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Kimmel & Silverman (Lemon Law Lawyers)

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Old 07-19-04, 02:04 PM
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geewiss
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Default Kimmel & Silverman (Lemon Law Lawyers)

For those of you that have pursed lemon law claims, has anyone contacted Kimmel & Silverman. Anyone heard of these lawyers?

www.lemonlaw.com/index.html
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Old 07-20-04, 05:53 AM
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Lexus does not make Lemons, some of the owners are way over analyzing the GX470 and for Lexus to turn around and buy it back or switch it with a new one is not only bending over backward but to some degree getting sodomized with a rusty pipe, this company is really tryin to hard to keep it's name perfect and they should stop tryin to make everyone happy, go check out a Lincoln Naviagtor Forum, owners are on their 3rd truck, 1st 2 where lemons and now their fed up so their just waiting until they can dump the truck and go pick up a GX470 or a V8 4Runner, amazing hom many times Toyota vehilces come up in a discussion over their.

My 4Runner has had every issue or problem, depending how you look at it that was posted in this forum, they have either been fixed within the 1st 8000 miles or vanished on their own, which is common during the breakin period, give or take the 1st year 12-15k miles.

This GX forum does not portray a good image for the GX cause all their is are post about my Lemon, my early production 4Runner was rock solid and I intend to buy another V8 4Runner or GX, an 05 with VVTi and why would I do that if ToyLex was pumping out Lemons

Their machines being mass produced, these trucks are perfect compared to what Nissan has got coming out of the Canton plant
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Old 07-20-04, 06:46 AM
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Originally posted by EDGE2
Lexus does not make Lemons, some of the owners are way over analyzing the GX470 and for Lexus to turn around and buy it back or switch it with a new one is not only bending over backward but to some degree getting sodomized with a rusty pipe, this company is really tryin to hard to keep it's name perfect and they should stop tryin to make everyone happy, go check out a Lincoln Naviagtor Forum, owners are on their 3rd truck, 1st 2 where lemons and now their fed up so their just waiting until they can dump the truck and go pick up a GX470 or a V8 4Runner, amazing hom many times Toyota vehilces come up in a discussion over their.

My 4Runner has had every issue or problem, depending how you look at it that was posted in this forum, they have either been fixed within the 1st 8000 miles or vanished on their own, which is common during the breakin period, give or take the 1st year 12-15k miles.

This GX forum does not portray a good image for the GX cause all their is are post about my Lemon, my early production 4Runner was rock solid and I intend to buy another V8 4Runner or GX, an 05 with VVTi and why would I do that if ToyLex was pumping out Lemons

Their machines being mass produced, these trucks are perfect compared to what Nissan has got coming out of the Canton plant
I DON'T THINK YOU ARE IN ANY POSITION TO BE PASSING JUDGEMENT ON OWNERS WHO ARE EXPERIENCING PROBLEMS WITH THEIR GX470. ALTHOUGH I AGREE THAT LEXUS MAKES GOOD CARS, THEY ARE ADMITTING TO ISSUES WITH THE EARLY PRODUCTION OF THE GX470 -- THAT IS APPARENT BY THE # OF TSB'S. MOST OF THESE COMPLAINS RELATED TO THE GX470 COME FROM OWNERS THAT HAVE A 2003 AND EARLY 2004 PRODUCTION RELEASE. I DON'T MEAN TO SOUND HARSH BUT, IN MY OPINION, YOUR POST HOLDS NO CREDIANCE IF YOU DON'T OWN A GX470 THAT HAS PROBLEMS.
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Old 07-20-04, 07:13 AM
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you quoted me and on the same page and right below me and do me a favor newbie shut off the caplocks and go back to the townhall at edmunds with the MIT grads who don't even own the cars they post about, Im not here to post about problems Im here cause I can't stand the 40 threads all releated to the likely hood of it maybe being a lemon and what I gotta do to get Lexus to buy it back, does noone know how to use the search, at least I own a freakin V8 4Runner which happens to have identical TSB as the GX, throw out a problem I probably had it.

but for real tell me your real problem in short you bought a Lexus so you probably have some sort of money,take the hit and trade it and take the lose, if your not happy do away with the problem
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Old 07-20-04, 08:57 AM
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Thumbs up

RAINMN60, Exactly , 2 for2 is not bad that is batting about 200% failure, ROTFFLMAO
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Old 07-20-04, 09:42 AM
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Originally posted by EDGE2
you quoted me and on the same page and right below me and do me a favor newbie shut off the caplocks and go back to the townhall at edmunds with the MIT grads who don't even own the cars they post about, Im not here to post about problems Im here cause I can't stand the 40 threads all releated to the likely hood of it maybe being a lemon and what I gotta do to get Lexus to buy it back, does noone know how to use the search, at least I own a freakin V8 4Runner which happens to have identical TSB as the GX, throw out a problem I probably had it.

but for real tell me your real problem in short you bought a Lexus so you probably have some sort of money,take the hit and trade it and take the lose, if your not happy do away with the problem
So your saying just because one has money, they should take it in the *ss because they can afford too?

I have lemon lawed two vehicles, a Corvette Z06 and a Dodge Dakota (I won both cases fully),and would not hesitate to do it again if the GX470 had the issues some are having.

You represent 1 person out of thousands who have bought a GX. I don't think it is ok for you to go
mid-evil on this person because they haven't been on this forum for very long. Get off your high horse and act like a mature adult.

Everybody has a right to be here and post their issues. There is no membership fee here.

GEEWISS: I would be happy to go over the highlights of my cases here if you have any questions.

Last edited by Cessna172; 07-20-04 at 09:45 AM.
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Old 07-20-04, 10:43 AM
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Cessna172
what you said is funny and you have a witty sence of humor, I don't debate or fight on the internet, I just post things on how I feel at the moment, I truly feel bad when people are posting on a forum cause they must be having problems and in noway meant to chase him away if he feels this is the only place he can come for help if their leading him around in circles at his dealer.

Im sorry if anyone took what I said as serious, I still stand by what I said but Im flexible so how serious was the Corvette, I've heard horror stoies about V8 Dakotas
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Old 07-20-04, 11:04 AM
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Originally posted by EDGE2
Cessna172
what you said is funny and you have a witty sence of humor, I don't debate or fight on the internet, I just post things on how I feel at the moment, I truly feel bad when people are posting on a forum cause they must be having problems and in noway meant to chase him away if he feels this is the only place he can come for help if their leading him around in circles at his dealer.

Im sorry if anyone took what I said as serious, I still stand by what I said but Im flexible so how serious was the Corvette, I've heard horror stoies about V8 Dakotas
Well, I guess I will take that as a compliment.

The Corvette was many many things, ranging from brake failure to clutch failure, to ABS issues. Very fun and fast car though, the Z06 especially, belongs on the track from day 1, can't excersise its limits on the street. The Dakota, was a single issue that they could not fix, it would stall going from reverse to drive. Dealer tried 4 times to fix and couldn't.

Have a great day
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Old 07-20-04, 12:44 PM
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Originally posted by Cessna172
So your saying just because one has money, they should take it in the *ss because they can afford too?

I have lemon lawed two vehicles, a Corvette Z06 and a Dodge Dakota (I won both cases fully),and would not hesitate to do it again if the GX470 had the issues some are having.

You represent 1 person out of thousands who have bought a GX. I don't think it is ok for you to go
mid-evil on this person because they haven't been on this forum for very long. Get off your high horse and act like a mature adult.

Everybody has a right to be here and post their issues. There is no membership fee here.

GEEWISS: I would be happy to go over the highlights of my cases here if you have any questions.
I am going to ignore the post from EDGE2 because IMO anyone buying a 50K+ vehicle should not have to go through any problems after all that is why one is paying that much for a vehicle.

But anyways, cessna I see you are from CA so I am sure that the lemon law differs but after you won the case how did it work? Did they give you blue book for the vehicle and take it back or did they just trade you up to the new year? Did you actually have to go to court? How hard was the process?

Thanks for keeping it real and staying on the topic of the post.
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Old 07-20-04, 01:15 PM
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Not answering the original question, but since the issue has been brought up... geewiss, I don't know all of the problems you have had and this is in general based on what problems I have seen people talk about on this forum...

It seems like claiming "lemon" on the GX is a bit extreme. Cessna172 said that the corvette had "brake failure to clutch failure, to ABS issues" and the dakota "would stall going from reverse to drive". These are definite lemon law cases.

Maybe it is just me, but some minor vibrations, squeeks and a thumping feeling, while definitely annoying and should be fixed, just don't seem to be at a lemon law level! Except in maybe a couple extreme cases I have not heard of, I don't see any serious complaints about safety features not functioning properly, the truck not starting or having it stall while driving, etc. Filing a lemon law claim for such minor issues seems to be an abuse of the system to me.
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Old 07-20-04, 01:16 PM
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Originally posted by geewiss
I am going to ignore the post from EDGE2 because IMO anyone buying a 50K+ vehicle should not have to go through any problems after all that is why one is paying that much for a vehicle.

But anyways, cessna I see you are from CA so I am sure that the lemon law differs but after you won the case how did it work? Did they give you blue book for the vehicle and take it back or did they just trade you up to the new year? Did you actually have to go to court? How hard was the process?

Thanks for keeping it real and staying on the topic of the post.
I did not have to go to court. I hired a Lemon Law Attorney, that I found online. All I had to do was to provide all invoices of repairs or repair attempts, copy of loan contract, registration, and a history log. Attorney fees in my case were a $1000 flat fee, and that was waived if I lost.

I'm sure laws vary from state to state, but look online and I'm sure you can find out what the laws are for your state.

On both cases, I received back all my payments, taxes, license fees, + they bought back the vehicle. After that they adjust that amount with the mileage off-set and the $1000 attorney retainer fee. So basicly it is like you have rented the car for free.

The nice thing about hiring a Lemon Law Attorney (at least in California) is that they don't get paid unless they win, so most will not accept a case unless they know that there is a 90% chance of winning.

The Lemon Law, or as it's legally known, "The Song & Beverly Act", is one of the most consumer friendly laws there is for protecting consumers.

There are other options that are your choice, like accepting a swap for a new same make and model with all your prior payments, taxes, license, etc. going towards the new one.

I recieved check for appro. $20K after all was said and done from each case.

Also there is a misconception that the law only applies to cars with under a certain mileage, and to a certain extent that is true, but what they don't tell you is that if the problem started before that mileage/date restriction (and you have a dealer invoice receipt to prove it) then that rule does not apply.

Oh, another side note, you know that thing the you sign that is in every car contract (at least in California) that says you will go thru arbutration first if you have an issue with your car and the Mfg. won't help you? Well that is crap, I bypassed arbutration both times and went directly to an attorney.

My best advice for you is to keep all records and get Invoices (not just the work-orders that the dealer gives you BEFORE the work is done) , but the Invoices AFTER the repairs are done, also keep a log. I kept mine on Excel and logged mileage, problem, date, and dealer action.

Be forwarned though, most Service Managers know the Lemon Laws and if they see that you have been in for the same issue several times, some will do all they can to deny admitting there is an issue. Because you know who takes the hits on these lemon law cases, the dealers. So if you have to, deal with several dealers.

Some may say that this is borderline working the system, but if you have a real legitiment issue then consumers need all the ammo they can get.

Good Luck

Last edited by Cessna172; 07-20-04 at 01:21 PM.
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Old 07-20-04, 01:24 PM
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Thanks very much for the useful information, Cessna!!!!
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Old 07-20-04, 02:45 PM
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Originally posted by geewiss
I am going to ignore the post from EDGE2 because IMO anyone buying a 50K+ vehicle should not have to go through any problems after all that is why one is paying that much for a vehicle.
When you have some free time go over to freshalloy.com and read up on the QX56, some freakin unhappy customers with 55K vehicles.

So what problems are you having, is the dealer not willing to help you, most if not all of the problems I think have been fixed or have TSB, the thump fix is a new rear driveshaft, the sulfur smell is new cats, makes sure they don't order new old cats, you want new new cats do your seats squeak, they need grease, is the sunroof making noise, mine fixed itself, am I missing anything, the vibration went away on mine after 10k.

Amyways goodluck and a 50k purchase should be darn near perfect for the price
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Old 07-20-04, 05:50 PM
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Originally posted by genearch
[.Moderator Hat On]

Ok people, this is how it goes...

I see both sides of this, lets keep it civil. I'd prefer to not close this thread.

Nobody here likes "Lawyer talk" and IMHO the issues with the GX don't come anywhere near a
"lemon law" case.. not even close. I don't have the time right now, but there is certain criteria that must be met, I have yet to see thay type of situation.

I take offense to that, I like lawyer talk, in fact I love lawyer talk. I study law all the time. It is very fasinating.

And that is not true that there are not issues that qualify the GX to be a lemon. If I had the thumping driveline, I would be all over the lemon law. You bet I would be. That thing would be history doubletime.

The "Song & Beverly Act" does not say it has to be a safety issue to qualify. I know the laws, I went through it twice.

I really find it offensive (especially from a moderator) that one feels the need to think to know what it is like to walk in another man's shoes with regard to a problem one might be having with a particular vehicle.

[Ok rant off]

Now back to our regularly scheduled program....
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Old 07-20-04, 06:44 PM
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Nicely stated!

I had my GX in today for the driveshaft 'thump' issue again. They replaced the driveshaft on 6/30 and now the same problem (thump) is back. The district service rep came to the dealership and admitted that there was still a problem. They are going to replace the driveshaft AGAIN! I don't hold much hope that the driveshaft replacement is fixing the problem but I have no choice but to give them another chance. One more visit that will justify my Lemon Law case. I have been in contact with Lexus Customer Service and I'm of the belief that they won't allow it to become a Lemon Law case -- they'll buy the car back before that happens. If your thinking of pursuing the Lemon Law, I would make sure you explain your position to the Lexus Customer Service center. They do react and follow-up -- give it a try.

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