Consumer

by Jim Donovan
PHILADELPHIA (CBS 3) ― Let's face it, people who have mechanical troubles often refer to their vehicles as lemons. But you have to know your rights if you want to get the problems fixed. 3 On Your Side's Jim Donovan helps sort it out.

With millions of cars sold each year in the U.S., it's not surprising some of them are lemons. But you do have recourse.

"If it's a substantial problem, problem for use, value or safety that is not resolved, the consumer is entitled to a refund or a new car," said Craig Kimmel, a lemon law attorney with Kimmel & Silverman.

Lemon laws cover new or demo vehicles that are purchased or leased. New Jersey offers some limited protection for used cars too. Each state has different requirements.

For instance, in Pennsylvania, the problem must first show up in the first 12,000 miles or 12 months after you buy or lease the car, whichever comes first. In New Jersey, the problem has to occur within the first 18,000 miles or 24 months of purchase. In Delaware, the problem has to arise within the first 12 months of ownership, regardless of mileage.

In order to be eligible for lemon law compensation, your vehicle must have repeated repair visits or the car must be in the shop for a certain number of days depending on the state.

And Kimmel says anything that affects the value of the vehicle can be considered under the lemon law. "It can be a paint problem, it can be an engine problem, brake problem, transmission related," he said.

Pennsylvania Lemon Law

-New or demo vehicles purchased or leased in Pennsylvania used primarily for personal, family or household purposes.
-Problem must occur in the first 12,000 miles or first 12 months, whichever comes first, and continue to occur at least two more times despite warranty attempts.
-PA Lemon Law also covers cars in the shop 30 days in the first year. These days do NOT need to be consecutive and the same problems do not need to occur.
-Motorcycles are not covered, but they are covered under Federal Warranty Law.

New Jersey New Car Lemon Law

-New or demo automobiles or motorcycles leased, purchased OR registered in the state.
-Problem must occur in the first 18,000 miles or first 24 months, whichever comes first, and continue to occur at least two more times despite warranty attempts.
-NJ Lemon Law also covers cars in the shop 20 days in the first year. These days do NOT need to be consecutive and the same problems do not need to occur.
-Center for Auto Safety ranked NJ Lemon Law as second most effective law in the Nation.

The New Jersey Used Car Lemon Law (U.C.L.L.) protects and assists consumers when they purchase used motor vehicles from licensed dealers, and the vehicles develop repeated problems with parts covered under the warranty.

The law also requires dealers to provide a limited warranty based on the mileage of the vehicle at the time of purchase.

This warranty must be provided at no extra charge and the dealer must repair the problems within the warranty period.

The Lemon Law Unit, which handles your complaint, is part of the New Jersey Division of Consumer Affairs.

Procedures for filing an application are very specific. The Lemon Law Unit offers information and application processing only. The Unit does not hear cases or represent you at hearings. Cases are heard at the Office of Administrative Law (O.A.L.) in a quasi-judicial setting. Please read this information care- fully and contact our staff at 973-504-6226 if you have any questions.

What vehicles are covered under the Used Car Lemon Law?

The law covers passenger vehicles, purchased from a licensed dealer, which are seven (7) model years old or less.

The purchase price must be at least $3,000 and the mileage must not exceed 100,000 miles at the time of purchase. If your vehicle meets these requirements, the dealer is required to provide you with a warranty which shall at least have the following minimum durations:

? If a motor vehicle has 24,000 miles or less on its odometer, the dealer must provide the consumer with a warranty for 90 days or 3,000 miles, whichever comes first.
? If a motor vehicle has between 24,000 miles and 60,000 miles on its odometer, the dealer must provide the consumer with a warranty for 60 days or 2,000 miles, whichever comes first.
? If a motor vehicle has between 60,000 miles and 100,000 miles on its odometer, the dealer must provide the consumer with a warranty for 30 days or 1,000 miles, whichever comes first. *

*NOTE: In negotiating a better price for the vehicle, consumers may waive their right to a warranty. The vehicle must have more that 60,000 miles on its odometer and the waiver must be in writing. The written warranty shall require the dealer, upon failure or malfunction of a covered item during the term of the warranty, to correct the malfunction or defect, provided the used motor vehicle is delivered to the dealer, at his regular place of business, and subject to a deductible amount of $50 to be paid by the consumer for each repair of a covered item.

If the dealer fails to provide the consumer with a written warranty at the time of purchase, the dealer is deemed to have provided that warranty, as specified in the law, unless the consumer has signed a waiver.

What the Used Car Lemon Law does NOT cover!
? Motorcycles
? Commercial vehicles
? Leased vehicles
? Vehicles still covered by a manufacturer's warranty
? Private sales
? Lessees who buy out their leased vehicles
? Total loss/ salvaged vehicles / flood-damaged vehicles

The Used Car Lemon Law excludes repairs that are covered by any manufacturer's warranty, recall program, misuse, negligence or alteration of the vehicle by someone other than the original dealer. The U.C.L.L. does not cover repairs resulting from collision, abuse, or the consumer's failure to properly maintain the motor vehicle in accordance with the manufacturer's recommended maintenance schedule. It also does not cover defects caused by attempts to repair or modify the vehicle by a person other than the authorized dealer or the dealer's agent.

Delaware Lemon Law

-New or demo vehicles purchased, leased OR registered in the state.
-Problem must occur in the first 12 months of ownership, regardless of mileage, and continue to occur at least three more times despite warranty attempts.
-DE Lemon Law also covers cars in the shop 30 days in the first year. These days do NOT need to be consecutive and the same problems do not need to occur.
-Motorcycles are not covered, but there are covered under Federal Warranty Law.
Lemon Law and breach of warranty remedies could include:
-Buyback, including finance charges, taxes and tags, minus a small mileage offset
-MSRP to MSRP swap
-Partial refund of the vehicle to reflect the diminished value of the vehicle, plus continued ownership of the vehicle and/or extended manufacturer warranty protection.

All three lemon laws contain fee-shifting provisions, which enable the consumer to receive completely free legal representation. If they prevail, the manufacturer must pay all attorneys fees and legal costs ON TOP OF what the consumer receives.

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