Tesla Settles With The “King of Lemon Law” – CleanTechnica

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Published on July 17th, 2014 |
by Christopher DeMorro

July 17th, 2014 by Christopher DeMorro
 
You can please some people some of the time, but you can’t please all of the people all of the time. That’s the lesson Tesla has learned after taking on an unhappy Model S owner and Milwaukee lawyer Vince Menga, the self-proclaimed “King of Lemon Laws”.

Tesla has settled a lawsuit with the King of Lemon Law, refunding the cost of the supposedly defective Model S and paying Vince Menga’s court fees, for a total refund of some $126,000.

Of course there’s more to this story, and Tesla indicated that some sketchy behavior had been tracked by service technicians, hinting that perhaps this lawsuit wasn’t on the up-and-up. On the flip side, the new owner of a Signature Model S Performance claims his car was in for service for 66 days out of the first few months he owned it, calling the car defective and demanding his money back.

In the end Tesla refunded his money, and Vince Menga got to claim another victory (of sorts), leading him to make the weird video below that counts as his victory lap.

Like I said, you can’t please everybody all of the time, but customers overwhelmingly love the Tesla Model S, which has cleaned up in just about every awards category. So who do you trust, a weirdo lawyer, or all the people who have heaped praise and awards upon the Tesla Model S?

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Tags: Milwaukee, Tesla, Tesla Model S, Tesla Motors, Vince Menga

About the Author

Christopher DeMorro A writer and gearhead who loves all things automotive, from hybrids to HEMIs, Chris can be found wrenching or writing- or esle, he’s running, because he’s one of those crazy people who gets enjoyment from running insane distances.

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'Lemon-law' lawyer declares victory against Tesla – CNBC.com

When the case was filed, Tesla at first declined to comment. But then it mounted a defense in its blog, hinting that the owner may have tampered with his car, producing some of the defects.

It said the Tesla service team “did everything reasonably possible” to help Montgomery, especially when it came to a fuse that blew three times. Each time, Tesla engineers were unable to find a problem.

“When the fuse kept blowing despite the new parts, and faced with no diagnosis showing anything wrong with the car, the engineers were moved to consider the possibility that the fuse had been tampered with,” Tesla says. “After investigating, they determined that the car’s front trunk had been opened immediately before the fuse failure on each of the three occasions. (The fuse is accessed through the front trunk.) Ultimately, Tesla service applied non-tamper tape to the fuse switch. From that point on, the fuse performed flawlessly.”

Read MoreIs this the world’s most important car company?

Megna strongly denied there was any tampering. Megna also says he was savaged online by what he calls Tesla’s “fan boys,” including 700 “dislikes” of a video he posted on the case and 500 comments.

But he adds: “We were not going to give up at any stage.”

— By Chris Woodyard, USA Today

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Faulty airbag falls under New Jersey's Lemon Law – WABC-TV

NEW JERSEY (WABC) —

You spend a lot of money when you buy a new car and you expect everything to work, including the airbag.

A local father was concerned when the airbag light went on indicating trouble, but getting it fixed, wasn’t easy.

It couldn’t be fixed and no one would take the brand new car back.

Even after the vehicle was recalled for the same safety problem this family said they were experiencing for the past year, well things changed after 7 On Your Side went out for a test drive.

As children of a police officer, Ashley and Alec Staszak are careful when it comes to the law and their safety.

But for the last year, they feel their lives have been at risk, because of something they can’t control.

“The airbag light was on when I’d take my brother to school, the light would be on, and, or a friend would be in the car the light would be on!” Ashley Staszak said.

The family noticed the passenger airbag warning light staying on as soon as they bought the brand new Nissan Sentra in June of last year.

“We’ll be driving and my wife will say, ‘light’s on’, we’re not sure if that passenger light is operational,” said James Staszak, the car’s owner.

Jim did some research and learned certain Nissan 2013 models had been recalled for passenger side airbag malfunctions. He brought the car to two separate dealers to examine.

“Two different groups have seen it and haven’t come up with a solution or ease our minds,” James Staszak said, “It is life and death those are there to stop someone from coming forward.”

7 On Your Side wanted to see the problem firsthand, so took a spin in the Sentra. As soon as we got in the light warning the airbag was OFF, came on, the time was 12:18.

“According to the manual this should’ve turned off within seven seconds,” 7 On Your Side’s Nina Pineda said.

The sensor wasn’t sensing someone 6’1″ and 125 lbs. was sitting in the seat. It stayed on as we drove around.
until 12:27.

“If we are not monitoring that light, then we are at risk at risk of serious bodily injury or death!” James Staszak said.

So 7 On Your Side asked Nissan to take another look at the Staszak’s case, within a week the car manufacturer citing the New Jersey Lemon Law, offered to refund their down payment and all of the last year, 12 months of car payments.

“We were shocked at the amount of money they returned to us and it’s all because of 7 On Your Side,” James Staszak said.

Nissan said since its primary concern is customer satisfaction they were pleased the situation was resolved in a way that is pleased Mr. Staszak.

Nissan also said it’s not aware of any similar issues involving the Sentra; the car maker voluntarily repurchased the car citing the New Jersey Lemon Law.

(Copyright ©2014 WABC-TV/DT. All Rights Reserved.)

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Written by: Nina Pineda

'Lemon-law' lawyer declares victory against Tesla – USA TODAY

A Milwaukee attorney says he’s won a settlement in his lemon-law suit against Tesla Motors on behalf of a Wisconsin owner who had big problems with his Model S.

Attorney Vince Megna, the self-declared “lemon-law king,” said Monday that the electric carmaker agreed to buy the car back for for $126,836, including accessories and extras and $18,500 in attorney fees. “We got back every penny we asked for,” he says.

Megna believes it was the first settlement of a lemon-law claim against the California automaker.

The Tesla case was unusual not only because it involved a luxury electric car, but also because the automaker in its blog blasted the owner personally for having filed a lemon-law case.

Tesla did not do so on Monday, however. Reached for comment, Tesla spokeswoman Liz Jarvis-Shean said, “We consider this case to be closed.”

Megna filed the suit on a behalf of physician Robert Montgomery, who says the Model S was out of service for a total of 66 days shortly after he bought it in March of 2013.

He racked up a litany of complaints, including that the car didn’t turn on, the transmission wouldn’t shift into drive, the door handles didn’t always work and the battery cooling system did not work, to name a few. Montgomery declined an interview request.

Since Tesla didn’t have repair facilities near Montgomery in Wisconsin, the car had to be transported to Chicago each time it needed major repairs.

When the case was filed, Tesla at first declined to comment. But then it mounted a defense in its blog, hinting that the owner may have tampered with his car, producing some of the defects.

It said the Tesla service team “did everything reasonably possible” to help Montgomery, especially when it came to a fuse that blew three times. Each time, Tesla engineers were unable to find a problem.

“When the fuse kept blowing despite the new parts, and faced with no diagnosis showing anything wrong with the car, the engineers were moved to consider the possibility that the fuse had been tampered with,” Tesla says. “After investigating, they determined that the car’s front trunk had been opened immediately before the fuse failure on each of the three occasions. (The fuse is accessed through the front trunk.) Ultimately, Tesla service applied non-tamper tape to the fuse switch. From that point on, the fuse performed flawlessly.”

Megna strongly denied there was any tampering. Megna also says he was savaged online by what he calls Tesla’s “fan boys,” including 700 “dislikes” of a video he posted on the case and 500 comments.

But he adds: “We were not going to give up at any stage.”

Read or Share this story: http://usat.ly/1mCYwIF

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Pa. couple cites Lemon Law in suit over faulty motor home – The Pennsylvania Record

A married couple in Luzerene County has filed a Lemon Law claim against the justice pendulum logomanufacturers of a motor home that needed constant repairs, according to a suit filed in the U.S. District Court for the Eastern District of Pennsylvania.

Gerald and Patsy Levandoski, of Mountain Top, Pa., seek full restitution of the purchase price for the motor home, more than $160,000, from Ford Motor Company, which supplied the chassis used by co-defendant Tiffin Motorhomes, Inc. as part of the vehicle’s manufacture. The finished product was sold to the plaintiffs by Colton Auto, Inc., a dealership located in New York that conducts business in Pennsylvania.

According to the complaint, on Aug. 18, 2011 the Levandoskis purchased the motor home, a 2011 Tiffin Allegro, from Colton Auto. In April 2012, the first of many repairs to the transmission line occurred, with just over 6,000 miles on the odometer.

The leaky transmission was persistent, as five more repair attempts were made by the dealer between Oct. 2012 and Sept. 2013 before the couple finally gave up on the vehicle, the suit claims.

“As a result of the ineffective repair attempts made by the defendants through their authorized dealer,” the complaint says, “the vehicle is rendered substantially impaired, unable to be utilized for its intended purposes, and is worthless to the plaintiffs.”

The complaint says the motor home qualifies for damage sunder the Lemon Law because repairs have been attempted on the same defect more than four times. The defendants have also been accused of using false and deceptive practices in the sale of the motorhome by misrepresenting that the vehicle was free from defects that would impair it.

The plaintiffs are represented by Jason Greshes of Kimmel & Silverman in Ambler, Pa.

The federal case ID number is 2:14-cv-04139-RB.

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Better Business Bureau: Know lemon law protections – Topeka Capital Journal

Protections exist for the car buyer who ends up with a lemon.

The frustration of paying a hefty price for a new vehicle only to find that it does not live up to the promised standards can be extreme. Fortunately, Kansas, like all states, has a lemon law in place to help those who purchase new cars with unfixable flaws. Lemon laws hold manufacturers responsible for vehicles that do not meet performance and safety standards.

Here is a look at Kansas’ law protecting new car buyers. The law does not apply to used cars.

What’s covered:

Our state’s lemon law applies to new vehicles with a gross weight of 12,000 pounds or less. Since most modern cars weigh between 4,000 and 6,000 pounds, practically all fall within the range. Pickup trucks fit the category as well.

The vehicle must have been purchased within a year of when its defective status is found. The defect must be major enough so that it “substantially impairs the use and value of the vehicle.” Examples of such defects would be:

• Stalling in traffic

• Failure to stay in alignment

• Overheating

• Anything that is a safety concern

• Anything that renders the vehicle inoperable

It should be noted that these are just examples. Other flaws could also qualify the vehicle as a lemon.

Small problems like cosmetic defects, a bad radio or a faulty air conditioner are not covered. Dealers, however, are required to honor warrantees for such issues. Also worth noting: To qualify for the lemon law, the problem cannot be the result of abuse, neglect or unauthorized modifications by the consumer.

A “reasonable number of attempts”

Under Kansas law the car fits the lemon category if:

• There have been 4 unsuccessful attempts made to repair the same problem

• The vehicle has been out of service at least 30 days during the warranty period

• There were 10 or more attempts made to repair various defects during the warranty period

Different manufacturers’ contracts say varying things about how the situation should be handled from here. Either the vehicle must be replaced, repurchased, or arbitration must begin.

Your BBB has a free arbitration program called BBB Auto Line that has aided nearly 2 million consumers over the last 30 years. Find out more about this helpful program by visiting bbbinc.org and clicking on the “Is your car a lemon?” button. Alternately, you may call (800) 955-5100. In many cases the arbitration process is greatly streamlined with the help of the BBB Auto Line staff.

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Better Business Bureau: Lemon law protects new-car buyers – Topeka Capital Journal

The frustration of paying a hefty price for a new vehicle only to find that it doesn’t live up to the promised standards can be extreme. Fortunately, Kansas, like all states, has a lemon law in place to help those who purchase new cars with unfixable flaws. Lemon laws hold manufacturers responsible for vehicles that don’t meet performance and safety standards.

Here is a look at Kansas’ law protecting new car buyers. The law doesn’t apply to used cars.

What is covered

Kansas’ lemon law applies to new vehicles with a gross weight of 12,000 pounds or less. Since most modern cars weigh between 4,000 and 6,000 pounds, practically all fall within the range. Pickup trucks fit the category, as well.

The vehicle must have been purchased within a year of when its defective status is found. The defect must be major enough so that it “substantially impairs the use and value of the vehicle.” Examples of such defects would be:

■ Stalling in traffic

■ Failure to stay in alignment

■ Overheating

■ Anything that is a safety concern

■ Anything that renders the vehicle inoperable

It should be noted that these are just examples. Other flaws could also qualify the vehicle as a lemon.

Small problems like cosmetic defects, a bad radio or a faulty air conditioner aren’t covered. Dealers, however, are required to honor warrantees for such issues. Also worth noting: To qualify for the lemon law, the problem can’t be the result of abuse, neglect or unauthorized modifications by the consumer.

A “reasonable number of attempts”

Under Kansas law the car fits the lemon category if:

■ There have been four unsuccessful attempts made to repair the same problem

■ The vehicle has been out of service at least 30 days during the warranty period

■ There were 10 or more attempts made to repair various defects during the warranty period

Different manufacturers’ contracts say varying things about how the situation should be handled from here. Either the vehicle must be replaced, repurchased, or arbitration must begin.

Your BBB has a free arbitration program called BBB Auto Line that has aided nearly 2 million consumers over the last 30 years. Find out more about this helpful program by visiting bbbinc.org and clicking on the “Is your car a lemon?” button. Alternately, you may call (800) 955-5100. In many cases the arbitration process is greatly streamlined with the help of the BBB Auto Line staff.

What you will need

Consumers would be wise to keep all paperwork involved in every repair made to the vehicle in question. Here is what should be documented:

■ Phone calls and trips to the dealership, repair department and manufacturer

■ Dates and reasons for each visit

■ What is wrong with the vehicle and what attempts to repair were made

■ Time lost from work

■ Expenses you have had to pay

■ Towing receipts

For the Auto Line process you will need the vehicle identification number, make, model and year of the vehicle and the current mileage.

Hopefully your new car was a sweet deal. But if instead there is a sour lemon in your garage, be advised that there are steps you can take to put the squeeze on its manufacturer. If you have questions or concerns about your new car and the Kansas lemon law, contact your BBB at (800) 856-2417, or visit our website at bbbinc.org.

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Know your rights: Lemon law applies to most vehicles – Victoria Advocate

  • By Richard Alderman
  • Originally published July 5, 2014 at midnight, updated July 5, 2014 at midnight

Does the Texas Lemon Law apply to a motorcycle?

The Texas Lemon Law gives you the right to relief if a new vehicle you purchase is not repaired within a reasonable number of attempts. The law applies to cars, trucks, motorcycles, motor homes and all terrain vehicles. For more information or to file a complaint, visit txdmv.gov and search lemon law or call 888-368-4689.

About 10 years ago, I did business with a company and never paid my bills. I was shocked to find out that it still refuses to deal with me until I pay. Isn’t there some sort of limitations period for collecting a debt?

There are limitation periods for any type of legal action. For example, the statute of limitations bars a lawsuit for a debt after four years. There also are limits on how long such information may be reported on your credit report. In most cases, after seven years, the information becomes obsolete and cannot be reported.

There are no limitations, however, on how long you “owe” a debt. In fact, until it is paid, the money is owed. If the person to whom you owe the money does not want to deal with you until the debt is paid, he or she has a legal right to do so. It may seem shocking to you, but it is obviously a matter of some importance to the person to whom you owe the money.

I know someone who never got divorced and now lives with his common law wife. How can someone have a common-law marriage if they are already married?

You cannot have two wives. A common law marriage is no different from any other form of marriage. You may be married to only one person. Until you get a divorce, you cannot have another marriage, common law or otherwise.

If you loan someone money and there is no type of legally binding agreement – only verbal – what type of action can be taken to retrieve funds?

In most cases, when you loan someone money, he or she signs a promissory note, acknowledging the loan and promising to repay it. You seem to think that there is no “legally binding agreement,” however, because you do not have anything in writing. If you loaned the person money and he or she agreed to pay you back, you have a “legally binding agreement,” even if it is oral. It would be easier to collect if you had a signed writing, but it is not necessary. You can file a claim in justice court to collect, but you will have to prove the loan and promise to repay.

I want to make it clear that I do not wish to be kept alive by a machine. Can I write my own living will? Is there any special language I should use?

As you seem to understand, the best way to ensure that your wishes regarding the decision to be kept alive by life support is to make sure you clearly spell out what you want to happen in the event you have a terminal condition. You can do this by a document you prepare, but I strongly suggest you use the form the state of Texas has prepared.

An advanced directive, commonly called a living will, allows you to specify the treatment you would want in the event you had a terminal condition and death was imminent. The document is a simple-to-understand form, and is available free from my website below.

For a free copy of a living will or more information about your legal rights, visit peopleslawyer.net.

Richard Alderman, a consumer advocate popularly known as “the People’s Lawyer,” is a professor at the University of Houston Law School in Houston. His column appears weekly in the Victoria Advocate. Write to him at UH Law Center, Houston, TX 77204-6391. He also maintains a website at peopleslawyer.net.

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