What are my options if a brand new vehicle is emitting an odd odor from the air vents?
At Timothy Abeel and Associates, we work tirelessly on behalf of our clients – no matter how many times the manufacturer insists nothing is wrong. As experienced practitioners of Lemon Law cases, we have fine-tuned our practice to offer the area’s leading representation against manufacturers that refuse to correct defects in their automobiles, as was the case in one of our recent victories against Toyota Motor Sales. If you are experiencing a situation to that described below, be sure to contact our office right away for help in recovering the costs of repairing your vehicle.
Attorney Abeel demands compensation from obstinate manufacturer
Prior to our recent victory versus Toyota, the plaintiff in the case was experiencing a noxious and sickening odor emitting from the air vents of her new car. According to the allegations, the odor was so overwhelming that it caused headaches and nausea for all passengers – including several young children.
In an effort to correct the problem, the plaintiff returned to the Toyota dealership not once, not twice, but on seven separate occasions – all to no avail. Instead of repairing the problem, the dealership insisted the odor was merely a “new car smell” that would eventually dissipate. It didn’t. And neither did the plaintiff’s complaint – which brought her to our office seeking results.
As a client with a difficult motor vehicle situation, we had two options to help her recover the costs of repairing the problem: the Pennsylvania Lemon Law and the Pennsylvania Unfair Trade Practices Act. While both statutes offer plaintiffs the opportunity for compensation, our client’s unique situation required us to use the Unfair Trade Practices Act since the vehicle, while purchased in Pennsylvania, was ultimately registered in Florida. Fortunately, this fact worked in our favor, and the UPTA allowed the judge to award not only the value of lease payments already made, but the entire remaining balance of the lease. In essence, the court found that Toyota had acted recklessly in refusing to repair the plaintiff’s vehicle, and awarded both compensatory damages and attorneys’ fees.
If you need help with a difficult situation involving a new vehicle, please do not hesitate to contact an experienced Lemon Law attorney.