North Carolina Lemon Law Blog

Lemon Laws Do Not Protect All

june 23, 2010 11:47am

Before the North Carolina lemon law, or any state's lemon law for that matter, was written, people who had repeat problems with newly purchased vehicles had to count on the mercy of the automaker or dealership to make the situation right. As you might remember, up until about 30 years ago, there were many well-publicized cases in which consumers tried in vain to get the dealer to make their new car "whole" again, the way it should have been when they drove it off the lot in the first place.

In the days before the passing of the lemon law, North Carolina to California, people were having to absorb the financial shock of brand new "defective" vehicles. One woman in California picketed her car dealer for months until she finally got some relief. Her efforts brought about the passing of California's lemon law. Auto lemon laws finally began to be written in the early 1980s and today, every state has a lemon law on the books. Each of these laws were passed with the intention of helping people get their problem vehicles replaced or repaired within a reasonable number of repair attempts. The effectiveness of this legislation varies from state to state; some lemon laws are written in such a way that they can't help everyone - leaving some people stuck with lemons in spite of the measures designed to help them.

One specific example of a car owner getting stuck with a sour deal due to holes in the lemon law occurred in McSherrystown, Pennsylvania. The vehicle owner, in this case, was the McSherrystown Police Department, who had purchased a 2005 Ford Crown Victoria that had a number of problems with defective brakes. Everything functioned well with the new car at first. In fact, there were 4,000 miles on the odometer when the problem began making itself known. But 20,000 miles later, the vehicle had already been in the shop for repairs a total of seven unsuccessful times.

The McSherrystown ordeal looks to be a poster child lemon law case, and one would think that if any vehicle should be running properly, it would be that of a police department! Furthermore, the fact that the problem was with the brakes makes it a fundamental safety issue - surely the PA lemon law would apply under such circumstances? Not so. The PA lemon law, which is really not much different from the NC lemon law, was written to protect consumers with defective vehicles, not vehicles belonging to small and large businesses, municipalities, churches, non-profit organizations, and yes, you guessed it- police departments. Most lemon laws were written with the understanding that these non-consumer entities would be able to take these financial hits. While that might be the case for the NYPD, small town departments like the McSherrystown Police, simply aren't able to weather such storms.

Lemon laws are extremely helpful in most cases, but as with any law, there are gaps in who they protect. If you are a consumer in North Carolina, and think you may have purchased a "lemon", call us to discuss your situation.

Posted By: Sean Soboleski

Toyota Faces First Day in Court

march 31, 2010 11:19am

Toyota Motor Corp. and plaintiffs' lawyers handling personal injury
and consumer lawsuits related to sudden, unintended acceleration met
in a San Diego courthouse yesterday.

Many of the 23 lawyers speaking at the hearing said the lawsuits
should be consolidated before one judge. Toyota's attorney Cari Dawson
agreed, indicating that the central district of California, which
includes Los Angeles, near Toyota's U.S. sales headquarters in
Torrance, is the best location for the litigation "because the first
case was filed there and there are several other cases that are
procedurally advanced there."

The five-judge panel didn't issue a decision but said it would
consider the arguments and then seek a judge who has the
qualifications and the time to handle these cases should they choose
to consolidate them.

To date Toyota has recalled more than 8 million vehicles for fixes
related to sudden acceleration. At least 148 class action lawsuits
have been filed against the automaker by consumers and shareholders
since November. These suits alleged that the company withheld
information about the risk of sudden acceleration, driving down
vehicle value or inflating the company's shares.

At least 48 lawsuits claiming injuries or deaths caused by sudden
acceleration have also been filed in federal and state courts, and
reports from plaintiffs' lawyers indicate plans to file dozens more.
Most of the lawyers are seeking to have the lawsuits combined in a
multidistrict litigation, or MDL, disagreeing over exactly which
court, although many at yesterday's hearing supported the Los
Angeles-based federal court.

"To have the lawyers do the same work twice would be a waste of time
and resources," said New York lawyer Hunter Shkolnik.

Other lawyers disagree, arguing that the panel should assign the
lawsuits to multiple judges, that the issues are too complex for one
judge in one court to take on.

"We're going to have a massive fight over hidden documents," said
Attorney Daniel Becnel, Jr. of Louisiana. A system should be
established to handle this "incredibly complex litigation," claimed
Becnel, who has filed multiple class actions against Toyota himself.

---

Questions about the Toyota recall or the North Carolina lemon law?
Contact the Law Offices of Sean Soboleski. The NC lemon law was set
into motion to protect you - the consumer. Use this website or call
our office to find out how you might be affected by the lemon law,
North Carolina resident.

Information Source:
http://www.businessweek.com

Posted By: admin

Attention Used Car Buyers-Beware of Lemon Laundering

february 26, 2010 09:00am

The NC Lemon Law protects new car buyers should their vehicle turn out to be defective, but used car buyers in the Carolinas have little recourse at this point in time, other than state contract law, when they purchase a defective vehicle. The next time you're on the used car lot, ask yourself this: is a used vehicle everything the seller says it is? Be careful - used car dealers can circumvent the lemon law.
Take steps now to avoid purchasing a laundered lemon.

Used cars buyers are, for the most part, on their own. It's a jungle out there! If you make a poor selection on a used vehicle, you'll likely be stuck with it. There IS a small amount of protection available, but for now at least, that protection comes before you make the purchase, not after.

Most states have strict regulations regarding how manufacturers dispose of vehicles that have been identified as lemons. These vehicles are typically returned to the manufacturers and usually repaired and resold. Most states require that these vehicles be prominently branded as such, usually on the title. While most states require strict declaration of a vehicle's history and that the title be marked, not all states do. Some dealers have been known to buy what they know to be a lemon, title it in a state that has no such requirements, and then transfer it back to a state that requires lemon law vehicles to be branded as such. This "stop" in the other state has, in effect, "laundered" or stripped the vehicle's history so that it is no longer a known problem.

In recent years, there have been a number of instances of people innocently buying used vehicles with notorious lemon histories. When the buyers inquired about the history of these cars, they were often given the run-around or just plain lied to. Perhaps the dealer played dumb, or claimed they bought the vehicle at an auction and simply didn't know. The buyer has no way of knowing whether or not they're being told the truth. Used car buyers need to hang on to that “buyer beware” mentality, making sure they are doing what they can to avoid buying a laundered lemon, no matter how sweet the deal may seem.

The most important thing you can do as a used car buyer is check the Vehicle Identification Number, or VIN. You can get a Carfax report that uses the VIN to trace the history of the vehicle.

Secondly, don't buy impulsively. Shop around, ask around, and do some research first. If you feel confident that the used car you're thinking of purchasing isn't a laundered lemon, check to make sure it meets safety and reliability standards. Consumer Reports issues safety and reliability ratings on most models, new and used, every spring.

They also offer estimates as to how well a car will hold up over time.
Doing a little investigating may help you avoid buying a car that's prone to mechanical problems. You should also ask to take the vehicle to an independent mechanic of your choosing, so that you can have a second opinion on the vehicle.

With a little caution, patience and research, car buyers can avoid issues related to the North or South Carolina lemon law and laundered lemon vehicles. If you live in the Carolinas and you think you may have purchased a lemon, contact Sean Soboleski, your NC and SC lemon law attorney.

Posted By: Sean Soboleski

Some Manufacturers Pull Out All the Stops

january 29, 2010 08:41am

When life gives you lemons, invoke the NC Lemon Law... But first, you'll need to be aware of some common tactics manufacturers use to avoid liability.

- Claiming that they haven't been given enough repair attempts. Solution: You must have repair orders for each repair attempt. Make sure the complaint is clearly described, using the same language for each repair order for the same defect. Each repair order should indicate the correct number of days the vehicle was in the shop.

- Claiming that the defect never existed or that you are complaining about a different defect altogether. Solution: Always complain about your vehicle problem using the same description. Make sure that your complaint is written verbatim on the repair order. Ask the service rep to let you review what they have written and make sure you are given a copy.

- Claiming that the perceived defect is normal and that all vehicles of that make/model/year "do that". Solution: Drive similar vehicles to verify this claim.

- Claiming that the defect isn't substantial. Solution: The defect must be as substantial as the cost of repairs, safety issues, downtime, and depreciated value.

- Claiming that the consumer abused or neglected the vehicle. Solution: If you've taken the vehicle off-road, it should not be considered abuse as long as the vehicle is advertised as an off-road vehicle. Again, keep documentation of all maintenance and repairs. You should also keep up with your vehicle's recommended maintenance schedule in your owner's manual.

- Service reps may offer you an extended warranty, but this will not make your problems go away, or account for the downtime and inconvenience you've experienced already. Don’t ever sign anything that says you accept an extended warranty in exchange for giving up your right to file a claim under the lemon law.

- Service reps may tell you that your only option is to let them continue to make repair attempts. This tactic is meant to discourage you into trading the vehicle and/or accepting the loss. Meanwhile, you'll continue to put more miles on the vehicle for the manufacturer to offset in the event of a buyback. Once you meet the qualifications for the NC lemon law, you have a right to say 'enough is
enough'!

- A manufacturer's rep or dealer may offer you a trade assist. The trade assist may equal the trade-in value of your vehicle, but your recovery under the North Carolina lemon law could be substantially more.

Remember to read your warranty and follow all procedures carefully. Your warranty may require that you provide a written notice to your manufacturer of a "last chance to fix", allowing them 15 days to make the final repair attempt. After the final repair attempt, they aren't allowed any more, at which point you can invoke the NC Lemon Law for a replacement or repurchase.

Contact Soboleski Law to see if you qualify under the North Carolina
Lemon Law.

Posted By: admin

North Carolina Motor Vehicle Repair Act

april 06, 2009 06:07am

When you contact our office at 828-285-8888 we may ask you for some important documentation to ensure that we are giving you a FREE and ADEQUATE evaluation of your potential North Carolina Lemon Law claim.

Some of the most important documentation related to your claim are the REPAIR ORDERS and REPAIR INVOICES reflecting your complaint that you presented to the service department and what repairs were attempted and/or completed. Very often we hear our clients tell us “they [the dealership] didn’t give me one” or “I was told they would mail it to me - but they never did” or “the computer was down”. These are EXCUSES that are often used by service departments. And, while it is the manufacturer and not the dealership that is pursued in NC Lemon Law claims, dealerships often attempt to avoid claims being made.

When brining in your vehicle for repairs here are some important steps to follow:

• DEMONSTRATE THE PROBLEM TO THE TECHNICIAN. Very often we see “Could not duplicate customers concern.” Don’t leave it up to the technician to find the problem, show them what the problem is, make sure they acknowledge the problem, and get the technicians name. REQUEST a test drive with the SERVICE MANAGER to demonstrate your vehicle’s problems.

• GET A REPAIR ORDER. Once you have demonstrated the problem to the repair technician and before leaving your vehicle for repair or allowing them to attempt repairs ask for a REPAIR ORDER. Service departments are required to give you this document according to the North Carolina Motor Vehicle Repair Act. Be sure that it states the problem that you demonstrated for the technician, the date you are presenting the vehicle for repairs, and the current mileage. If any of the information is incorrect (specifically your complaint) ask them to correct it before you leave.

• STAY IN TOUCH WITH THE DEALERSHIP. If you must leave your vehicle for repair over a period of time be sure that you stay in contact with the dealership.

• GET A REPAIR INVOICE BEFORE YOU LEAVE!! Once you have been contacted and you pick up your vehicle, you should receive a REPAIR INVOICE. It is important that you check this document prior to leaving the dealership!! Like the repair order, it should state the date you presented your vehicle for repair, the mileage when you dropped it off, and the problem presented. IN ADDITION, it should have the mileage and the date when you are picking the vehicle up, and it should clearly state the repairs made and/or attempted – if the invoice states that they could not find the problem, or that the problem could not be duplicated, ask to speak with the service manager and give them the technicians name that acknowledged the problem when you demonstrated it, and have them correct the repair order to reflect that the problem was demonstrated and verified by a service technician.

BE SURE TO GET THE REPAIR INVOICE BEFORE YOU LEAVE THE SERVICE DEPARTMENT
They are required to give you this documentation when you pick up your vehicle under the North Carolina Motor Vehicle Repair Act. Don’t let them give you excuses; not getting this document could potentially hurt your claim.

Here are a few helpful tips to remember:

• Keep notes. Write down names; dates; problems.
• Know what they are doing to your vehicle. If you don’t understand, ask for them to explain it to you.
• Like in a good game of poker - “Keep your hand to yourself”. Don’t tell the dealership that you are going to pursue the Lemon Law or contact an attorney – this will only make the dealership get defensive and more difficult to work with.
• Remember to be polite. Often being pleasant (even though dissatisfied) will keep the dealership on your side and may be helpful to your claim in the long run.

As a LOCAL North Carolina law firm, our first focus is making sure that our clients get what they are entitled to in accordance with their claim and the NC Lemon Law. We will evaluate your claim for FREE, simply fill out our easy online form and we will contact you immediately. Check back to our blog often for more information on the North Carolina Lemon Law and North Carolina Consumer Rights.

Posted By: admin