Avoid used-car buyer's remorse by doing your homework

The used car appeared to be in excellent condition. The paint was shiny, and so was the engine. The tires looked good. But when its new owner drove it home, the engine sounded odd. Soon, bills to repair the car totaled more than the car’s cost.

That scenario is not uncommon. A majority of Floridians buy used cars as opposed to new ones, according to the Florida Attorney General’s Office, and they don’t always buy wisely.

A used vehicle can become a nightmare of costly and time-consuming repairs if people don’t do their homework before making a purchase. Never buy a used car without test driving it and having it checked out by a certified mechanic.

Most older used automobiles do not carry warranties. When the car is sold “as is,” a disclosure required by federal law, the dealer is guaranteeing absolutely nothing, according to Palm Beach County Consumer Affairs officials.

Dennis Moore, Palm Beach County Consumer Affairs director, said, “The best time to buy a new car was a few months ago. Now we are seeing increases in new car prices and some increases in financing. Because of that we are seeing a resurgence in lease arrangements.

“Under normal circumstances I would personally recommend that people consider purchasing a newer used car or a car that has just gone off lease. In some of these cases, the car is still under warranty,” Moore said.

Although financing costs may be slightly higher for a used vehicle, keep in mind that a new vehicle can lose at least 10 percent of its value, and perhaps 20 percent to 30 percent, as soon as it leaves the dealer’s lot.

Before making the purchase, take a deep breath and think about it for a while.

“Don’t be fooled by the sales pressure and rhetoric,” Moore said. “Do a little research on the vehicle you are considering.”

That includes checking with your mechanic and doing research on CarFax, in Consumer Reports and websites such as AutoTrader.com.

Once armed with good information, you will be better prepared.

Don’t even discuss a trade-in on a vehicle until you find out the cost of the vehicle you’re interested in buying, Moore said. Or sell the used vehicle on your own.

“It just depends on how much time you want to spend on everything and how much money you really want to save. Often it comes down to value vs. the time you have,” Moore said.

~ susan_salisbury@pbpost.com

Could Gabrielle Giffords lose her House seat?

New York – Arizona law says politicans unable to perform their duties for three consecutive months must step down. Could the injured Rep. Giffords lose her seat?

Rep. Gabrielle Giffords (D-Ariz.) continues to recover at a “miraculous” pace from the assassination attempt that nearly claimed her life earlier this month. But, even as she amazes her doctors, some fear the congresswoman could be subject to a state law that calls for any public official unable to “discharge the duties of office for the period of three consecutive months” to lose his or her position, and a special election be called. Could Giffords end up losing her seat in the House? (Watch the first interview with Giffords’ husband)

Not under this law, no: The legal precedent here is clear: Only the Constitution dictates qualifications for members of Congress, says constitutional lawyer Paul Bender, as quoted in The Washington Post. “The state has no right to say when the office becomes vacant.”
“As Gabrielle Giffords continues recovery, lawyers say Arizona statute won’t endanger seat”

And who would be foolish enough to evict her? Even taking into consideration the “inevitable court challenge” that would follow any attempt to unseat Giffords, says Jazz Shaw at Hot Air, can you imagine anyone actually doing it? Only someone looking to commit political suicide would try to evict “one of the most closely watched, sympathetic figures in the nation” as she bravely recovers from an “attack by a madman.” Giffords will stay in her seat.
“Could Giffords’ seat be declared vacant?”

She won’t lose her seat… for now: The congresswoman won’t be forced from office under this Arizona law, says Jim Newell at Gawker, but at some point, given the months of rehabilitation she faces, “a decision will have to be made about Giffords’ congressional career, and whether she’s capable of continuing it.” When that time comes, it will definitely be an “awkward issue” to raise.
“Will Arizona law force Gabrielle Giffords out of her seat?”

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Burzichelli-Riley bill would extend lemon law protections to farm equipment

Published: Thursday, January 20, 2011, 11:46 AM     Updated: Thursday, January 20, 2011, 12:56 PM


John Barna/Gloucester County Times



TRENTON —  Legislation that would extend the state’s vehicle lemon law to new farm equipment has cleared the Assembly Consumer Affairs Committee.

The bill would apply to new motor vehicle farm equipment purchased or leased in New Jersey.

Its sponsors include Democratic Assemblymen John Burzichelli of Paulsboro and Celeste Riley of Bridgeton.

“Consumers are protected financially if they’re vehicles turn out to be a lemon, and farmers should get the same consideration,” Burzichelli said.

Ask Andy: Denied auto warranties – WMC

By Andy Wise – bio | email | Facebook

MEMPHIS (WMC-TV) – Auto dealers and manufacturers cannot refuse warranty work on your car if you or an independent mechanic perform the vehicle’s regular maintenance, according to the Federal Trade Commission (www.ftc.gov) and the Car Care Council (www.carcare.org).

“It’s a common misconception that only car dealers can perform the maintenance services on a newer vehicle that is under warranty,” said Rich White, the Car Care Council’s executive director. “Consumers can have maintenance services performed by their local independent repair shop or even do the work themselves without affecting the warranty.”

The federal “lemon law,” known officially as the Magnuson-Moss Warranty Act, prohibits auto manufacturers or their dealerships from voiding or refusing warranty work when someone else maintains the car.

“It’s illegal for a dealer to deny your warranty coverage simply because you had routine maintenance or repairs performed by someone else,” said a FTC consumer alert released in December. “Routine maintenance often includes oil changes, tire rotations, belt replacement, fluid checks and flushes, new brake pads and inspections.”

Your best protection:  documentation.

Scott Westbrook, owner and lead mechanic of Westbrook Auto Service  Body Shop, 3966 Winchester Rd., says ‘do-it-yourselfers’ should maintain their vehicles according to manufacturers’ suggested service intervals and keep dated records of the repairs to ensure manufacturers will honor any remaining warranty work.

“Even your extended warranty — a lot of extended warranty companies require you to show proof of documentation that the proper oil changes have been done before they’ll honor their warranty agreements,” said Westbrook.

“Our manufacturer, Ford Motor Co., may ask to see maintenance records before authorizing repair or replacement of certain components such as engines and transmissions,” said Stephen Nagel, general manager of Dobbs Ford Mt. Moriah and Dobbs Ford, Lincoln/Mercury Wolfchase. “We do not deny warranty repairs because a customer services his vehicle himself or at another facility.”

If you or an independent mechanic maintains your vehicle, Westbrook recommends you keep these records:





To get the most out of your manufacturer’s warranty, the Federal Trade Commission recommends:

* READ YOUR WARRANTY.  Usually paired with your owner’s manual, the warranty describes the details of your coverage. Warranty specs should also be available on your manufacturer’s website in the “owners” section.

* BE AWARE OF YOUR WARRANTY PERIOD. Know what is covered and when it expires.

* HONOR THE INTERVALS!  The more you keep to the manufacturer’s suggested service intervals, the better you’re insured the manufacturer will honor your warranty.

Copyright 2011 WMC-TV. All rights reserved.

State's lemon law bears fruit for Janesville trucker


— Freightliner had a chance to settle for $55,000 but instead will pay several hundred thousand dollars after a federal jury sided in favor of a Janesville father and son in a lawsuit over a defective semitrailer tractor.

The case was tried under the state’s lemon law. Wisconsin is the only state that has a law that covers semitrailer trucks.

Randy Seeman and his son Jason paid more than $117,000 for the new truck in September 2007.

Their attorney, Vince Megna, said the truck developed engine problems and was in and out of several authorized repair shops around the state without a solution.

Megna said the Seemans asked Freightliner for a refund or a new truck, but they got no response. Jewel Trucking—the Seemans’ business—then filed suit.

A jury in November decided that the truck had at least one problem and that the problem continued after the fourth visit to a repair shop. The jury also determined that the truck was out of service for at least 30 days because of one or more problems.

The court ordered Freightliner to pay the Seemans $255,000—twice the amount of their actual losses allowed under the lemon law. It also tacked on interest charges and other costs to push the total above $290,000.

In addition, the court ordered Freightliner to pay the Seemans’ attorneys fees of $225,000.

Megna, who is a national lemon law expert with the Waukesha firm of Aiken Scoptur, said it was the largest jury award in semitrailer truck lemon law case.

Megna said the truck was in the shop 16 times for a series of engine problems. At the trial, an expert witness for Freightliner said trucks such as the Seemans’ often are in the shop 10 to 12 times in their first year, Megna said.

Megna said he found that testimony incredible. Apparently, the jury did, too.

“This truck really was a disaster,” Megna said.

He hopes the case draws attention to the fact that other state’s lemon laws don’t cover the big trucks.

“It creates an unfortunate playing field for owner-operators around the country,” he said. “I get lots of calls from truck drivers around the country, but unfortunately there’s nothing we can do.

“The small owner-operator is in such a dismal position; they’re operating on a shoestring, and they have no clout.”

Megna said large fleet operators are in a better position to deal with manufacturers over defective trucks. They have the muscle and buying power to demand satisfaction, he said.

“We’ve made a statement with this case, and somehow we’ve got to raise awareness of the issue these owner-operators face,” he said. “It’s not like all these other states have to come up with new laws, they just have to amend the laws that are already on the books.

“Maybe the best thing would be for all the drivers in neighboring states to come to Wisconsin to buy their trucks. That would bring attention to the problem.”

Megna said that the Seemans do not want to speak with reporters until the final settlement. In the meantime, the truck remains parked in their yard, although Megna said it would likely be returned to Freightliner.

Jewel Trucking is now out of business, the result of several factors including the defective truck, Megna said

Megna said that at one point in the case Randy Seeman was nervous about its outcome. He and Megna offered to settle the case for $55,000, and Freightliner countered with $33,000.

“At that point, we took our offer off the table and proceeded to trial,” Megna said.

'Assistive tech devices covered by lemon law'

Individuals who purchase assistive technology devices that are defective need not fret as they are protected by law, according to the Office of Disability Policy and Programs.

Special assistant Thomas J. Camacho said these consumers are protected by Public Law 11-101 or the Assistive Technology Warranty Act of 1998 signed by then governor Pedro P. Tenorio.

Also called the Assistive Technology “Lemon Law,” the law covers any assistive device used for major life activities and the warranties for such devices.

Camacho said the law also covers the right of consumers to return defective devices, refunds and allowances, and the provision of arbitration of disputes and enforcement of the act.

According to Camacho, the effectivity of the one-year warranty starts as soon as the individual receives the assistive device.

Camacho said a consumer who acquires a defective assistive device must document the date and time of the malfunction, a description of the problem, where the consumer was when it occurred, and the consequences caused by the malfunction.

He said the affected consumer can have the assistive device repaired by the manufacturer at no charge.

If the manufacturer cannot repair the device, it can replace it with a new one or refund the consumer, Camacho said.

To help assistive device consumers, Camacho said his office has provided a consumer’s guide that inform consumers about their rights and protection under the Lemon Law.

For more information, call the Office of Disability Policy Programs at 664-2200.

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Calianese Auto Sales owner advises weighing needs vs. wants when buying a used car

Click to enlarge

Dispatch Staff Photo by JOHN HAEGER
Elliot Calianese of Calianese Auto Sales poses at the dealership on Route 5 in Clinton on Monday.

CLINTON -– Needs often have to come before wants when it comes to buying a used car, according to Elliot Calianese, the owner of Calianese Auto Sales at 7567 Route 5 in Clinton.

“The best thing to do is to assess their needs versus their wants,” Calianese said. “What they want is typically not what they need. If they need a car that’s going to seat six people then they shouldn’t be looking at a two-door Honda Civic. Focus on your needs and let me help you find a car that best suits you.”

Calianese has been involved in car sales since the mid-1990s. He worked at Copper City Chrysler in Rome from May 1995 to May 1999 and NYE Toyota in Oneida from May 1999 to May 2010 where he held a managerial position.

He had been considering opening his own dealership for the past few years and took the opportunity when it presented itself after his departure from NYE Toyota in May.

He said he picked the location on Route 5 because he wanted to keep his business local.

The Rome native and current Oneida resident opened his dealership on Oct. 4. He said sales have been steady since the doors opened.

He typically stocks around 20 used cars at the lot which are hand-picked at auctions and purchased through new car dealership trade-ins. Most of the used cars are from Central and Eastern New York but some are from as far as Florida.

He said he tries to make the buying experience “hassle-free” for his customers.

“You come in, you find a car and test drive it,” he said. “If you like it then you buy it. If you don’t like it then you tell me what you don’t like about it and I will try to find a car that fits your needs a little better.”

He provides his customers with other services as well.

“We offer financing so we do all the running around for you as far as getting the loan goes,” he said. “Extended warranties are available. Cars with under 100,000 (miles) are warranted as per the New York State Used Car Lemon Law.”

Calianese said used car sales are finally on the upswing following a downturn in mid-2009 after the government trade-in program focused on swapping the used, less fuel-efficient vehicles for new, more fuel-efficient vehicles.

“After ‘Cash for Clunkers,’ used car sales were down quite a bit,” he said. “That was a deal from the government that only applied to new cars. What was happening at that point was that a lot of these cars that used car dealers would buy and sell normally were going to junkyards because they weren’t allowed to be resold if they came in as trades with the ‘Cash for Clunkers’ deal. So that took a lot of used cars off the market that nobody could buy. Sales are actually just starting to come back now.”

Calianese said he is looking forward to meeting new customers. He is also inviting customers he has helped in the past to ask him for car buying advice and help even if they are not looking to buy a used car.

For more information call 853-2277 or e-mail ecautosalesny@aol.com

An updated inventory of available vehicles can be found by logging on to:


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Rogue's light show, Odyssey's brakes have readers worried

Q: We bought a 2010 Nissan Rogue new in March 2010. The check engine light came on at 2,800 miles with code P0456 (fuel system small evaporator leak) at the end of July. I took it back to the dealer who claimed the gas cap was loose, tightened it, and reset the system. It has now happened a total of four times with the same code, basically every two to three weeks since July, each time claiming the pressure leak was due to a loose gas cap. The gas cap allegedly has been replaced during one of these trips. The dealership (a large one) is basically treating us like we are idiots not knowing how to put a cap back on, even though we had the car for almost five months before the problem started. I called the regional office for Nissan, and they are looking into it. Any suggestions? We love the car, but having to go back to the dealer every few weeks is getting real old. Does the Massachusetts Lemon Law cover this?

A: In this case, if you wanted to keep the car, I would suggest you seek another dealer of this Nissan to do the service necessary. You have a case for the Lemon Law in consideration that you have had the vehicle back three times for the same repair and the dealership has been unsuccessful. I would also ask that Nissan declare a trouble ticket number for this problem so that you may document it. Keep in mind if all the Nissans are doing this the Environmental Protection Agency would be getting involved.

Q: At 82,000 miles, my 2007 Honda Odyssey started to develop a sound upon application of my brakes that led me to believe my rotors were warped or uneven. Since they were the original brakes (I do a lot of highway driving), I wasn’t too surprised to learn that I needed new rotors. After new front rotors and pads were installed, everything was OK for three or four weeks. After that, the “warped” sound returned again; shortly thereafter, pulsation of my steering wheel upon braking started. The garage said that sometimes new rotors have to be turned (I had never heard of such a thing), and once again the problem was gone for a few weeks. When the problem returned again, I insisted on new rotors, which they put on the vehicle, still under warranty. I just arrived at the in-laws after an 800-mile drive and now the pulsation of my steering wheel (not brake pedal) is incredible. The rear brakes are still original. Is it possible that something else is going on? Could they be incorrectly installing brakes? Is there something else that could be causing the pulsation?

A: I am unsure of what brand and brake quality parts are being used on your car. I can tell you with all certainty that the parts from NAPA that we use in our shop each and every day never give us the problems that you speak of. Other brands that we have tried have given us all the same problems that you describe. Before replacing brake parts, however, you want to check for sticking calipers, frozen slides or collapsed brake hoses.

Car Care Tip: If you are warming up your car before winter driving, take care that the car is in an open-air environment. The exhaust emissions, under the wrong circumstances, will kill you.

• • •

Larry Rubenstein is a master technician who owns a North Shore service station. His column appears every Saturday. Write to Larry at The Salem News, c/o Auto Scanner, 32 Dunham Road, Beverly, MA 01915, or send e-mail to scan auto@aol.com.

Lease Cars Covered Under Ohio Lemon Law

A local woman leases a vehicle from a dealership and gets a mountain of problems.

Mary Jean Ferrari leased a new Volkswagen Jetta in 2009.

After driving the car a few months, she started to see problems with the air conditioner.

She took it to the dealership where they could not find any problems.

Then, a few months later, the clutch completely went out on the car while she was driving on the freeway.

No one was hurt, and the car again was taken back to the dealership.

Because of the nature of the repair, a district manager from VW was called in.

 “Why would they send a district manager if it was just a simple thing like, ‘Oh, it’s an old clutch. It has to be repaired. This broke, literally … it broke,” Ferrari said.

After repairs were finished on the clutch, a diagnostic test was done. A problem was discovered with the air conditioner. That problem also was fixed.

Ferrari, feeling the car was now unsafe, wanted to return the Jetta.  

She asked the dealership and was told there was not much they could do and that she needed to contact VW leasing.

She called VW Financial and was told all they could do was give her one month off her lease payment but she would have to keep the car.

“I am not looking for any money. I am not looking for a brand new car. I just want to return this car,” explained Ferrari.

According to the Attorney General’s office, lease vehicles are covered under the Lemon Law in Ohio.

“But the coverage of the Lemon Law is for the first 12 months of the car’s life and/or the first 18,000 miles,” stated Ohio Attorney General Richard Cordray.

Ferrari says she will be filing a claim with the Attorney General’s office since her problems started 11 months into her lease.

“I just feel on a brand new car this should not be happening,” Ferrari said.

NBC 4 also called the dealership about this situation, and they said they would talk to Ferrari again to see if they could help further.

If you want to start a claim with the Attorney General’s office, you can call them at 800-282-0515 or go http://www.ohioattorneygeneral.gov/.

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