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Lemon Law

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 . . .


Wednesday, November 12, 2014

Timothy Abeel & Associates Get Results for Lemon Law Clients


If you purchase a vehicle and it is defective in some way you may be entitled to a repurchase (full refund) or replacement under the lemon law.  But, half the battle in obtaining this relief is dealing with the manufacturer. These parties know what they can and cannot get away with when it comes to individuals attempting to enforce their lemon law rights. Sometimes, it is amazing what a difference being represented by an experienced attorney can make.

A great example of success after retaining counsel in a lemon law claim is the case of a one of our clients who had serious problems with a vehicle that had recently been purchased.
Read more . . .


Monday, October 27, 2014

The Lemon Law Presumption Explained


Automobile lemon laws are enacted to protect consumers from the costs and dangers associated with defective vehicles.  In most states, there is a lemon law presumption written into the law.  A legal presumption exists when a particular conclusion will be made when certain facts exist.  In the case of automobile lemon laws, a vehicle is presumed to be a lemon if it meets certain standards.  

These standards vary from state to state.
Read more . . .


Wednesday, September 24, 2014

Recent Success in Lemon Law Cases


As a consumer, you do not always get what we bargained for.  When it comes to a big purchase, such as a vehicle, it is important that you have some type of recourse.  This is where the Lemon Laws become important.  Vehicle Lemon Laws are meant to protect a consumer who purchases an automobile that is defective in some way.  At Timothy Abeel & Associates, we have a wide variety of experience in this area which has allowed us to obtain great results for our clients, even in difficult cases, such as the two listed below.
Read more . . .


Thursday, August 14, 2014

Under NJ Lemon Law, Consumer Gets Full Refund for Car With Faulty Airbag


What happens when a new car's engine works well, but its airbag warning light doesn't?  That defect may entitle a consumer to a full refund, as a New Jersey family has discovered, after a long battle.

Consumers who buy new cars that prove defective may be able to receive a refund or replacement car under New Jersey's "Lemon Law."  The law applies to vehicles with defects that are still unresolved after several attempts at repair or that are out of service for twenty (20) days or more.  A wide range of mechanical and structural problems can also qualify a car as a lemon.
Read more . . .


Thursday, July 31, 2014

Inaccurate Fuel Ratings and Electric Charge Ranges


Gas prices have skyrocketed in the last ten years.  For some, it can feel like they are spending a small fortune whenever they fill up their vehicle.  With gas prices constantly fluctuating and an increasingly environmentally conscious population, the consumer and manufacturer alike have been focusing on fuel economy and the widespread manufacturing of hybrid vehicles.

Fuel economy and electric charge range are main factors considered by consumers when leasing or purchasing an automobile.  All cars are given a fuel rating and/or electric charge range by the Environmental Protection Agency.
Read more . . .


Monday, July 14, 2014

How to Document Your Lemon Law Case and Other Concerns


Is your car always in the shop?  Does it have one problem or a variety of problems?  If you think that your vehicle may be a lemon, it is important to seek the advice of a qualified lemon law attorney.  It is also crucially important to gather evidence and document your problem as much as possible while your case is going on.  The more evidence you have of your complaints, the better off you will be when settling your claim. In addition to documenting you lemon law claim, there are also other things you should consider doing if you are involved in a lemon law case.

How to Document Your Lemon Law Claim

Take Pictures and Videos

You should use all of the technology available to you to document your lemon law claim.
Read more . . .


Friday, June 20, 2014

Ford Overstates Fuel Economy of Vehicles Again


In March of this year, Ford discovered that it had overstated the fuel economy on a number of 2013 and 2014 vehicles.  The vehicles include the Fiesta and hybrids C-Max, C-Max Energi, Fusion, Fusion Energi and MKZ.
Read more . . .


Monday, May 19, 2014

2014 – The year of the recall?


Since the start of 2014, there have been nearly 20 million vehicle safety announcements issued by a long list of automakers around the world. General Motors Co, Toyota, Ford and Chrysler have all issued sizable recalls in the first half of the year; at this pace, the auto industry is on track to set a single year record for U.S. recalls. With growing concerns among consumers and mounting suspicions of automakers, President Obama has sent a bill to Congress that will substantially increase the civil penalties levied against automakers who fail to act swiftly to correct any potentially dangerous defects.
Read more . . .


Thursday, May 8, 2014

GM Seeks Protection from Bankruptcy Court in Ignition Defect Lawsuits


In the wake of the massive recall of 2.6 million small cars due to a deadly ignition switch problem, General Motors is bracing for an onslaught of lawsuits from car owners who claim that their cars lost value due to the recall. The auto giant is now turning to Bankruptcy Court for protection, claiming that the "bankruptcy shield" should protect the "New GM" from any economic loss claims. The company also claims that it should not be responsible for damages in accidents prior to the Chapter 11 filing.

GM’s Bankruptcy

In 2009, after years of losses and market share declines, General Motors filed for bankruptcy.
Read more . . .


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Timothy J. Abeel & Associates, P.C. represent clients throughout Pennsylvania and New Jersey, cities include but are not limited to Pittsburgh, Philadelphia, Cherry Hill, Newark, and Trenton.

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© 2018 Timothy Abeel & Associates, P.C. | Disclaimer
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