I’m Attorney Robert Silverman, founding partner at Kimmel & Silverman. I help drivers get rid of defective vehicles by using State Lemon Laws and Federal Warranty Law. AMA!

Have you been sued by Jimmy Kimmel and Sarah Silverman?

No, we're thinking of suing them. :)

Is it a lemon party all the time at your firm?

Just about 25 years of lemon parties. My life is lemons.

Have you played Portal 2? There's a famous line from the game which would seem to apply here as a basic philosophy for your firm.

“When life gives you lemons, don't make lemonade. Make life take the lemons back! Get mad! I don't want your damn lemons...!"

I love the quote. I live by it every day.

Could the current controversy with misreported Volkswagen emissions play a factor in any potential Lemon Law cases?

Yes. Volkswagen apparently defrauded consumers who bought their diesel vehicles, which means consumers are likely entitled to a full refund of their purchase price, as well as potentially enhanced damages, i.e. treble or punitive damages.

Our firm is currently reviewing a good number of these cases for individual consumers, as we do not believe in class actions being a proper resolution. We believe in getting a consumer the best possible recovery in the quickest possible time.

We continue to research the best avenue of litigation so we can move forward in assisting all potential future clients. This is not the first car company who is being held accountable for their actions. All the skeletons are now coming out of the closet in regard to these car companies, and there are now stricter penalties being enforced by the federal government which will work to keep these car companies in line.

I drive one of the affected VWs. what steps should I be taking during this crisis. we arent leasing and its being financed. this is also in massachusetts.

sorry for bad grammar/punctuation, on tablet.

I would wait to see what your options are after the class actions proceed further and firms like ours determine the best legal avenues available to obtain maximum remedy. In the mean time, you are still able to drive the vehicle and use it as you normally do.

If you would like, being that our firm has licensed Massachusetts Attorneys on staff, you can submit your information to us, and we will contact you directly once we have a better understanding of the situation. You can submit the information here, and a representative from my firm will call you.

Isn't important to opt out of any class action somehow before you're automatically included in such action? Otherwise aren't you limited in your legal options afterwards?

Yes, yes, and yes! If you do not opt-out, you will find yourself being included in the class. Excellent point! Thank you for your participation.

Would this still apply for subsequent owners?

Yes. You're also entitled to enforced warranty and to be compensated for the fraud.

I got a letter from you! My Ford Focus has a terrible transmission, but I guess it's all of them from my model year. It's been in the shop multiple times, but the issue never gets permanently fixed.

What could you do for me?

We can do a lot. Depending upon the facts and circumstances in your purchase and repair history, we can get you anything from a full refund or free replacement vehicle to a substantial cash recovery.

We have successfully represented hundreds of consumers with the defective Focus and Fiesta powershift transmission. If you drive a 2011-2014 Focus or Fiesta, and you are experiencing surging, jumping, lurching, this is a problematic characteristic with the transmission. The dealers have tried numerous fixes, including clutch replacements. If you have been back a considerable number of times, i.e. three or more, it is certainly worth looking into your rights under State or Federal Laws.

If you would like to send me more specific details about your situation, please use this form.

I'm in a similar boat as the gentleman above, with one difference. Our 2013 Ford Focus is a lease.

We've brought it in 5 times for the lurching, grinding, etc. Even just brought it for their "software update" and it made the problem worse.

We live in Connecticut. Is there any recourse for us even if we are leasing the car?

Absolutely. Our firm, in fact, has a very experienced Connecticut Lemon Law Lawyer on-staff who could explain to you all of your legal rights.

Also, if you prefer, you can pursue the claim through the state arbitration program yourself, but legal fees are not shifted through that program, and you'd have to pay for your own lawyer if you wanted one.

I have experienced the same problem. The transmission was reset (that's what they said) twice. I went in a third time and they said they need to replace the clutch because it has failed. I was put on a 2 month waiting list to receive the clutch. Is there any thing I can do in California?

EDIT: It's not a lease. We are financing through Ford.

I have experienced the same problem. The transmission was reset (that's what they said) twice. I went in a third time and they said they need to replace the clutch because it has failed. I was put on a 2 month waiting list to receive the clutch. Is there any thing I can do in California?

I am hoping that you received an invoice that they ordered the clutch on your behalf. I would certainly reach out to a California Lemon Law Firm to discuss your rights under State and Federal Law. Depending on the age and mileage, remedies may differ, but chances are recourse would be available.

I came here to see if anyone else mentioned this. I have the exact same issue with my 2013 Focus. The mechanic at the Ford dealership I take it to in Oregon said, "Ford is well aware of this issue, so all transmission related issues are covered for the life of the vehicle."

I'm not sure how they define a vehicle's lifespan. I just had the clutch replaced on my 3rd time taking it in to them for the same issues. The transmission does shift more smoothly, but some of the same issues appear still just on a less frequent basis.

Question: If there is no direct cost for the repairs, is it worth pursuing any legal action?

People tell us all the time “but I did not pay for my repairs.” But guess what? You did.

A percentage of the cost of your vehicle goes toward your manufacturers warranty, which should ensure that problems are fixed efficiently and effectively. That money is then used to pay the servicing dealer each time you bring your car in for repair. And that’s why you could potentially have a breach of warranty claim. If you did not have the warranty, why would the responsibility fall on the manufacturer in these types of claims?

So I also have a 2014 ford focus, purchased in florida may 2014, financing through ford, currently in PA. I've taken it 2 or 3 times and I've had the clutch replaced in August of this year. It still jerks a little not near as bad. If I were to file a lemon lawsuit, how much does it cost?

It costs you nothing. If we win or settle with Ford, Ford must include payment of your attorney's fees in any offer they make. If we lose, you would owe us nothing.

My 09 Versa is on its third transmission of the year, but has over 100,000 miles. Nissan bumped their warranty for that model year to 120,000 miles on the drive train but it's getting really old trying to get this piece of trash running. Do I have any recourse at that mileage?

I agree that this would be tiring. I am happy that Nissan stepped up and extended the warranty when they noticed the problem. You don’t mention a state, but if there is a third transmission replacement under warranty, it may benefit you to speak to a Lemon Law attorney in your neck of the woods. The mileage may be an obstacle, but it’s certainly worth inquiring.

What about 2015 Fusions? Mine surges and jumps after coming off the break and giving it a little gas.. I thought it was just me being a bad driver, but is it possible this isn't fixed in 2015 models?

The powershift transmission mentioned earlier was not put in Fusions, but your trans may in fact be problematic. Hold your ground, take your service adviser for test drives, keep going back if the problem exists, and collect repair invoices illustrating the problem is continuing. If you continue to experience the problem despite numerous repair attempts, speak to a lawyer.

How tough is your job?

My job is extremely demanding, because I have to handle client emergencies hour after hour after hour and be there for my clients as they want me to be.

Bought a car for my pregnant fiancé, Nissan dealership told me it had a clean CarFax and had never been in an accident. About 2 years later I wanted to sell the car and I run a CarFax and I find out it had been involved in a front end accident that caused the airbags to deploy, about 3-4 months before I bought it. I paid $16k for this car and when I went to sell it I find out it's not worth nowhere near as much as what the dealership told me it was and sold it to me for. When I confronted the dealership they shrugged their shoulders. I don't even know if the new airbags they put in work. I don't even know if it has airbags. This is a very large Nissan dealership to. Btw I'm in Georgia. Is there anything I can do?

I am not a GA attorney, but I can tell you Carfax should never be the be-all and end-all when it comes to accident info. Their database is updated constantly.

Did you ask the dealer specifically “Has this car ever been in an accident?” If so, how did they respond? If you have proof that you specifically inquired about the accident history prior to purchase and you feel the dealer has misrepresented you, I would certainly consider reaching out to a GA attorney for counsel. I am also curious as to whether this car was marked “certified pre-owned” by Nissan. If it was, I think you should make a call up to corporate to find out how that could have happened.

Is there any recourse for a vehicle owner who has had repeated (and documented) issues while it was under warranty, but the dealership dragged their feet until it expired?

Certainly. But you need to take action sooner than later, because statute of limitations come into effect. In other words, you should consult with a Lemon Law Attorney. Here is a list of Lemon Law Attorneys in the US.

If you wait too long, you may lose your rights. You don't want the mileage and age to accrue to such a point where the claim diminishes in value. It always benefits the consumer to take action sooner than later.

Thanks for the AMA!

What kind of help could someone expect that makes modifications to their vehicle? Sports car owners that install exhaust, etc? The new Subaru WRX's are completely reliant on ECU programming. The problem is, Subaru's factory tune is aimed at passing US emissions, not long term reliability. There is a product out there that allows WRX owners to flash their ECU with maps that are much healthier for the engine thus eliminating the factory danger zones. The problem is, if you flash the ECU, Subaru will not honor any warranty claims. The Subaru community is full of owners that have been forced to void their warranty on a brand new vehicle in order to make it more reliable. The tuning evens out the fuel curve, making the engine less prone to detonation, which causes ring land failure. Ring land failure is a VERY common problem in these cars, and once it happens the solution is to replace the entire long block ($$$$$). If this is of any interest to you, please feel free to contact me here. The Subaru community is extremely vast and the main forum (NASIOC) has almost half of a million members.

On a similar note, does a typical consumer have much of a chance against auto manufacturers that try to blame certain failures on modifications that have nothing to do with each other? For example, a customer has a custom exhaust system and the dealership will not approve his warranty claim for a blown head gasket. Everyone says "they have to prove the modification caused the problem" but the reality is, people get stuck with a broken car and are pretty much on their own. It doesn't seem plausible that there are attorneys out there dying to tackle cases like that. What can one do?

I am very familiar with the issue mentioned and I have successfully represented many WRX drivers. It all depends on causation and not just alteration. If you or a member of the WRX community ever have a claim you would like reviewed, you are more than welcome to reach out. If it is in a state where I or a member of my firm is licensed, we would be glad to discuss whether there is a viable claim and, if so, potential options under State and Federal Law. If it’s in another state, I will try to find someone who can help. Thanks for your participation.

I always wonder about the youth of people who are successful in some regard. Were you guided toward what you are currently doing when you were 10 or 15 years old, and how much of your identity today is related to your career? Thank you for your time.

The short answer is "No."

When I was a kid, I wanted to be a marine biologist or archaeologist. I went into law after college and found the field I practice in by happenstance. I love what I do, because I can help consumers, and my fees are all paid by the car manufacturer on the consumer's behalf.

That is cool. It sounds like you are on a solid foundation. Thank you for doing what you do, and for answering my question.

It's our pleasure. Thanks for your interest.

My understanding is that Arizona doesn't have a lemon law.

True/False?

It there a way for Arizonians not to get ripped off when buying a crap car?

Arizona does have a Lemon Law! You can find it here.

What's the most lemontastic lemon you've ever lemoned?

In my eyes, every defective car is "lemontastic." Now I'll give you some examples:

• Cars that have been literally covered in mold and fungus.

• Stepping into your car and finding inches of water.

• Today, we accepted a new car where the driveshaft was replaced in the first week of ownership.

• New cars with three transmissions replaced back to back to back.

And in my eyes, every Fiesta and Focus with this transmission issue, certainly, is worthy of the "lemontastic" moniker. If you had a couple hours, I'd be glad to share many, many horror stories.

Out of curiosity, how can a car covered in mold be under lemon laws?

If the mold is caused by a warrantable condition or defect.

Why do Ford and GM make such lemony cars so consistently for so many years?

I don’t want to give the impression that all the cars they produce are lemons, because they’re not. But being that they are two of the top car companies out there, it seems like more cars are likely to have a defect. And then when you see the Focus and Fiesta transmission issue, where they are practically all affected, it certainly makes you question why it took them years to change out the component.

I also want to add that GM is a good company and in working on GM cases for more than two decades, I do feel that they take our claims very seriously and try to always do the right thing.

Besides the Ford Focus you mentioned (several transmission problems), what other cars and car manufacturers do you file against the most?

Maybe you have some data somewhere on the cars that came in and regarding which particular issue so we have an idea which cars are more reliable than others.

Thank you.

Indeed we do my Reddit friend.

For many years, we have worked with Jack Gillis and the folks at the Center for Auto Safety in promoting their annual Car Complaint Index.

This index looks at the cars that receive the most complaints filed to NHTSA per sales, and most often, it is spot on in terms of the most problematic vehicles.

I also love the fact that car companies truly pay attention to this list. In fact, the first year we promoted the list (2002), Mazda had a vehicle at the top of the list. They wrote us a letter outlining the fact that they took the consumers complaints seriously and made the following changes as a result. That’s a company that cares.

Thanks for doing this AMA. Can lemon laws apply to farming equipment ie tractors?

Every Lemon Law is different, and it depends on which state you purchased and/or registered the equipment. However, you may have legal rights based upon State and Federal Law above and beyond the Lemon Law, depending upon whether the equipment is used in a business or for a home farm.

Can you please give your thoughts on these lemon law scams?

http://www.thetruthaboutcars.com/2012/12/tales-from-the-cooler-the-land-of-the-crooked-car-buyer-part-one/

I personally can't comment on the veracity of claims made by a consumer I don't represent. I am sure in any field of law there are abuses. However, I've yet to find one of my clients who intentionally "produced" a Lemon Law piece.

What do you see as the average time to get the auto companies to settle and take the car back and make the consumer whole? It took almost a year for me to get Ford to do it but that was 11 years ago.

Every case and every car manufacturer is different. We've had cars actually repurchased in 30 days from a client calling us. We've had cases take as long as a year-and-a-half (or more) if the manufacturer really fights.

Anyone else have the commercial in their area that went "Driving a lemon? Make the call to 1-800-LEMONLAW!" I liked that one.

That’s our jingle. I am especially fond of it because my children created it. :)

Can you please mention this AMA on your website, and link to it in this post? That would be much appreciated! Thank you!

Absolutely. The introduction has been updated with a link to the blog post. Lemon Law AMA w/ Robert Silverman.

At what point can a car be considered a lemon? I'm in NC, if that makes a difference.

Unfortunately, I can't give you legal advice in a North Carolina matter. But our website can direct you to a licensed North Carolina Lemon Law Attorney who can help you. Here is a list of US Lemon Law Attorneys.

What's the difference between legal advice and just letting someone know what the law is, if there even is a difference. Just curious!

A lawyer must have a valid license in the state in which he is representing a client. So, as I am licensed in PA, for instance, if I am representing a consumer in a PA matter that involves West Virginia Law (I'm not licensed in West Virginia), I can give the PA consumer advice regarding West Virginia Law.

This is because the matter would be venued in Pennsylvania. However, a lawyer must be licensed in the state in which he is giving advice to a consumer, or can be accused of practicing law without a license.

My friend in california has had his brand new (less than 1 year old) jeep Cherokee in the shop 4 times for transmission issues and has now just started looking into lemon laws. It sounds like the dealer is going to make HIM jump through all the hoops to do so. Is it financially burdensome to seek a lawyer to avoid the imminent headaches?

Absolutely not. California has one of the strongest Lemon Laws in the country. And we have a link on our site to one of the best California Lemon Law Firms that can provide your friend with completely free representation. Here's their site.

We're in Cali w/ a 2015 jeep issue as well. Do lemon laws apply to the state of purchase or the state of residence? (We bought it in Jersey and have since moved.)

Excellent question. The NJ Lemon Law would apply here, being that it was purchased in New Jersey.

The only issue would be what could be done if the case does not succeed in the pre-litigation stage, but we could cross that bridge when we come to it. I do know quite a few excellent LL attorneys in CA. If you would like us to review your information to determine if you have a claim, please email us.

How much actual litigation do you do? Or, are many cases settled with a demand letter or early in negotiations?

Well over half of our cases settle without a suit being filed, and the remainder require at least a lawsuit to be filed and some actual litigation, including a possible jury trial. We see our clients' cases through to the end.

My mom's got an '08 Jeep that's had a leaky roof from day one, and can't be fixed by our 2 local dealers here in New York. She looked into Lemon Law once, but I'm not sure if anything came of it. It might be too late now, but I was wondering if there's anything she could do?

Sadly, regarding your mom's vehicle and its age, the statute of limitations has expired on a New York, new-car Lemon Law claim.

Any advice on a 2008 VW convertible beetle? Bought new and registered in Arkansas. Has extensive service history (documented) and has been almost exclusively serviced at the dealership. Only 66,000 miles.

Catastrophic break failure Compressor failure Fracture in driver side door Multiple headlight failures Multiple convertible top failures and replacements Multiple window regulator failures and repairs (still have problems - the dealership could not actually fix despite them being "repaired."

Sorry to hear about this. I do not practice in this state, but I will tell you in my states this would already fall outside the statute of limitations due to its age.

I would reach out to your State’s Attorney General office, as well as a consumer law firm in your neck of the woods. If you have not reached out to VW corporate yet, I would look into that as well.

Hi Robert! Austin Texas here.

I have a MINI cooper S 2009 and my car has literally been in the shop for repairs almost every 1-2 to "fix" another issue that luckily falls under my extended warranty.

But from 2014- now the car has been in the shop 6 times. Additionally the core that they built for mounting the radiator is made of cheap thin plastic. I love my car and the dealership but when asking the guys at the shop about it they said it was common for 1st and 2nd generations to have issues.

What do I need to know to determine if I have a lemon? Thanks!

Ps I have had 4, 5 and 7 from this link: http://www.britishamericanauto.com/car-repair-education-and-info-blog/bid/88829/7-Common-Repair-Problems-Mini-Cooper-Owners-Face

Howdy, sir. I am sorry to hear about the problems you have been experiencing. I don’t practice in Texas. In almost all of the states where I do practice, this would now fall outside of the statute of limitations, unfortunately.

I would certainly contact the TX Attorney General, as well as a TX consumer law firm immediately to find out if there is still any right to remedy.

Hi, I recently bought an Audi A3 that is affected in the current VW scandal. I financed it mostly through VW Credit, a subsidiary of VW. Since I bought the car for an advertised, well documented performance level, if their fix affects those issues on my car, and they don't offer compensation, could I simply stop paying the loan and argue that the contract was fraudulent (the car was not as advertised) with a good chance of winning that argument? What recourse would I have for my time and trouble?

Never stop paying a bank loan unless you want to run the risk of a voluntary repossession and all the problems that come with it. The bank has nothing to do with the car company, even if they share a name. For the rest of the answer, please check out my earlier comments regarding the VW situation.

My 2007 camry that has been in my family's position since purchase just had its sun visor break. I went to the dealer and they informed me that all camrys from year x to z have had their sun visor's recalled and I might be eligible for a free replacement. Turned out this was only true if my visor had broken within the first 7 years of purchasing the car. Because of this, I had to pay full price for the part and labor. Do lemon laws protect me from this known issue that took two years too long to break?

Sadly, no, but I would reach out to Toyota corporate to see if they will reimburse you. They may surprise you.

Are you familiar with the FCA Repurchase program for Dodge Trucks? I was affected by this but have concerns. I'll quote what was originally said then explain what is happening. I'm curious about your thoughts on all of it.

The consent order requires FCA to "refund the purchase price paid by the first purchaser of the vehicle for purposes other than resale, less a reasonable allowance for depreciation, and not including the cost of modifications made to the vehicle after the first retail sale. FCA US will additionally offer a premium of 10% above the purchase price to any owner of an unremedied vehicle.

What is currently happening is FCA is quoting KBB Trade-In Value then adding the 10% on top of that. The Dodge community feels this isn't following the consent order.

As a lawyer could you argue that they are in fact not following the order? Obviously this is all opinion based and people are just wanting the most money possible if their vehicle is being bought back.

In fact, I saw the same issue in one of my cases. We are actively attempting to contact the Federal government to see what they are doing about enforcing what seems to be a clear violation of the consent order.

What's the best way to start getting clients in this field?

A lot of hard work, and you need to develop experience and the ability to handle these cases properly. Then your reputation will bring in clients based upon your great results.

I have a Chevy HHR and is a piece of junk. If its not one thing its another. Especially with the plastic parts in the interior where if you look at HHR forums online it seems like everyone with this car has the same issues and everyones wondering why there isnt a recall on this? I still owe $7000 on this car so any suggestions would be helpful.

In which state did you buy and register the vehicle, and what is the vehicle year?

My friends bought a used 2009 VW minivan from a non-VW dealer about six months ago in Virginia. The transmission had already been replaced once before they bought it with ~30k miles. A couple days ago, the transmission died while on a family road trip with their four kids about 400 miles from home. It took two days for the VW dealer to diagnose the problem and determine the van needed a new transmission. Meanwhile, the family is stuck with two or three days of hotel bills and a one-way car rental home. VW won't do anything even though it's the second transmission replacement on a car that now has 36k miles. No warranty from the Acura dealer that sold it to them new. Any suggestions? Virginia resident and car bought and registered in Virginia. The father is a Marine who had to rent a car and drive home leaving his family behind to deal with the mess to avoid being AWOL.

I can't give you specific advice in a VA matter, as I'm not licensed in Virginia. Here is a list of Lemon Law Attorneys in the US.

Not much of an AMA if your answer to most questions is "I'm not licensed in your state. Here's a list of lawyers."

You raise a good point. We just have to be cautious about providing state-specific advice in the states we are not licensed.

We have a summary page of State Lemon Laws on our website. In addition, the Federal Magnuson-Moss Warranty Act applies to any product over $25, including vehicles and motorcycles where a significant nonconformity is not repaired within a reasonable number of warranty repair attempts.

In situations that have been mentioned regarding used vehicles and dealer tactics, I like to refer consumers to State Attorney General offices. Many states have used car Lemon Law statutes. These laws often apply to vehicles which are no longer covered under manufacturer warranties.

Oftentimes State Attorney Generals can also aid consumers in disputes they have with local dealerships. We receive a large majority of calls from folks who purchase used vehicles, but no longer fall under State Lemon Laws or Federal Warranty Laws. That's why it's so important to also contact your State Consumer Organizations in these situations.

Lexus was found at fault for their issue with dashboard paint becoming 'sticky' in high heat. I got a letter from Lexus offering a check for $30.

How the hell do I get a full respray of the dash?

Not a lemon question but I feel like its an offshoot.

I sympathize and I think you should contact either Lexus corporate directly, or perhaps the selling dealer for an explanation. Perhaps the dealer may agree to a goodwill detail.

I bought a new 2013 Jeep Wrangler in August of 2012. Upon receiving it, I noticed a lot of noise in the shifter of the 6-speed manual transmission. I brought it up with the dealership, who agreed it was out of the ordinary, and was told at that time that it was a known issue that Chrysler was working on a fix for. After several months, and many more complaints from me and my wife about the issue, a "specialist" was brought in to look at it. This specialist declared that the noise was "normal" and then it was case closed. Shortly after I got the Jeep, I picked up my mom from the airport when she came to visit, and even she, a 60+ year old woman with little knowledge of cars asked about the noise. It went to the shop about a dozen times where various things were tried to quiet the noise, but it's still present, 3 years and 70,000 miles later. What could/should I have done about this?

You do not mention what state you purchased the car from. Being that there were a dozen warrantied repairs to address this issue, I would at least investigate the potential of a Federal breach of warranty claim. You could be looking at monetary compensation to reflect the diminished value of the car as a result of the problem incurred.

I am hoping that you have detailed repair invoices for each visit, and they are stored in a safe place. The one obstacle here is the mileage. There is no question that the value of the claim has diminished significantly, as the age and mileage has accrued. You can find a link to Lemon Law Lawyers mentioned a couple times in the discussion.

This is one reason why it is so important to investigate your rights early on. If you sense there is a problem, investigate the matter. Don’t take the car company’s word that everything is operating perfectly. NHTSA has an outstanding car complaint database at www.safercar.gov where you can look up a year, make, and model, and read about complaints consumers have made pertaining to the car. These complaints often illustrate that you are not alone in your feelings.

Also, remember just because the dealer says it’s "normal" does not mean it's correct.

What are some of the most common makes and models that you have dealt with repeatedly? Do you get a lot of the same issues from the same cars?

Yes.

• Jeep Cherokee and Grand Cherokee—transmission
• Ford Fiesta and Fcous—transmission
• Subaru—oil consumption
• Audi—oil consumption
• Fiat—check engine light, transmission
• Nissan pathfinder—Transmission shudder

Check out our blog and you will read about all sorts of defect alerts we see regularly. Also, the Car Complaint Index, reprinted with the permission of Jack Gillis and the Center for Auto Safety takes a look at cars that receive the most complaints (filed to NHTSA) per sales.

How to the lemon laws generally vary for other types of vehicles? IE how do they apply to motorcycles, trucks, rvs etc?

Every state is different when it comes to what they cover and how they cover it. In New Jersey, for instance, motorcycles are covered, but in PA they're not.

That's why it's so important to not only to educate yourself with your specific State Lemon Law, but to also understand the coverage provided by the Federal Magnuson-Moss Warranty Act.

Just because a particular type of vehicle is not covered under your State Lemon Law does not mean you don't have particular rights to recourse.

If you have a specific question about your State Lemon Law, respond with your state and the type of vehicle you're enquiring about, and I'll get back to you with an answer.

Hi, is there any recourse for someone who purchased a private party used vehicle in North Carolina that had the transmission fail within a month after the purchase? It drove fine at the time and seller stated it was recently serviced so either they lied or did have it serviced and knew it was going out. They ignored requests to provide the info for who serviced it. I pulled the trans oil pan and found a lot of shavings and chunks of gears :(

You should consult with a North Carolina-licensed lawyer who can explain the specific law of that state to you.

Have you ever seen Franklin and Bash?

No, I haven't.

.you should watch it. very good

I'll check it out. Thanks for the tip.

Can this scenario fall under existing lemon laws? You buy a vehicle with an expectation that certain safety equipment is standard, only to find out it is not the hard way. We bought a brand new Kia Rio. Had a flat tire and went to get the spare out of the trunk - no spare! Instead, there was a can of Fix-a-Flat and a battery-operated pump. Contacted Kia - their assumption is that a) every flat can be fixed this way (no sidewall ruptures) and/or b) everyone has cell phones and will always have cell phone coverage, so can call for help. We love to travel on backroads in remote regions and this could have been a serious safety issue. Happy ending - they gave us a spare kit after we complained.

That particular scenario would not fall under the definition of a "lemon." A lemon is a vehicle which suffers a substantial nonconformity that impairs the use, value, and safety, and cannot be fixed after a reasonable number of repair attempts.

If your sales paperwork indicated that your vehicle came with a spare tire and changing tools, and you later find out that is not the case, there may be a claim for misrepresentation.

It seems, in the end, Kia did do the right thing thanks to your persistence. Kudos! I always say, "If you do nothing, you get nothing." And in this situation, you brought a viable concern to the manufacturer's attention, and they did the right thing. Happy ending, indeed.

I have a 2004 Mazda 6 where its headliner is falling down like a 90's oldsmobile, for no particular reason at all. Are there any warranty laws that cover cosmetical stuff?

Many cars do have warranties pertaining to the outward appearance, but obviously, the warranty only lasts a certain period of time.

First contact Mazda to see if there is a silent warranty you may not be aware of. Secondly, google the name Zestar. They are a company that is helping many Ford owners with paint problems. Perhaps, they can help you too.

Have you made lemonade? Just kidding, of course you have.

What is the most you've ever won for a client and what was the case?

Typically, in the states I practice, the amount my clients receive is dictated by how much they paid for the vehicle, including sales tax, tags, title, registration costs, and interest that they paid on their car loans. We generally get anywhere from 4-10 cars repurchased every week from car manufacturers, with the rest of the clients receiving a cash remedy or a replacement vehicle.

We have also represented consumers who were defrauded by car dealers. They received sizable cash recoveries based upon the aggravated circumstances.

Lemon Law claims are not huge-money claims, such as personal injury cases, however there have been certain dealer fraud claims where we have succeeded in getting our clients treble damages. This is very rare, but certainly extremely rewarding for us.

Hi. I was wondering if anyone has told you that you that you and your partner are worthless pieces of shit that tank cases the minute the defendant refuses to settle? Also, are you disbarred in any states for advertising licenses you don't have?

Thank you for your kind words. Actually, our firm likely files more lawsuits for consumers whose claims are denied than any other firm in the country. We take tough cases "to the mat" for consumers who we feel were taken advantage of and who have viable claims.

As to your second question: No.