Don't risk losing your warranty rights-- know your RV warranty!

Don't risk losing your warranty rights-- know your RV warranty!

It often takes weeks or even months to get a brand new RV scheduled for warranty repairs, followed by weeks or even months for the actual repairs to occur. RV manufacturers know this, and they know that the law requires you to give them a reasonable opportunity to repair your brand new RV's defects under that warranty. However, instead of standing behind their products and warranty, many manufacturers are putting language in the warranty itself shortening the time period that you have to file a lawsuit for breach of that warranty.

This is a problem for many RV owners, because most owners are not provided an opportunity to review the manufacturer's warranty prior to purchasing their brand new RV. Instead, the warranty is buried in a large stack, bag, or box of manuals that is sitting in the RV after purchase and at the time of any walk through. In many instances, and the consumer will not even discover that the manufacturer's warranty is in that stack, bag or box until they are having problems getting their RV repaired and the manufacturer's warranty has already expired or is close the expiring.

This is also a problem for many RV owners, because the long repair time combined with the shortening of the consumer's legal rights only leaves a small window for an RV owner to provide the manufacturer with a reasonable opportunity to repair their brand new RV.

So how do you protect yourself? Find and read your warranty right away! And, if you your warranty shortens the time period that you have to file a lawsuit for breach of warranty, then make sure to contact an attorney before the deadline if you are having problems getting your RV repaired, so that way you know your rights!

Beth Wells

www.BurdgeLaw.com
www.RVLemonLaw.com

www.OhioLemonLaw.com

www.KentuckyLemonLaw.com

Helping Consumers Get Rid of Lemons, 15 Years Running

Land Rover: New "Pet Packs" For Your SUV

On National Dog Day, August 26, 2018, Land Rover announced a line of pet accessories which will be available this winter for each and every model of their vehicles.

Owners can chose from 3 “pet packs” available, or purchase each item separately.

The Pet Load Space Protection pack includes: (1) a spill-resistant water bowl, (2) a full-height luggage partition, and (3) a quilted load space liner that protects the floor, rear seatbacks, and side walls from paw prints. 

The Pet Transportation pack includes: (1) a foldable pet carrier, (2) load space rubber mat, and (3) the spill-resistant water bowl.

The Pet Car and Access Pack includes: (1) a full-height luggage partition, (2) a quilted load space liner that protects the floor, rear seatbacks, and side walls from paw prints, and (3) a ramp that helps dogs get into the load area, and (4) a portable rinse system for washing off paws. The ramp supports dogs up to 187 pounds and has a high grip tread pattern to prevent slippage. The portable rinse system holds up to 1.7 gallons of water, which Land Rover says should be enough for a five-minute shower.

Do you enjoy traveling with your pooch?  Land Rover certainly makes it easy to do so with their new line of pet accessories.

Do you have a new Land Rover that has been in the shop 3 times or at least 30 days and still isn't fixed?  If you purchased your Land Rover in Ohio or Kentucky, or had it repaired in either state, then we may be able to help you.  Feel free to call our Toll Free Hotline, 1.888.331.6422, to see if we can help you out of your defective vehicle today.

Beth Wells

www.BurdgeLaw.com

www.OhioLemonLaw.com

www.KentuckyLemonLaw.com

Helping Consumers Get Rid of Lemons, 14 Years Running

Forest River Safety Recall

Forest River, Inc. has recalled certain 2018 Surveyor travel trailer RVs with Federal Placards for the wrong tire and rim combination information.  According to Forest River, the Placards indicate ST225/75R15D Tires with 65 PSI and a rim designation of 15X6.0JJ, while the subject travel trailers actually have installed ST205/75R14C Tires with 50 PSI and a rim designation of 14X5.5JJ.

Forest River, Inc. admits that the incorrect Federal Placards could cause a consumer to over-inflate the tires, which may lead to premature tire degradation, a tire blowout, reduced handling, and potentially increase the risk of crash.   

According to the National Highway Traffic and Safety Administration (“NHTSA”), Forest River, Inc. has notified owners, and will provide a new Federal Placard with will indicate the correct tire, PSI, and rim combination.  

The NHTSA Campaign Number is 18V-222. Owners may also contact the NHTSA Vehicle Safety Hotline at 1-888-327-4236 (TTY 1-800-424-9153), or go to www.safercar.gov. To read more about the recall, click here. 

If you have a 2018 Surveyor RV, then check to see if it is included in this recall and make sure to get it in to an authorized dealer for repair if it is.


Do you have a Forest River RV that has been in the shop repeated times for warranty repairs in Ohio or Kentucky that is still not fixed?  If so, call our Toll Free Hotline, 1.888.331.6422, to see if we can help you out of your defective RV today.

Beth Wells

www.BurdgeLaw.com

www.OhioLemonLaw.com

www.KentuckyLemonLaw.com

Helping Consumers Get Rid of Lemons, 14 Years Running

Will Disappearing Tax Credits Impact Electrical Vehicle Sales in the Future?

Under the tax credits created during the Obama administration, new electrical vehicle purchasers can claim from $2,500 to $7,500 depending on the size of the car and its battery capacity. Each manufacturer can sell 200,000 in the US before they have to phase out out the tax credits, which are reduced by 50% every 6 months once the manufacturer hits to 200,000 vehicle mark.




Will disappearing tax credits impact electrical vehicle sales in the future?  The answer appears to be a resounding no.  Tesla has already hit 200,000 vehicles and does not show any signs of slowing down its production.  And, General Motors is expected to pass the 200,000 mark by the end of 2018.  In fact, GM is expected to have at least 20 electric model vehicles in its lineup.  Only time will tell.

And, with electrical vehicle production on the rise, lemon electrical vehicles will almost certainly be on the rise as well.    

Do you have a problem electrical vehicle that has been in the shop and still isn't fixed?  If you purchased your electrical vehicle in Ohio or Kentucky, or had it repaired in either state, then we may be able to help you.  Feel free to call our Toll Free Hotline, 1.888.331.6422, to see if we can help you out of your defective vehicle today.

Beth Wells

www.BurdgeLaw.com

www.OhioLemonLaw.com

www.KentuckyLemonLaw.com

Helping Consumers Get Rid of Lemons, 14 Years Running

Ford Truck Rollaway Recall

Ford Motor Company (Ford) is recalling certain 2017 Ford F-250 Super Duty trucks equipped with 6.2L engines and six-speed automatic transmissions. According to Ford, these transmissions may have a damaged park rod actuating plate that can result in unexpected vehicle movement even though the transmission has been shifted to “park”.  


Ford admits that unexpected vehicle movement such as a vehicle rollaway can increase the risk of a crash. Plus, these vehicles reportedly fail to comply with the requirements of Federal Motor Vehicle Safety Standard (FMVSS) number 102, "Transmission Shift Lever Sequence/Starter Interlock/Transmission Braking Effect", and number 114, "Theft Protection."  This recall reportedly affects 48,443 trucks.

According to the National Highway Traffic and Safety Administration (“NHTSA”), Ford will notify owners, and dealers will inspect the park rod actuating plate and replace it, if necessary, free of charge. However, the parts to remedy the defect are currently unavailable. Interim notices informing owners of the safety risk are expected to be mailed in April 2017. Owners will receive a second notice when remedy parts become available. Owners may contact Ford customer service at 1-866-436-7332. Ford's number for this recall is 17C06, and the NHTSA Campaign Number is 17V112000. Owners may also contact the NHTSA Vehicle Safety Hotline at 1-888-327-4236 (TTY 1-800-424-9153), or go to www.safercar.gov. To read more about the recall, click here. 

If you have a Ford F250 truck, then check to see if it is included in this recall and make sure to get it in to an authorized dealer for repair if it is.

Do you have a Ford F250 that has been in the shop repeated times for warranty repairs in Ohio or Kentucky that is still not fixed?  If so, call our Toll Free Hotline, 1.888.331.6422, to see if we can help you out of your defective vehicle today.

Beth Wells

www.BurdgeLaw.com

www.OhioLemonLaw.com

www.KentuckyLemonLaw.com

Helping Consumers Get Rid of Lemons, 13 Years Running

Yamaha Motorcycle Safety Recalls

Yamaha Motor Corporation, USA (“Yamaha”) is recalling certain model year 2015-2016 Yamaha YZF-R3 motorcycles, under two separate safety recalls.  

According to Yamaha, water could enter and corrode the ignition switch resulting in an unexpected engine stall.  This recall reportedly affects a total of 14,320 motorcycles and, an engine stall obviously increases the risk of a crash.  

According to the National Highway Traffic and Safety Administration (“NHTSA”), Yamaha will notify owners, and dealers will replace the ignition switch subassembly, free of charge. The recall began March 9, 2017. Owners may contact Yamaha customer service at 1-800-962-7926. Yamaha's number for this recall is 990112, and the NHTSA Campaign Number is 17V112000. Owners may also contact the NHTSA Vehicle Safety Hotline at 1-888-327-4236 (TTY 1-800-424-9153), or go to www.safercar.gov. To read more about the recall, click here. 


According to Yamaha, engine vibration in the affected motorcycles can cause the fuel tank mounting bracket to contact the fuel tank, which overtime may result in the tank leaking fuel.  This recall also reportedly affects a total of 14,320 motorcycles and, Yamaha admits that a fuel leak in the presence of a ignition source can increase the risk of a fire.

Yamaha will notify owners, and dealers will replace the fuel tank bracket. The fuel tank will be inspected and replaced if necessary. These repairs will be performed free of charge. The recall is expected to begin March 9, 2017. Owners may contact Yamaha customer service at 1-800-962-7926. Yamaha's number for this recall is 990112, and the NHTSA Campaign Number is 17V111000.  Owners may also contact the NHTSA Vehicle Safety Hotline at 1-888-327-4236 (TTY 1-800-424-9153), or go to www.safercar.gov. To read more about the recall, click here. 

If you have a Yamaha motorcycle, then check to see if it is included in either recall and make sure to get it in to an authorized dealer for repair if it is.

Do you have a Yamaha motorcycle that has been in the shop repeated times for warranty repairs in Ohio or Kentucky that is still not fixed?  If so, call our Toll Free Hotline, 1.888.331.6422, to see if we can help you out of your defective vehicle today.

Beth Wells

www.BurdgeLaw.com

www.OhioLemonLaw.com

www.KentuckyLemonLaw.com

Helping Consumers Get Rid of Lemons, 13 Years Running

Is Negative Equity Keeping You in a Lemon Vehicle?

Reportedly 32% of new car buyers are underwater on their loans when trading in a vehicle. This is a staggering increase from 13.9% in 2009.

What exactly is negative equity?  It is created when you owe more on a vehicle than it is worth, trade the vehicle in, and then roll the balance of the loan into the purchase of another vehicle.  

Here is an example: You decide to trade your vehicle in on a newer model.  The loan payoff is $20,000.  However, your vehicle is only worth $15,000.  You have negative equity of $5,000.  And, in most instances, even if the dealer tells you that they are paying off your loan, the dealer will add that $5,000 to the purchase price of your new vehicle.  As a result, your loan and your monthly payments for the new car will increase.  And, the longer the loan, the longer it will take to reach positive equity in the vehicle.

When you have a defective lemon vehicle, negative equity can put you between a rock and hard place.  You may be concerned for your safety because if the defects, but owe too much money on the loan to be able to trade the defective lemon vehicle in.

Do you have a defective lemon vehicle that the dealer cannot fix and you cannot get rid of on trade?  Feel free to call Burdge Law Office on our Toll Free Hotline, 1.888.331.6422, to see if we can help you out of your "lemon" vehicle.

Beth Wells

www.BurdgeLaw.com

www.OhioLemonLaw.com

www.KentuckyLemonLaw.com

Helping Consumers Get Rid of Lemons, 13 Years Running

  

KNOW YOUR RIGHTS: A car dealer’s affirmative duty to disclose in an “as-is” sale to a consumer in Kentucky

In Kentucky, a car dealer is required to disclose prior damage sustained by a motor vehicle to a purchaser.  

Pursuant to KRS 186A.540, "(1) An individual, or a dealer required to be licensed pursuant to KRS Chapter 190, shall disclose all damages to a motor vehicle: (a) Of which the individual or the dealer has direct knowledge; (b) Which result in repairs or repair estimates that exceed one thousand dollars ($1,000); and (c) That occur while the motor vehicle is in the individual's or the dealer's possession and prior to delivery to a purchaser. (2) Disclosure under this section shall be in writing and shall require the purchaser's signature acknowledging the disclosure of damages." Additionally, courts in Kentucky have expanded the application of the statute to hold that a Kentucky car dealer must disclose the damage prior to sale even where the damage occurred before the dealer came into possession of the vehicle. Keeton v. Lexington Truck Sales, Inc. (Ky.App. 2008) 275 S.W.3d 723. As the court explained in Keeton v. Lexington Truck Sales, Inc., to interpret KRS 186A.540 otherwise would be inconsistent with the legislative intent of KRS 186A.540 and "enable unscrupulous dealers to keep the secret that the dealer is selling a damaged vehicle".

Therefore, disclosure of prior damage is required by a Kentucky car dealer under KRS 186A.540 where: (1) a dealer has direct knowledge of the damage, (2) the damage resulted in repairs or repair estimates in excess of $1,000, and (3) the damage occurred prior to delivery of the vehicle to the purchaser.

What kinds of damage must be disclosed? Repairs that must be disclosed include any types of repairs, whether body repairs, mechanical repairs, or otherwise. Smith v. General Motors Corp. (Ky.App. 1998) 979 S.W.2d 127.  

How must the damage be disclosed? The disclosure must be in writing and the purchaser must sign the written disclosure. KRS 186A.540(2).

What if you purchased the motor vehicle for business use? The law still applies to you. In fact, a Kentucky Appellate Court has held that a commercial purchaser is within the class of persons intended to be protected by KRS 186A.540. Keeton v. Lexington Truck Sales, Inc. (Ky.App. 2008) 275 S.W.3d 723.

Has a Kentucky car dealer failed to disclose to you more than $1,000 in damage to a motor vehicle that you purchased from them? Contact the dealer and see if they will take the vehicle back and give you your money back. If not, then contact the Kentucky Attorney General's Consumer Protection Office, 888-432-9257, http://ag.ky.gov/civil/consumerprotection/Pages/default.aspx. Or, you may want to contact a private attorney who specializes in Lemon Law in Kentucky. Feel free to call Burdge Law Office on our Toll Free Hotline, 1.888.331.6422, to see if we can help you out of your "lemon" vehicle.

Beth Wells

www.BurdgeLaw.com

www.OhioLemonLaw.com

www.KentuckyLemonLaw.com

Helping Consumers Get Rid of Lemons, 13 Years Running

KNOW YOUR RIGHTS: A car dealer’s affirmative duty to disclose in an “as-is” sale to a consumer in Ohio

 The Ohio Advertisement and Sale of Motor Vehicles Rule and the Consumer Act require a car dealer to affirmatively disclose the following to a consumer before selling the consumer a motor vehicle:

1. Prior damage to a new vehicle that the dealer knows about, where the retail cost of repair exceeds or exceeded 6% of the vehicle's MSRP. OAC 109:4-3-16(B)(14);
2. The fact that a motor vehicle has previously been titled as a salvage vehicle when the car dealer knows about it. OAC 109:4-3-16(B)(29);
3. Obvious defects in a motor vehicle at the time of sale whether or not the car dealer knows about them. Muench v. Eagle Savings Assn. & Hassan Motors, Inc. (C.P. Hamilton, 3/30/87) Case No. A 850744, Filed as PIF #861 on 5/5/87.

What kinds of damage must be disclosed?  Any damage to a new motor vehicle, excluding damage to glass, tires and bumpers replaced by identical manufacturer's original equipment. Or, damage to a used motor vehicle which caused the vehicle to be titled as a salvage vehicle, or damage to a vehicle which is substantial and obvious.  

What if the damage occurred before the dealer came into possession of the vehicle? This does not change the rules at all. The Ohio Advertisement and Sale of Motor Vehicles Rule and the Consumer Act do not distinguish between damage that occurred before or during the dealership's possession of the vehicle.

How must the damage be disclosed?  There is no requirement that the disclosures be made by the car dealer in writing. So, they can either be in writing or orally.

What if I purchased the motor vehicle primarily for business use?  If the primary purpose of your purpose was not personal use, then neither the Ohio Advertisement and Sale of Motor Vehicles Rule nor the Consumer Act apply to you. Therefore, the car dealer would not be required to disclose any of this information to you.  However, you may still have claims under a common law fraud standard, or under the Deceptive Trade Practices Act.

Has on Ohio car dealer failed to disclose significant damage or defects in a vehicle that you purchased from them for consumer use? Contact the dealer and see if they will take the vehicle back and give you your money back. If not, then you can contact the Ohio Attorney General's Consumer Protection Office, 30 E. Broad St., 14th floor, Columbus, Ohio 43215-3428, 1-877-244-6446. Or, you may want to contact a private attorney who specializes in Car Sales Fraud in Ohio.  Feel free to call Burdge Law Office on our Toll Free Hotline, 1.888.331.6422, to see if we can help you out of your "lemon" vehicle.

Beth Wells

www.BurdgeLaw.com

www.OhioLemonLaw.com

www.KentuckyLemonLaw.com

Helping Consumers Get Rid of Lemons, 13 Years Running

All New 2018 Ford EcoSport

The new 2018 Ford EcoSport, a compact cross-over SUV, will be joining the Ford lineup in early 2018.  

The vehicle will reportedly offer the choice between a 1.0-liter turbocharged three-cylinder, or a 2.0-liter four-cylinder, and will come standard with a 6 speed automatic transmission, all-wheel drive, and automatic start/stop.  

Additionally, the vehicle will reportedly feature an infotainment system with an 8 inch screen that can be operated with pinch and zoom motions.  Vehicle fuel level and odometer readings will reportedly be viewable from a mobile app that the owner can download, and the app reportedly will allow owner to remotely start and lock the vehicle.

The most interesting feature, however, is the unconventional side-hinge gate for opening the rear hatch, which may make it tough to access the rear compartment when parking on the street in close quarters.

Reportedly, the EcoSport will be offered in four trims: S, SE, SES, and Titanium.

Having problems with your new Ford car, truck, or SUV that has been in the shop multiple times but is still not fixed?  You may want to call Ford direct and ask Ford to take your vehicle back and give you your money back or to make it right in some other way.  If Ford still won't do anything, and the vehicle was purchased or repaired in Ohio or Kentucky, then you can call Burdge Law Office on our Toll Free Hotline, 1.888.331.6422, to see if we can help you out of your "lemon" vehicle.

Beth Wells

www.BurdgeLaw.com

www.OhioLemonLaw.com

www.KentuckyLemonLaw.com

Helping Consumers Get Rid of Lemons, 12 Years Running

2016 Marks 7 Years Straight of New Car and Light Truck Sales Increases in the US

New car and light truck sales are up again in 2016.  The final tally for 2016 was reportedly 17,539,052 cars and light trucks, more than 56,000 over the 2015 record, marking a seventh straight year for new car and light truck sales increases– the longest streak in the United States since 1909-1917.    

A major contributor to the sales increases was a strong December.  The December volume increases for some major manufacturers are reportedly: 
- GM up 10% (Chevrolet 13%, GMC 5.8%, Cadillac 3.2%, Buick 2.8%)
- Nissan up 9.7% (8.3% Nissan, 21% Infiniti)
- Honda up 4.8% (6.9% Honda, 1.9% Acura)
- Toyota up 2% (2.6% Toyota, -0.5% Lexus)
- Ford up .1% (-0.8% Ford, 18% Lincoln)

However, December wasn’t free from volume declines, with some major manufacturers reporting the following drops in volume: 
- Fiat Chrysler down 10% (-10% FCA US, -6% Jeep, -34% Fleet, 10% Ram)
- Mazda down -1.8%
- Kia down -0.2%
- Mini down -7%

Among other brands, Kia, Land Rover, Mercedes-Benz, Hyundai, Subaru, Audi and Porsche reportedly set annual U.S. sales records in 2016.  

2016 also reportedly marked another increase in market volume for light trucks, led by crossovers.  In fact, Nissan reported that its Rogue surpassed the Altima sedan in 2016 in sales volume.

What to the sales increases mean?  Likely strengthening consumer confidence, as well as an increase in the overall number of “lemon” vehicles.

Do you have a new vehicle that has been in the shop repeated times for warranty repairs in Ohio or Kentucky, but is still not fixed?  If so, call our Toll Free Hotline, 1.888.331.6422, to see if we can help you out of your defective vehicle today.

Beth Wells

www.BurdgeLaw.com

www.OhioLemonLaw.com

www.KentuckyLemonLaw.com

Helping Consumers Get Rid of Lemons, 12 Years Running

Honda Water Leak Recall

Honda is recalling certain model year 2017 Honda Ridgeline AWD vehicles manufactured April 1, 2016 to August 11, 2016, because water may enter the rear wiring harness through the connector located under the truck bed drain hole, possibly causing the connection terminals to corrode.  According to Honda, corrosion of the wiring harness can cause increased electrical resistance, unexpectedly activating the vehicle stability assist (VSA) system, and increasing the risk of a crash.


According to the National Highway Traffic and Safety Administration ("NHTSA"), Honda will notify owners, and dealers will inspect the rear wiring harness and related components, replacing them as necessary, all free of charge. The recall is expected to begin January 24, 2017. 

Owners may contact Honda customer service at 1-888-234-2138, and should reference recall KD3.  Owners may also contact the NHTSA Vehicle Safety Hotline at 1-888-327-4236 (TTY 1-800-424-9153), or go to www.safecar.gov.

To read more about the recall, click here.

If you have a 2017 Honda Ridgeline, then check to see if it is included in the recall and make sure to get it into a Honda authorized dealer for repair.

Do you have a 2017 Honda Ridgeline that has been in the shop repeated times for warranty repairs in Ohio or Kentucky, but is still not fixed?  If so, call our Toll Free Hotline, 1.888.331.6422, to see if we can help you out of your defective vehicle today.

Beth Wells

www.BurdgeLaw.com

www.OhioLemonLaw.com

www.KentuckyLemonLaw.com

Helping Consumers Get Rid of Lemons, 12 Years Running

Negative Equity - Know what you're getting into before it's too late!

 Negative equity can leave you upside down and under water in a car loan, especially if your car ends up being defective.  Negative equity can be financially devastating, so make sure that you know what you are getting into before you trade in a vehicle with a loan on it.

What exactly is negative equity?  It is created when you owe more on a vehicle than it is worth, trade the vehicle in, and then roll the balance of the loan into another vehicle purchase.  Here is an example: You decide to trade your vehicle in on a newer model.  The loan payoff is $20,000.  However, your value is only worth $15,000.  You have negative equity of $5,000.  And, in most instances, even if the dealer tells you that they are paying off your loan, the dealer will add that $5,000 to the purchase price of your new vehicle.  As a result, your loan and your monthly payments for the new car will increase.  And, the longer the loan, the longer it will take to reach positive equity in the vehicle.

Understanding how negative equity works in a vehicle trade-in can help you make a better informed choice about purchasing and financing a car, and help you know when a car dealer's ads or statements regarding your trade-in are misleading.

Here are some tips to help you avoid negative equity:

1. Find out what your vehicle is worth before starting negotiations with the dealership.  You can go to websites by Kelly Blue Book, Edmunds, or NADA, or take your vehicle to your local CarMax for a written appraisal.

2. Consider holding off on the purchase of the new car until you have paid down the loan on your current vehicle to an amount close to its projected trade-in value.  You may even want to pay a bit more monthly on the principal to speed up the process.

3. Read the purchase contract very carefully and ask the dealer how the negative equity is being treated in your purchase.  If the dealer tells you that it is paying off the loan on your vehicle, but they are really making you pay the negative equity, then it will be included on your sales contract.  The negative equity might appear in a "negative equity disclosure" box which states that it was added to the purchase price, it may be an itemized addition before the final "out the door" price, or it may be calculated by addition of the loan payoff to the purchase, less the trade-in allowance that the dealer is really giving you for the car.

Beth Wells

www.BurdgeLaw.com

www.OhioLemonLaw.com

www.KentuckyLemonLaw.com

Helping Consumers Get Rid of Lemons, 12 Years Running

Transmission Problems with your Ford Truck or Sedan?

Do you have a Ford truck or sedan?  Does your Ford truck or sedan hesitate or shudder on acceleration?  According to the National Highway Traffic Safety Administration reports, and my own experience litigating lemon law cases, you are not alone!

Is your repairing dealership telling you that they cannot find a problem, or that the problem you are having is normal operation?  If your answer is yes, don't lose hope!  Continue to take your Ford truck or sedan in for repairs.  Keep a diary in the car of when the problem occurs and what happens.  If you have any near miss accidents, make sure to include those. Obviously, wait until your car is parked and you are in a safe location to make the diary entry.  These diary entries may help you get some traction at the dealer.

Still having problems after 4 repair attempts?  You may want to call Ford direct and ask Ford to take your vehicle back and give you your money back or to make it right in some other way.  Make sure to tell the Ford representative about your diary, near accidents, and repeated repair attempts.  If the vehicle makes you feel unsafe to drive, then tell the Ford representative so!

Ford still won't do anything?  If the vehicle was purchased or repaired in Ohio or Kentucky, then you can call Burdge Law Office on our Toll Free Hotline, 1.888.331.6422, to see if we can help you out of your "lemon" vehicle.

Beth Wells

www.BurdgeLaw.com

www.OhioLemonLaw.com

www.KentuckyLemonLaw.com

Helping Consumers Get Rid of Lemons, 12 Years Running

KNOW YOUR RIGHTS: You Have the Right to a Written Auto Repair Invoice in Ohio

I recently had a car dealer tell me that their service department is so busy that they just don't have time to write out service invoices for vehicles that they repair.  In fact, the dealer went on to tell me that it was actually their practice NOT to document any repairs that they perform.

I was blown away.

In Ohio, when you take your car in for repairs or services of any kind, the Motor Vehicle Repairs and Services Rule, OAC 109:4-3-13, requires that the repair shop to document any repairs or services in writing.  Specifically, OAC 109:4-3-13(A)(12) makes it a deceptive act and a violation of the Ohio Consumer Sales Practices Act, RC 1345.01 et seq for a repair shop to fail to provide a consumer with a written itemized list of repairs performed or services rendered in any consumer transaction involving the performance of any repair or service upon a motor vehicle.

So, if you have your car repaired or service, and the repair shop refuses to give you a written

list of repairs that they performed or services that they rendered, the repair shop is violating Ohio law.

What can you do?  One option is to report the violation to the Ohio Attorney General, or to the Better Business Bureau.  Click here to access the Ohio Attorney General's Online Complaint.  Click here to access the Dayton Better Business Bureau website.  If you are somewhere else in Ohio, click on change your location, and you can get to your local Better Business Bureau website.

Why is it important?  Documented repairs are extremely important.  If you end up in a dispute with the dealership or the auto manufacturer about your car, the written repair invoice will be your evidence that the repairs or services occurred.  If you end up having a dispute with the manufacturer and they demand oil change receipts from you as a prerequisite to warranty coverage for the repair, written invoices of all oil change services will also be essential.  Documented repairs are important for a host of other reasons, too.

So, know your rights.  And, if a repair shop refuses to give you a written invoice documenting repairs or services performed to your car, tell them that they are required to do so under Ohio law!

Beth Wells

www.BurdgeLaw.com

www.OhioLemonLaw.com

www.KentuckyLemonLaw.com

Helping Consumers Get Rid of Lemons, 12 Years Running

Purchasing A Vehicle Online?

Found a vehicle at an amazing price online?  Wonder if it is too good to be true?  It might be, so make sure to do these four important things before purchasing it.
  

1. Print and save the online advertisement.  Many care dealers quickly delete their advertisements after the vehicle is sold, so you want to save your evidence in case something goes wrong.  This way, if you get involved in a legal battle with the dealership, you will have proof of the representations that the dealer made about the vehicle in writing.


2. Pay to have the vehicle inspected by a local dealership.  Many people want to save the money and trust what the dealer tells them about the vehicle.  However, if you are purchasing the vehicle online out of state, it is much easier for the dealer to unload a "lemon" vehicle on you, and much harder for you to get the dealer to take it back after the fact.  The logistics of an online purchase can be a nightmare if the vehicle has problems at delivery, so spend the extra money to make sure that the vehicle is reliable and as advertised.  How do you choose an auto shop to inspect?  The best bet is an authorized dealer.  They will know the vehicle better and have access to information from the manufacturer that a local shop will not.  Spend the extra money.  It is worth it in the long run on such an expensive purchase as a motor vehicle.

3. Get a CarFax Vehicle History Report. A CarFax Vehicle History Report will  list all reported repairs and accidents, and will show the title history string.  While the report will not have unreported repairs or unreported accidents listed, getting a CarFax Vehicle History Report is still much better than going into a motor vehicle purchase blind.  To get a CarFax Vehicle History Report at www.carfax.com. 


4. Get all promises in writing. Car dealers love to make promises to buyers to get them to purchase a car, but aren't very willing to put those promises in writing.  If the car dealer won't put the promises in writing on what is called a "we owe" form, then there's probably a reason.  In other words, good car shopping.

Unfortunately, none of these things are completely foolproof-- there is always a risk that the salesman is lying and you won't catch him until its too late.  However, if you are going to make an online purchase anyways, make sure to do your homework so you aren't fooled!

Beth Wells

www.BurdgeLaw.com

www.OhioLemonLaw.com

www.KentuckyLemonLaw.com

Helping Consumers Get Rid of Lemons, 12 Years Running

Is a Smart Seat in Your Auto Driving Future?

Imagine this– you hop into your car, and the seat moves and molds to match your body contour and height.  Believe it or not, your car could have a smart seat like this in just three (3) short years. 

Lear, a global supplier of automotive seating and electrical systems, has developed a “smart seat” so secret, that pictures are not yet available.  The seats will reportedly make adjustments to account for the driver’s physique– move forward or backwards to accommodate long or short limbs, wrap around thighs and torsos, and create a lumbar setting that is chiropractor certified to help ward off fatigue.  The seat is expected to be in production within three (3) years, and will be manufactured out of the company’s new Innovation Center in downtown Detroit, Michigan.  The Innovation Center will develop “smart seats” and e-systems for charging electric vehicles that are smaller and more advanced than the ones currently in production.  


Lear spent a whopping $10 million to buy and renovate the building. Lear employs about 140,000 in 240 locations including about 2,500 in metro Detroit and almost 5,000 in Michigan. Its headquarters are in Southfield, Michigan.

A native of Detroit, Lear CEO Matt Simoncini sees the Innovation Center as a return to Lear’s roots in the Motor City. And he sees doing advance work in Detroit as a competitive advantage for a company expected to report revenue of about $18.5 billion this year.

Competitors Faurecia, Johnson Controls, and Magna International are also reportedly working on their own versions of “smart seats” for use in the auto industry.  

The question is, however, whether auto manufacturers will buy into the idea.  Many are skeptical.  Ford Motor Company is reportedly interested, but only "if that cost-benefit ratio makes sense."  Toyota is reportedly actively researching a “smart seat” concept.  General Motors, on the other hand, appears to reportedly have no interest incorporating a “smart seat” into its vehicles.

Beth Wells

www.BurdgeLaw.com

www.OhioLemonLaw.com

www.KentuckyLemonLaw.com

Helping Consumers Get Rid of Lemons, 12 Years Running

Nissan Air Bag Recall

Nissan North America, Inc. (“Nissan”) is recalling certain model year 2016-2017 Nissan Maxima, 2013-2016 Nissan Altima, NV200, LEAF and Sentra, 2013-2017 Nissan Pathfinder, 2014-2016 Nissan NV200 Taxi, Infiniti QX60 and Q50, 2014-2017 Nissan Rogue, 2015-2016 Nissan Murano, Chevrolet City Express and 2013 Infiniti JX35 vehicles. The front seat passenger Occupant Classification System (“OCS”) may incorrectly classify an adult passenger as a child or classify the seat as empty despite it being occupied. As a result, the passenger frontal air bag may be turned off and not deploy in the event of a crash.  

According to Nissan, this recall affects a total of 3.2 million vehicles and, if the passenger frontal air bag does not deploy as intended in the event of a crash, the passenger is at an increased risk of injury.

According to the National Highway Traffic and Safety Administration (“NHTSA”), Nissan will notify their owners directly, and Chevrolet City Express owners will be notified by General Motors.  Authorized dealers will reprogram the Air Bag Control Unit (ACU) and OCS Electronic Control Unit (ECU) in the effected Altima, Maxima, Murano, Rogue, and Sentra vehicles, and replace the OCS ECU in LEAF, NV200, NV200 Taxi, Pathfinder, Infiniti Q50, JX35, and QX60 and Chevrolet City Express vehicles, free of charge. 

The manufacturer has not yet provided a notification schedule. Owners may contact Nissan customer service at 1-800-867-7669, Infiniti customer service at 1-888-833-3216 or Chevrolet customer service at 1-800-222-1020.

Owners may also contact the NHTSA Vehicle Safety Hotline at 1-888-327-4236 (TTY 1-800-424-9153), or go to www.safercar.gov. To read more about the recall, click here. 

If you have a Nissan vehicle, then check to see if it is included in the recall and make sure to get it into an  authorized dealer for repair.

Do you have a Nissan that has been in the shop repeated times for warranty repairs in Ohio or Kentucky for an air bag concern that is still not fixed?  If so, call our Toll Free Hotline, 1.888.331.6422, to see if we can help you out of your defective vehicle today.

Beth Wells

www.BurdgeLaw.com

www.OhioLemonLaw.com

www.KentuckyLemonLaw.com

Helping Consumers Get Rid of Lemons, 12 Years Running