once the motor home has been subject to three repair attempts, or has been out of service by reason of repair for 21 days, whichever occurs first, you must report such fact to the manufacturer or its authorized dealer by certified mail, return receipt requested, before taking into account any additional repair attempts or days out-of-service and seeking arbitration or commencing a lawsuit under the lemon law.

ARE THESE SPECIAL NOTICE REQUIREMENTS ALWAYS APPLICABLE?

No. The special notice requirements are only applicable if the manufacturer or its authorized dealer has provided you with a prior written copy of these requirements. Receipt of the notice must be acknowledged by you in writing.

WHAT IF YOU FAIL TO COMPLY WITH THESE SPECIAL NOTICE REQUIREMENTS FOR MOTOR HOMES?

If you fail to comply with the special notice requirements, additional repair attempts or days out of service will not be taken into account in determining your right to relief. However, additional repair attempts or down time will be considered if they occur after you have complied with the notification requirements.

HOW CAN YOU ENFORCE YOUR RIGHTS UNDER THE LEMON LAW?

You have the choice of either participating in an arbitration program or suing the manufacturer directly in court. Any action under the lemon law must be commenced within four years of the date of original delivery.

IF YOU WIN IN COURT, CAN ATTORNEY'S FEES ALSO BE RECOVERED?

Yes. The law authorizes the court to award you reasonable attorney's fees if you are successful.

WHAT IS AN ARBITRATION PROCEEDING?

Arbitration is much less complicated, time consuming and expensive than going to court. The arbitration hearing is informal and strict rules of evidence do not apply. Arbitrators, rather than judges, listen to each side, review the evidence and render a decision.

WHAT ARBITRATION PROGRAMS ARE AVAILABLE TO YOU IN NEW YORK?

You may participate in the New York State New Car Lemon Law Arbitration Program ("New York Program"), as provided by the lemon law. The New York Program is administered by the New York State Dispute Resolution Association ("NYSDRA") under regulations issued by the Attorney General. (A copy of the regulations may be found in the back of this booklet.) Decisions under the New York Program are binding on both parties.

You may also choose to participate in the auto manufacturer's arbitration program if one has been established. Decisions under the manufacturer's program are not binding on you. Consequently, if you have gone through the manufacturer's program and are not satisfied, you may still apply for arbitration under the New York Program. However, any prior arbitration decision may be considered at any subsequent arbitration hearing or court proceeding.

The law permits the manufacturer to require that you first participate in the manufacturer's program, provided it complies with federal regulations and New York's lemon law, before suing in court for relief under the lemon law. However, you do not have to go through the manufacturer's program before seeking relief under the New York state-run program.

HOW DO YOU PARTICIPATE IN THE NEW YORK PROGRAM?

You must first complete a "Request for Arbitration" form, which may be obtained from the Attorney General's website, www.oag.state.ny. us, or from any of the Attorney General's regional offices. (A list of the Attorney General's regional offices may be found at the end of this booklet). The completed form must be returned to the Attorney General's New Car Lemon Law Arbitration Unit, Office of the Attorney General, 120 Broadway, New York, New York 10271.

HOW DOES THE NEW YORK PROGRAM OPERATE?

The Attorney General's office will review the "Request for Arbitration" form to determine whether your claim is eligible under the lemon law to be heard by an arbitrator. If accepted, the form will be forwarded to the Administrator for processing. The Administrator will then ask you to pay the required filing fee. Upon receiving the filing fee, the Administrator will appoint an arbitrator and schedule a hearing to be held within 35 days.

If rejected, the form will be returned to you together with an explanation for the rejection.

A complete, step-by-step description of the New York Program follows this "Question & Answer" section in this booklet.

WHO ARE THE ARBITRATORS?

The arbitrators are volunteers who have been trained in the lemon law and in arbitration procedures by the Attorney General's office and the Administrator.

IS A CONSUMER ENTITLED TO AN ORAL HEARING?

Yes. You have an absolute right to an oral hearing. At an oral hearing, both you and the manufacturer's representative have the opportunity to present your case in person before an arbitrator.

You may also elect to have a hearing on documents only by indicating this preference on the "Request for Arbitration" form . In a "documents only" hearing, both sides must present their positions in writing. If you request a "documents only" hearing, the manufacturer may object, in which case an oral hearing will be scheduled.

CAN YOU REQUEST AN ADJOURNMENT OF A HEARING?

Yes. Either party may apply to the arbitrator through the Administrator, for a reasonable adjournment of the hearing date. Upon the finding of good cause, the arbitrator will reschedule the hearing.

MAY A STENOGRAPHIC RECORD OR TAPE RECORDING BE MADE OF THE HEARING?

Yes. Any party to the arbitration may arrange, on its own, for a stenographic record or a tape recording of the hearing at its own expense even if the other party objects. If a stenographer or tape recorder will be used, reasonable prior notice, through the Administrator, must be given to the other party.

DO YOU NEED AN ATTORNEY FOR THE ARBITRATION HEARING?

No. The New York Program is designed to be accessible to you without the need for an attorney. Both you and the manufacturer may use an attorney (some manufacturers are always represented by an attorney) or any other person to assist you if you so choose. However, the law does not provide for the recovery of attorneys fees for representation in an arbitration proceeding.

HOW SHOULD YOU PREPARE FOR THE HEARING?

You should keep a copy of your "Request for Arbitration" form to use as a guide in preparing for the hearing. The form contains much of the information needed at the hearing. In addition, you are advised to:

(a) Gather Documents. Bring to the hearing records of everything pertaining to the purchase and the problem, including a copy of the purchase contract (invoice) or lease, all correspondence, work orders, and warranty.

(b) Organize Records. Keep records in chronological order. This will serve as a guide in presenting the history of the problem.

(c) Prepare an Outline. This will help to present and remember relevant information.

(d) Prepare Questions to Ask the Manufacturer's Representative. This will assure that no important question is omitted.

(e) Arrange for Witnesses. The presence of witnesses, especially auto mechanics, or their sworn statements may be helpful to document the problem.

WHAT IF YOU DO NOT HAVE ALL THE DOCUMENTS?

Upon payment of the filing fee and prior to the hearing, you, or the manufacturer, may make a written request to the arbitrator, through the Administrator, to direct the other party to provide any necessary documents or other information. Either party may also request the arbitrator to subpoena documents or witnesses to appear at the hearing.

For example, you may request that the manufacturer furnish a copy of missing work orders and the manufacturer may request that you produce a copy of relevant tax information to determine whether you took a deduction on your taxes for business use.

A sample letter requesting documents may be found in this booklet.

MAY THE ARBITRATOR DIRECT THAT THE CAR BE MADE AVAILABLE AT THE HEARING?

Yes. The arbitrator may direct you to make the car available, if possible, at the hearing. The arbitrator has the discretion to examine or ride in the car in the presence of both parties.

HOW SHOULD YOU PRESENT YOUR CASE AT THE HEARING?

At the hearing, you should present your case in a clear, organized and concise manner. You are advised to:

(a) State the specific nature of the problem.

(b) State any conversations with the dealer's or manufacturer's representa-tives.

(c) Describe and document, where possible, each repair attempt.

(d) Describe and document any new developments which may have occurred since the "Request for Arbitration" form was submitted.

(e) Offer proof of each point, especially those the manufacturer may dispute.

(f) Present any witness that may provide relevant information.

(g) State the relief requested.

(h) At the end of the presentation, briefly summarize the facts discussed.

WHAT HAPPENS IF EITHER PARTY FAILS TO APPEAR AT THE HEARING?

Unless the hearing has been properly rescheduled, if either the manufacturer or you fail to appear at an oral hearing, the arbitrator will nevertheless conduct the hearing and issue a decision based upon the evidence presented and any documents contained in the file.

WHEN CAN YOU EXPECT A DECISION?

You may expect a decision, generally, within 10 days of the hearing. Sometimes, however, the arbitrator requests that additional documents or information be submitted, in which case the decision may be delayed.

CAN YOU RECOVER THE FILING FEE?

Yes. If you are successful, the arbitrator's decision in your favor must include the return of the filing fee. Also, if you settle the case any time before a decision is rendered, you should seek to recover the filing fee.

WHEN MUST A MANUFACTURER COMPLY WITH AN ARBITRATOR'S DECISION?

Within thirty days. In most cases, the manufacturer's representative will contact you within this period to arrange for the return of the car in exchange for either a refund or a replacement car.

Failure of the manufacturer to comply within this time period entitles you to recover an additional $25 for each business day of noncompliance, up to $500. If the manufacturer does not voluntarily pay any applicable penalty, you may sue to recover this penalty in Small Claims Court. However, this deadline and penalties are not applicable where you request a replacement car built to order or with options which are not comparable to the car being replaced.

WHAT HAPPENS IF THE MANUFACTURER DOES NOT COMPLY WITH THE ARBITRATOR'S AWARD?

If the manufacturer does not comply with the award, you can enforce the arbitrator's decision through the courts by bringing an action to confirm the award. This action must be commenced within one year of receipt of the decision. You should consult a private attorney if you wish to pursue this remedy. If you are successful, the Court will convert the arbitrator's award into a court judgment and may award reasonable attorney's fees. The court may also award reasonable attorneys' fees incurred to enforce the collection of the award.

HOW IS A RETURN OF THE CAR IMPLEMENTED?

The common procedure is to have all the affected parties (you, the manufacturer's representative, and, if the car is financed or leased, the lender's or the leasing company's representative), meet at an agreed time and place to execute the necessary papers to exchange the car for a refund or replacement.
You may choose to return the car to either the selling dealer or the dealer which attempted to repair the car. No further shipping charges may be imposed for the return of the car.

UNDER WHAT CIRCUMSTANCES CAN AN ARBITRATOR'S DECISION BE MODIFIED?

The grounds for modification are very limited. Generally, awards may be modified only to correct a miscalculation or a technical mistake in the award. For example, a modification may be requested where the mileage deduction was miscalculated or the filing fee was omitted from the refund.

WHEN MUST A REQUEST FOR MODIFICATION BE MADE?

Either party may seek a modification by the arbitrator of the award by written application to the Administrator within 20 days of receiving the award. The other party will be given the opportunity to object to the modification. The arbitrator must rule on all such requests within 30 days after the request is received. To modify an award after 20 days, an application to a court may be necessary.

CAN AN ARBITRATOR'S DECISION BE CHALLENGED?

Either party may commence a lawsuit to challenge an arbitrator's award within 90 days of receipt of the award. However, the grounds for such challenges are limited by law. Generally, the courts will uphold an arbitrator's award if it is supported by evidence and is grounded in reason. Reasonable attorneys fees may be awarded by the court if you are successful in challenging or defending an arbitration award.

WHAT ROLE WILL THE ATTORNEY GENERAL'S OFFICE OR THE ADMINISTRATOR PLAY IF AN AWARD IS CHALLENGED IN COURT?

Neither the Attorney General's Office nor the Administrator is authorized to represent you in such a challenge; this is the responsibility of your own attorney. The role of the Administrator ends when the arbitrator's award is sent to the parties.

CAN YOU APPLY FOR ANOTHER HEARING UNDER THE NEW YORK PROGRAM IF YOU LOST THE FIRST ONE?

It depends. A decision under the New York Program is binding on both parties. However, if new facts arise after a hearing was held, you may reapply for a new hearing based on the new facts.

DOES THE LEMON LAW LIMIT ANY OF THE OTHER LEGAL REMEDIES ALREADY AVAILABLE TO YOU?

No. The Lemon Law adds to your arsenal of existing legal remedies. These legal remedies can be explained by your attorney.

CAN YOUR RIGHTS UNDER THE LEMON LAW BE WAIVED?

No. Any contract clause which seeks to waive your rights under the Lemon Law is void.

HOW ARE YOU PROTECTED WHEN BUYING A CAR PREVIOUSLY RETURNED TO THE MANUFACTURER UNDER THE LEMON LAW?

When purchasing a car which was previously determined to be a lemon and returned to the manufacturer, you must be given a written, conspicuous disclosure statement by the dealer reading:

IMPORTANT: This vehicle was returned to the manufacturer or dealer because it did not conform to its warranty and the defect or condition was not fixed within a reasonable time as provided by New York law.

This disclosure must also be printed on the car's certificate of title by the New York State Department of Motor Vehicles.

WHERE CAN YOU GET HELP OR FURTHER INFORMATION REGARDING THE LEMON LAW?

You may contact any of the offices of Attorney General listed at the end of this booklet or consult a lawyer.

SAMPLE LETTER TO THE MANUFACTURER
GIVING NOTICE OF THE DEALER'S
REFUSAL TO MAKE REPAIRS


CERTIFIED MAIL
RETURN RECEIPT REQUESTED


To Whom It May Concern:

I am writing this letter pursuant to the New York New Car Lemon Law, General Business Law, section 198-a(b)(2), to notify you that your dealer [insert name] has refused to make repairs to my car within seven days of receiving notice regarding a problem with my car.

My car has the problem(s) described below which has not been repaired. As a result of this problem, the value of the car to me has been substantially impaired.

Problem: _______________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

Unless repairs are commenced within 20 days from the date you receive this notice, under General Business Law, §198-a(b)(2), you will be required to accept return of the car and, at my option, either issue me a full refund of the purchase price or replace it with a comparable car.

I await your prompt reply.


Sincerely,

SAMPLE REQUEST FOR DOCUMENTS


Your Name
Address
City, State, Zip

NYS Dispute Resolution Association
[Fill in Specific Dispute Center's Address]

Attention: Arbitrator [Name]

Re: Lemon Law Arbitration #________
Request for Documents

Dear Arbitrator:

Pursuant to section 300.9 of the New York Lemon Law Arbitration Regulations, I am requesting that you direct the manufacturer to obtain and forward to the Case Administrator legible copies of the following documents and information no later than three days before the scheduled hearing date:

1. Each and every repair order for work performed on my car.

2. Any service bulletin issued that may relate to the problem of: [describe your problem, for example, stalling, lack of power on acceleration, etc.]

3. Any report or correspondence regarding my car's problems.

4. Any other documents or information that may relate directly to this arbitration.


Your prompt attention to this request is greatly appreciated.


Very truly yours,

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