Lemon Law Blog

Philadelphia Jury Orders Chrysler To Pay $11,500.00 For Failure to Repair Defective Brakes!

Congratulations to our PA Lemon Law attorney, Edward Feiner, for winning his second consecutive jury trial against Chrysler for breach of warranty damages.   

Following  a 2 day trial, a Philadelphia jury found that Chrysler breached its new car warranty, by failing to repair defective bakes within a reasonable number of attempts on our client’s 2007 Chrysler Town and Country.

The jury awarded our client, a Philadelphia mother of four children, $11,500.00 pursuant to the Magnuson-Moss Warranty Act.  As a result of the verdict  David J. Gorberg & Associates is also able to seek payment for all attorneys’ fees from Chrysler as is permitted by law after prevailing in the case.

David J. Gorberg Honored As A Pennsylvania Super Lawyer – Eight Years in A Row!

Congratulations to David J. Gorberg for  being named a 2011 Pennsylvania Super Lawyer.  Mr. Gorberg was recognized by his peers for his work in the field of Pennsylvania lemon law and for an eighth year in a row will be featured in  The Super Lawyer List which is published in the June 2011 edition of Philadelphia Magazine and Law and Politics Magazine.

In November of 2010, Law & Politics Magazine mailed more then 34,000 ballots to attorneys across Pennsylvania requesting each lawyer to vote for the most effective attorneys they had personally observed in action. Each nominated lawyer was given a score based on the number of votes. The top point getters were then reviewed by a panel of experts to determine the final outcome for the Super Lawyer award. The final list of Pennsylvania Super Lawyers is made up of less then five percent of all Pennsylvania lawyers.

In addition to the 2011 Super Lawyer award,  Mr. Gorberg was the only lemon law attorney in Pennsylvania to be honored in 2004 and 2005, and  as one of the Top 100 Lawyers in both Philadelphia and Pennsylvania by Philadelphia Magazine and Law & Politics Magazine, as well as being selected by The Law Office Computing Magazine as having one of the best law firm websites in the nation.

1-800-MY-LEMON seen in Ardmore’s Patch.com

Many thanks to Ronald Adams of Patch.com for sharing our lemon law advice to Pennsylvania consumers.   Click  to view “Soured On Your Lemon Car” as seen in Patch.com.

Are Used Cars Covered Under The Pennsylvania Lemon Law?

Over the last 20 years I have practiced in the field of lemon law and breach of warranty for defective automobiles which were purchased or leased in Pennsylvania and New Jersey. During that time my firm, David J. Gorberg & Associates PC, has helped more than 22,000 thousand consumers of defective cars, recovering millions of dollars in settlements from numerous auto manufacturers. Every day we receive numerous phone calls at 1-800-MY-LEMON (1-800-695-3666) from Pennsylvania and New Jersey consumers requesting help for their lemon cars. The most commonly asked question my office receives is whether a “used car” is covered under the Pennsylvania lemon law. Unfortunately, the Pennsylvania lemon law does not provide coverage for used cars. Despite the lack of coverage for used cars, there is another federal law which permit owners to seek money back from the manufacturer for a defective used car.

The Magnuson Moss Warranty Act, also known as the federal lemon law, is similar to the PA Lemon Law in that it allows consumers to seek money back from the auto manufacturers for a defective car, and in addition, recover all attorney fees and costs from the manufacturer. The Magnuson Moss Warranty named after the two senators who sponsored the law, applies to any consumer product, new or used, that comes with a warranty, and costs at least $25.00. The law covers all used cars, since they are consumer products, during the term of the manufacturers warranty.

The Magnuson Moss Act was written to ensure that manufacturers of any consumer product who offer a written warranty on the product, promptly repair any defects. Should the manufacturer fail to promptly repair a defect in the product, the law allows consumers to sue the manufacturer for money back for the failure to repair the defect under the terms of the warranty. This law applies to all consumer products including new and used cars. Therefore a purchaser of a used car in Pennsylvania, which still has the original warranty or extended warranty, can sue the auto manufacturer for money should the used car be defective and the dealer is not able to repair the defects promptly under the manufacturer warranty.

Our PA lemon law firm has used the Federal Warranty Act in thousands of cases involving defects for defective used cars in Pennsylvania and New Jersey. We have been successful in obtaining money back for our clients with defective cars and recovering all attorney fees and costs from the manufacturer.  If you purchased a used car or truck and are having problems, give us a call we can help you get a refund.

Atlantic City, NJ – Client wins jury trial against Chrysler for her defective 2006 Sebring!

Congratulations to our  NJ lemon law attorney, Edward Feiner, for winning a jury trial against Chrysler for breach of warranty damages.   The jury in Atlantic City, NJ ordered Chrysler to pay substantial money to our client for its failure to repair a defective convertible top on her 2006 Chrysler Sebring Convertible.

Our client is thrilled with the result, and posted a very nice compliment  on our 1-800-MY-LEMON Facebook  page.  

WOW!!!! David Gorberg’s firm did an incredible job for me with my Chrysler!!! Ed Feiner was the best attorney I have ever seen! His closing arguments mesmerized the jury…you could not take your eyes off of him!! Even the judge was greatly impressed. David’s firm did an outstanding job defending me and I would rec…ommend his firm to everyone!!!! The jury awarded MORE than our expert!! :):):):)

Dina B., Atlantic City, NJ

Client raves about his lemon law settlement!

We are thrilled to post the below thank you letter from a client who received a FULL REPURCHASE, including taxes, tags, finance charges, and down payment, for his defective 2009 Jeep Grand Cherokee under the Lemon Law.

Dear Mr. Gorberg,

Just a brief, but delayed note to thank you and your associates for the courtesy, professionalism and understanding you showed me during my lemon law claim with Chrysler Corporation.

Thanks to your help, Jeep bought back my car, reimbursed me for all monies paid on the car up until the time I turned it back in to the selling dealer.

This can be a stressful process. You and your staff made an unpleasant experience a much easier journey.

Again thank you,

Micheal G.

If I Think I Have a Lemon, Do I Really Need to Hire a Lawyer?

Lemon laws exist to help protect you if your vehicle does not meet certain quality standards. However, if you ever have the misfortune of purchasing a lemon, you may be wondering whether you need a lawyer to help you with your claim. And the answer is an unequivocal “yes”.

While some state’s laws are straightforward enough that as long as you provide proper documentation you can do the paperwork yourself, there are a number of pitfalls that only a proper lawyer can help you with. In particular, if you think that you have a lemon, then you should consult with an attorney to see if you have a legitimate case before spending any more time on the case. In fact, a number of lawyers (including our lemon law firm) do offer a free consult.

Laws regarding fees are another consideration that a lemon law lawyer can help with. In some states, if you win the claim, then the manufacturer has to pay your legal fees, including Pennsylvania and New Jersey. Before you take any action, you need to research what your state’s laws are regarding legal fees and responsibility.

Additionally, Even though the legal fees are an important consideration, you should also realize that you will be dealing with the manufacturer’s lawyers. If you do not have any legal experience, you may find yourself in over your head as the manufacturer’s lawyers continually postpone the case until you run out of time for your claim, or they use their experience to get the claim dismissed. Ultimately, hiring a lemon law lawyer will make the entire process much smoother and will significantly improve your chances of winning your claim, which should be more than enough reason to use one.

Not Just Cars…Lemon Law Firm Gets Money Back for Household Products!

Each year 1-800-MY-LEMON, the lemon law attorneys, represents thousands of consumers for defective cars. Even though we specialize in defective cars, we are able to help consumers get money back for defective products which have nothing to do with cars. Below are a list of recently settled cases for products other then cars.

1. 2006 Expensive Dacor Cappuccino Machine – Full refund in the amount of $2,000.00 to client and payment of attorney fees. Client also was able to keep machine.

2. 2010 Whirlpool Refrigerator – Damaged door during delivery- Repair of Refrigerator door and payment of $1500.00 to client.

3. Defective Sony Computer – Repair of Computer and payment of $2,000.00 to client. Client also was able to keep computer.

4. House Painter causes paint damage to sports car while spray painting a chandelier in the garage next to the sports car. Full repair of car costing in excess of $5,000.00 and in addition $7,000.00 payment to client. Cost of repair and payment to client was made through painter’s insurance company.

5. 2 year old Defective Hot Tub Spa -Brand new Hot Tub and payment of attorney fees.

Tips for Buying a Used Car and Avoiding Getting a Lemon

Many people choose to purchase used cars in order to save money, but the attraction of lower prices is balanced by a commonly held fear of purchasing a lemon. If you are looking to buy a car, you should do some research to avoid ending up with a lemon and regretting your purchase.

Before you make a purchase or even go out shopping for a car, you should figure out what you actually need to buy. By determining what type of vehicle you need—how many people you need to fit, what you will use it for, and other factors such as fuel efficiency—you can figure out what you are looking for before you even go shopping. You do not want to head to the car lot and end up with a sports car instead of the full-size car you need.

Prior to purchasing any used car, you need to have it inspected by a reputable mechanic you trust. You do not want to buy a vehicle only to have it break down within a week. You will also want to obtain a history report for your vehicle to see if it has been in any accidents or needed repaired for other problems.

Hopefully, these steps will help you avoid problem cars. The last thing you want is to be stuck with a lemon, which would require a lot of time and effort to fix. Additionally, your vehicle may not necessarily be covered by lemon law. You will also want to check whether the used car is still covered under the manufacturer’s warranty or if you could purchase any additional warranty coverage to protect yourself. Taking precautions when purchasing a used car will help ensure that there will be fewer problems down the road.

Four Commonly Held Misunderstandings About the Lemon Law

Lemon law is designed to protect people when they purchase a vehicle, but if you do not know what lemon law says you cannot protect yourself. Below are four commonly held misunderstandings about the lemon law and explanations on each.

Misunderstanding #1 – There is a Single, Nationwide Lemon Law.
Actually each state has its own state lemon law and more than one in some states. Although state laws tend to be quite similar, they differ enough that you should know what your state law says.

Misunderstanding #2 – You Don’t Need a Lawyer to File a Lemon Law Claim.
While you don’t absolutely need a lawyers to make a claim, you do need to understand that you will have to go through the manufacturer in order to file a lemon law claim. Going through the manufacturer means that you and your claim will have to deal with the manufacturer’s lawyers, who will not make it easy. Therefore, it is vital to have your own representation for the process.

Misunderstanding #3 – Any and All Vehicle Defects are Covered By Lemon Laws.
Some people think that any vehicle defect is covered under a state’s lemon laws, at times people even think that something like replacing the windshield wipers would be covered. However, the law only applies when the problem is substantial and seriously impairs the value or use of the vehicle. There are also requirements regarding how many times the car has to be taken in to be fixed, how long it takes to be repaired, and other details in order to qualify for a claim.

Misunderstanding #4 – All Vehicles are Covered By the Lemon Law.
Many people believe that all types of vehicles are covered by their state’s lemon law. Although in some states a number of different vehicles are covered; most states have specific, and often limited, requirements for what constitutes a lemon. Usually the only vehicles covered by a state’s lemon laws are cars which are for personal use. That means that business cars, motorcycles, and many other vehicles will not be protected in some states. Of course be certain to research your state’s classification on vehicles to be sure that you understand your state’s law.

Although there are a number of commonly held misunderstandings regarding lemon laws, the laws can protect you, the consumer, in some cases. Make sure you understand the law to a point, and then seek out appropriate legal help to take care of the remainder of the process. Any good lemon lawyer won’t even charge you any fees and instead will work to have the manufacture not only help you, but also pay their fees too!