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Monday, May 18, 2015

Understanding Express and Implied Warranties When Used Car Shopping


I recently purchased a used vehicle in Pennsylvania after the dealer promised me that the parts were “like new.” One month later, the fuel system and transmission needed to be replaced. What can I do? 

Under Pennsylvania laws, buyers and sellers of used automobiles are typically bound by the language contained in the purchase agreement. During any sale for the purchase of goods, sellers often make promises – known as “express warranties” – that may be binding upon proof of the conversation. However, in most scenarios, it is difficult for parties to prove exactly what was said at the time of purchase – prompting most courts to rely solely on the written language in the agreement.
Read more . . .


Sunday, May 17, 2015

Tougher Lemon Laws Needed?

Interesting discussion as to why Australia needs tougher lemon laws. If you can't watch the whole video start at the 5:42 mark for the most relevant portions: 

- Ford Focus

The Ford Focus's dual clutch transmission remains an embarrassment - but what is worse is the way Ford Focus owners are routinely, systematically brushed off by Ford Dealers.

- Ashton Wood's Jeep Cherokee

Mr Wood had no less that 22 critical defects in his $50,000 Jeep Cherokee. The first started on day one, and the last ended when he destroyed his Jeep very publicly as a publicity stunt to highlight the need for tougher lemon laws.

- Audi's 2.0 TFSI engine

When Audi mis-managed the design of the 2.0 TFSI engine to the extent that it drinks oil excessively, did they apologise and repair it? No - they merely said the vehicle's thirst was the new 'normal' and gave affected customers the brush


Tuesday, May 12, 2015

Nissan Expanded Altima Recall


Is my Nissan safe to drive?

Nissan North America recently extended a recall of Nissan Altimas between model years 2013 and 2015. Initially the recall only affected about 220,000 vehicles, but now 625,000 cars have been recalled, and that number may continue to rise as Nissan continues to investigate the problem.
Read more . . .


Tuesday, May 12, 2015

Lemon Law Protection for Used Cars


Is There a Lemon Law That Covers Used Cars?

 

Pennsylvania and New Jersey Lemon Laws cover new vehicles. The federal Moss Magnuson Warranty Act gives rights to consumers purchasing items (tangible personal property normally used for personal, family or household purposes including used cars) that come with warranties. If that used car you bought came with a warranty, you may have some legal protections.
Read more . . .


Tuesday, April 28, 2015

Legislation Would Protect Consumers from Giving Up Their Right to Sue


Can a consumer who bought a defective automobile be required to waive the right to bring a lawsuit under the New Jersey Lemon Law?

All too often, consumer contracts make it hard for purchasers to bring an action for fraud, breach of contract or other wrongdoing by a seller. When buying a new or used automobile, consumers are sometimes required to waive their rights to file a lawsuit and instead must accept provisions forcing them to resolve disputes through arbitration.

A recent New Jersey bill would change that. The Read more . . .


Friday, March 13, 2015

Honda CR-V Vibration Problem Has the Potential for Lemon Law Claims


What type of problem can be the basis for a lemon law claim?

With the great advances in the automotive field, it is always hard to believe when there is a mass defect in a certain type of vehicle or part. Unfortunately, this happens more than we realize and affects some of the most widely purchased brands. For example, in the recent past, certain Toyota vehicles were defective in a way that made them accelerate on their own. This was very dangerous and led to multiple deaths. If a vehicle is defective, the consumer may have a lemon law claim, even if the defect is a widespread one affecting many different vehicles of the same make or model.
Read more . . .


Friday, February 20, 2015

GM and Goodyear Issuing Recalls Involving Tires


Is my Chevy SUV safe to drive?

Dangerous SUVs and defective tires have cost hundreds of lives and hundreds of millions of dollars in damages. The most infamous cases involved Ford SUVs and Firestone tires. These cases arose in the 1990s and early 2000s, but a new issue has come to light involving General Motors (GM) SUVs and Goodyear tires.
Read more . . .


Monday, January 19, 2015

Honda Violates Federal Safety Laws


Why Did Honda Pay $70 Million in Fines?

 

Earlier this year, Honda was found to have violated federal safety reporting rules.  As a result of having been found to have violated the law, the National Highway Traffic Safety Administration (NHTSA) reported that Honda agreed to increase their oversight of safety issues, enhance a third-party audit system and pay two $35 million fines.

The fines are the maximum amount NHTSA can assess for safety reporting violations.
Read more . . .


Monday, January 5, 2015

Chevrolet Dealership Accused of Violating Lemon Law


When can a car dealership be held responsible for violating the lemon law?


It is no secret that car dealerships can be resistant to lemon law claims. Taking back a vehicle they have sold and returning the money paid for it is a less than ideal situation for these parties.  But, car dealers are bound by the lemon law of the state in which they operate and they must afford customers the appropriate accommodations if they claim that a vehicle is a lemon.

A Louisiana Chevy dealer has recently been accused of violating the lemon law.  Mite Meggs, Jr.
Read more . . .


Tuesday, December 9, 2014

Lemon Law Dispute Results in $500,000 Settlement

What are the consequences if a manufacturer or retailer does not follow the applicable lemon law?

Lemon law claims are not always as straightforward as one would like.  Sometimes, a small related issue can complicate a claim so much that a court must intervene.  This is exactly what happened in a recent case coming out of Wisconsin.  

In 2007, Paccar, Inc. sold a brand new Kenworth truck to James Michael Leasing Company for approximately $135,000.  James Michael used the truck for about 3,000 miles before discovering that is was defective and making a claim under Wisconsin’s lemon law.  Paccar agreed to repurchase the truck for $135,847 plus interest.  What Paccar refused to refund was a $53 title fee paid by James Michael.  The dispute over this fee intensified the conflict between the parties so much that Paccar attempted to refund James Michael less money by claiming that it was entitled to a use allowance.

James Michael brought a lawsuit in a Wisconsin court.  The state court awarded the company $369,196 in damages and another $157,697 in attorneys’ fees.  The award, totaling over $500,000, is nearly four times the original purchase price of the truck.  The case was appealed and recently the 7th Circuit Court affirmed the state court ruling.   The court found that under Wisconsin law Paccar had a duty to issue a refund within 30 days of either the amount requested by the consumer or an amount determined to be appropriate by the company.  They held that the dispute over the nominal title fee was not enough to excuse Paccar from its statutory duty and that assurance that it would issue the refund was not enough.  The court noted that the judgment was large but appropriate due to the fact that Wisconsin’s lemon law favors the consumer.  

If your vehicle is defective, you might think that it is a good idea to attempt to make a lemon law claim on your own.  This is not the case.  These cases can become complicated quickly and it is therefore important to have a seasoned advocate on your side.  If you live in or around the Pittsburgh, Philadelphia and Trenton areas, contact an experienced lemon law attorney today!


Monday, December 1, 2014

Tesla Settles Lemon Law Case


Lemon law cases have the potential to become contentious, especially when the subject of the suit is an exotic car with a high price tag.  Also, if the automaker starts making allegations against the consumer, the case might become more adversarial in nature.  The California auto-maker Tesla has recently been involved in a lemon lawsuit where allegations of tampering were made against a purchaser.
Read more . . .


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25 Regency Plaza, Glen Mills, PA 19342
| Phone: 888-830-1474
309 Fellowship Road, East Gate Center, Suite 200, Mt. Laurel, NJ 08054

301 Grant Street, One Oxford Center, Suite 4300, Pittsburgh, PA 15219

101 Eisenhower Pkwy, Suite 300, Roseland, NJ 07068

About Us | Our Team | Do I Have A Case? | Auto Recalls

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25 Regency Plaza, Glen Mills, PA 19342 | 309 Fellowship Road, East Gate Center, Suite 200, Mt. Laurel, NJ 08054
301 Grant Street, One Oxford Center, Suite 4300, Pittsburgh, PA 15219 | 101 Eisenhower Pkwy, Suite 300, Roseland, NJ 07068
Phone: 888-830-1474

888.830.1474