C. STEVEN MOSKOS, P.A.
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Did you Buy a New Ford and then Lose your Job?

7/20/2020

 
Recently, the Ford Motor Company launched a new program called the Ford Promise program. It is intended to help those people who purchased their new vehicle and then lost their job due to the coronavirus and the downturn of the nation’s economy.  It is also intended to reassure people who are considering the purchase of a new vehicle.

Anyone who purchased or leased a vehicle and financed it through Ford can now return their vehicle within the first year they own it if they lose their job.  The return must be made within thirty days of losing their income.  The program only covers personal vehicles not commercial or business ones.

Vehicles with model years 2019, 2020 and 2021 are eligible, and the vehicle can be used, new, or certified pre-owned.  This program is good for vehicles that are purchased through September 30, 2020. 

A value will be assigned to your vehicle using the National Automobile Dealers Association average trade-in value.  The amount you owe will be reduced by that amount, and Ford will waive up to another $15,000 of your loan.  If you owe more than that on your vehicle, you will be responsible for the rest of the loan.

You are also responsible for any late or deferred payments, and if there is any damage to the vehicle, you must pay for that.  Once all of the conditions of the program are met, the account is marked as closed and paid so no one needs to worry about a negative report in their credit report. 

The company states the program is to assure anyone considering a vehicle purchase but who is worried about the uncertain economy and possible job loss, that there is help available if they do lose their job. 

“We feel like right now, the economy is at the stage of recovery where people want things to be back to normal, they want to buy, but they’re still a little nervous about what the future holds,” says Mark LaNeve, vice president, U.S. marketing, sales and service. “We want them to know we understand that, and we’re here to support them in their buying decisions.”  (media.ford.com)

Do I Need a Lawyer if my Car is a Lemon?

6/28/2020

 
Anyone can end up with a new car that has constant problems.  A new car like this is known as a “lemon” car, and there are laws to protect consumers who may purchase one.  If you have one, you may be angry and not sure what to do first.  If contacting the dealer where you purchased the vehicle does not bring you the results you need, you should contact an attorney who specializes in the “lemon laws” of your state.  
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why you Need an Attorney

Just like other professions, attorneys often specialize in certain areas of the law.  When you begin your search, make sure you ask the lawyer how much experience they have with lemon laws.  If they don’t have much experience, you would be better off to search for another lawyer.  The laws can be confusing, and you need someone who is familiar with the law in your area to guide you through the process of getting your vehicle repaired or replaced.

To be considered a lemon, a new vehicle must have a defect that is covered by the manufacturer’s warranty that became known during a certain time frame or number of miles you have driven.  Every state has different lemon laws and different timelines which is why it’s important to contact an attorney as soon as possible after you start having problems with your new car as they are best able to guide you in the process.

If you are unlucky enough to purchase a new vehicle from a dealership that cannot repair your vehicle, an attorney can contact the dealer or manufacturer on your behalf.  Sometimes, a letter from an attorney is enough to force the dealer or manufacturer to discuss options with you, but this isn’t always the case.

Most manufacturers require you to go through non-binding arbitration first.  You and your attorney will have the opportunity to present your proof of attempted repairs and the time you were without your new car.  Once the arbitration board has heard your case, the manufacturer may make an offer.  You and your attorney can discuss whether to accept or decline the offer.
If you decide the offer is not satisfactory to you, your attorney can file a law suit against the manufacturer of your vehicle.  Your attorney can offer more of the evidence you have collected in court.  Always be sure to keep careful records of repairs that were completed on your vehicle and any discussions you have had with the dealer you purchased the car from.  All of this will be important in helping your lemon law attorney in building a strong case for your law suit.

While it may seem like this is a simple process that you can handle on your own, the complexity of lemon laws are very confusing to someone who isn’t experienced with the law.  You may miss an important detail or deadline that will prevent your car from being declared a lemon and repaired or replaced.  It would be best to let an experienced lemon law attorney handle the process for you so you get the best outcome for your situation.

 

Are Car Maintenance Plans Worth the Cost?

11/29/2019

 
​Buying a new car is an exciting time.  When you are sitting at the dealership, the salesman may try to offer you many other products for your vehicle and it is hard to make a quick decision on what you really need.  A car maintenance plan is an option that your salesman may try to convince you to purchase.

What is a Maintenance Plan?

If you are offered a vehicle service plan, ask for specifics about what that plan is.  Many dealers use that term for both extended warranties and car maintenance plans.

A car maintenance plan covers services that the vehicle’s manufacturer recommends be completed to keep the car running in optimum condition.  These things could be oil changes, filter replacements, and tire rotations.  Dealerships have learned that offering maintenance plans can be a very profitable revenue stream for their business.

​These plans are prepaid and can be very valuable to have, but you need to carefully consider what is covered and what you would pay out of pocket compared to the cost of the plan.  Always read all of the fine print details, and if you don’t understand the contract, consider having an attorney explain it to you.  

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The Positives of Purchasing a Plan

Dealerships rely on their service departments for a large part of their income.  By selling car maintenance plans, they are guaranteed that their department stays busy.  These plans are prepaid and often offer discounts on the services you will need.  Remember, though, that what sounds too good to be true often is, and you still need time to think about whether you actually need the maintenance plan.  Do not let a sales person talk you into something that may not fit your needs.
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For example, the average cost of an oil change in South Carolina is around $30.  Assuming you change your oil as recommended, or about every three months, that is $120 a year.  Tire rotations are about $40, and it needs done once a year.  Filter costs vary, but you may plan on about $100 for filters a year.  If this is your plan of maintenance, you will be paying about $260 a year in car maintenance.  (You also need to check your car’s owner’s manual for recommended maintenance.)  If you can get a car maintenance plan for less, it may be worth it.

The Negatives of Purchasing a Plan

Before you purchase a plan, carefully read your owner’s manual.  These can often be found online if the dealership doesn’t have one.  See what maintenance the manufacturer recommends.  Some dealers still use outdated information to try to convince customers to purchase the plans. 

An example of this would be that new vehicles require very little maintenance.  Many cars will go for more than 5,000 miles (instead of 3,000) between oil changes.  This reduces your out of pocket expenses.  Many manufacturers now state that your vehicle will only need significant servicing every 30,000 miles.  If you don’t drive much, a car maintenance plan is probably not a good option for you.

Also, once you purchase the plan, you will have no options about who services your car.  Unless you decide to pay out of pocket, you will have to take your car to the dealership for services.  If you aren’t happy with their service, you have no options.  Another thing to consider is that the things that do wear out quickly, such as wipers and brake pads, are not usually covered by maintenance plans.

​The dealership may also sell the plan according to their schedule of maintenance and not what is recommended by the manufacturer.  If you drive often in extreme heat or cold, oil changes may be recommended more often, but your dealership may not take these conditions into account, and you will have to pay for the oil changes yourself.

The Final Cost

​If you decide to purchase the car maintenance plan, be sure to pay for it in full and do not add it to the total of your car or you will be paying interest on the plan, just like the purchase price of the car.  To make the best informed decision, make sure to find out exactly what is covered and compare prices of those services to the total cost of the plan.

Why you should always test drive before you buy

3/11/2019

 
It might sound like a no-brainer to you: of course you should test drive a car before you buy it. You're likely spending thousands on one so you need to know what you're getting. But the shocking truth is that 11.4% of car buyers don't test drive their car before they drive off  the lot. There are several reasons why that's not a good idea.
 
It might be tempting to skip the part of a car purchase that involves talking to salespeople at the dealership, but it's just not a practical or financially sound decision because you can actually negotiate the price down based on what you learn. When you test drive a car, you can determine whether it's a smooth and comfortable ride. If you have a long commute, you don't want to spend a month's pay on a car only to find out that the driver's seat is extremely uncomfortable, your head hits the roof, and the windows don't block out any traffic sounds. 
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More importantly, test driving a car gives you the opportunity to make sure it runs smoothly. Does it accelerate and brake easily? Is the steering wheel easy to turn, or do you have to spin it around ten times just to make a slight right, which might be impractical if you need to do a lot of parallel street parking or three point turns in your neighborhood.
 
Even beyond these basics, which may not feel important to every driver, it's important to make sure every component of the car works correctly. Test driving a vehicle gives you the opportunity to check out the headlights, windshield wipers, radio, seat warmers, and any other feature that might be prone to malfunction. Once you've checked all of these things, the knowledge you gain will give you the upper hand when it comes to negotiating with salespeople.

 

Are car dealership special events really special?

3/4/2019

 
Every few months your local dealership probably hits you with wall-to-wall advertising about their latest holiday sales promotion. These ads are all over the TV, radio, billboards, and newspapers and pressure you into a purchase decision by making it seem like the offer is too good to last. The reality is that these deals are no better than a dealership's typical prices on any other day for the most part. 
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​In fact, a lot of dealerships use these holiday opportunities to hire marketing specialists who then help the dealer increase their profit. You might see advertising language that emphasizes financing options or add-ons like prepaid maintenance. Don't buy into the temptation because this is where dealerships make most of their money, and it's an easy way to get a consumer to pay more than they're willing to by making them feel like they're getting a great deal. For example, a dealership may offer something like "pre-delivery inspection," and they can make it seem like it's mandatory, but you can always opt out of paying these bogus charges.

So what should you keep in mind when buying a car?

  • Forget sales and financing offers. Always consider how much money is being added in interest and other fees when it comes to monthly payments.
  • Don't even look at monthly payments – always add up the long-term cost of the car and focus on that number as daunting as it may be. And if that number feels high, remember that monthly payments are designed to make a car seem cheaper than it really us.
  • And when you figure out what you can afford each month, do not forget to calculate your insurance and taxes you will have to pay, especially if your purchase is a newer model vehicle. ​
​To get a good deal on a car, a consumer needs to create their own list without a dealership's input. They should focus on cars known to be reliable, safe, and strong in road tests. It also helps to shop specifically for cars that carry high owner satisfaction rates and ones that don't depreciate quickly. 

Apple reports its first self-driving car crash. Are self-driving cars a bad idea?

2/19/2019

 
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Self-driving cars have been all over the news lately, especially because of the minor accidents some of them have experienced. But media coverage of these collisions is a bit sensational. For example, Apple’s first self-driving car crash was widely reported – but most headlines failed to note that Apple’s car was actually rear-ended by a human driver in another vehicle. In that instance, all the humans involved were okay, though the cars did suffer some slight damage.
 
Critics of autonomous cars might point out that the Apple vehicle, a modified Lexus, was traveling less than one mile per hour to merge when it was rear-ended at about fifteen miles per hour.. One of the major concerns people have voiced about these cars is that they tend to drive too cautiously in their attempts to stay safe. For example, they tend to stop abruptly when they think humans might appear, which can lead to rear-end collisions, as aggressive drivers aren’t used to that kind of defensive behavior.
 
On the other hand, the cars do set a good example, and perhaps it’s better that human drivers learn to accommodate overly-cautious vehicles. After all, most car accidents aren’t caused by drivers being too careful on the road. The biggest problem on the horizon for autonomous cars right now is going to be the fact that they have to drive alongside human-operated cars, which come with their own slew of variables. While both are on the road, there are bound to be accidents.
 
With that said, Apple’s self-driving program consists of 66 cars on the roads, with 111 drivers registered to operate them. One accident involving one autonomous vehicle out of countless driving hours is a pretty good track record, all things considered. The average number of car accidents in one year in the United States is six million, and that’s with more than 250 million vehicles on the road, driven by people who are all tired, overworked, distracted, and even intoxicated. As long as an autonomous car can’t get drunk or answer a text while driving, they’ll likely be a much safer mode of transportation.

 

Consumer Reports Issued a List of Must-have Car Features

2/12/2019

 
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If you’re in the market for a new car, it can be hard to choose exactly what you need in a ride. There are so many different makes, models, and years to examine, and each vehicle has its own unique set of features – plus, your needs will vary depending on where you live and whether you have a big family. Most of the time, you’ll have to prioritize which features you consider essential, versus the ones that would just be pretty nice to have.
 
According to Consumer Reports, there are eight features you absolutely need to have in your car. Unsurprisingly, most of them are safety features – after all, safety comes first. The most important feature on their list is automatic emergency braking, which can soften the impact of a collision or even prevent it. They also suggest looking for forward-collision warning (those little alerts that let you know when your car is about to bump into something) and blind-spot warning (so you don’t accidentally sideswipe anyone while changing lanes). They also suggest getting  a vehicle that offers lane-keeping assist, which can track lane markings on the road and provide corrective steering if a driver changes lanes without activating the turn signal.
 
Not everything about a new car has to be practical though. You could also invest in convenience features like a nice audio system with physical knobs, mirrors that automatically adjust for bright lights in the rearview, and a greater range of driver’s seat back support adjustments. While these things may not help prevent a car accident, they’ll help you fight fatigue and discomfort while driving for long periods.
 
There are some features you should definitely skip, and they’re the ones the dealership will try to upsell. Don’t pay extra for bigger wheels – they’re so expensive to replace, and they’ll give you a stiff ride. Also, avoid built-in navigation systems. These can come at a cost, but they don’t really offer anything you don’t already have on your smartphone. A lot of parents may be tempted to invest in features for the kids like rear entertainment units, but in today’s world, it’s easier to just get them a tablet for lengthy trips. 


Is A Voice-Controlled Co-driver Right for You?

8/10/2018

 
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Voice-controlled co-drivers are the latest innovation to hit the auto market in response to voice automated technology. An interactive voice-controlled co-driver can set GPS directions, locate the nearest coffee shop or other restaurant choice, pinpoint the next rest area, and much more.

​Similar to Amazon's Alexa, these features give you the convenience of a smart phone without having to touch or look at a screen. Since the Insurance Institute for Highway Safety, Highway Loss Data Institute (IIHS) states 94 percent of car crashes are caused by distracted driving, a voice-controlled assistant sounds perfect. But there are a couple of instances where you might want to reconsider this feature, or, at the very least, be prepared to overcome some challenges.

If you're not technologically savvy, this may not be for you. You have to program the feature before you start, and there is a learning curve. If you have difficulty with Alexa or other voice-activated features around your house, you might want to reconsider utilizing the voice control feature.

If you have a thick accent, you may have to forego a voice-controlled co-driver. While the units are programmed to understand over a hundred languages, if you speak English as a second or third language, the system may not be able to recognize your accent. The same goes for rural or regional accents which would cause you to be misunderstood. The frustration might be more time-consuming than it’s worth.

But if you fall into one of these categories and love the idea of voice control, you don't have to discard the idea of a co-driver altogether. Improvements are being made every year, and you can take steps to embrace this new technology. In the meantime, if you’re determined to use this feature now, you can always ask your dealer or a friend to help you set up your system, and you can ask your car dealer to let you try a system to see if it understands your accent. This will enable you to make a better purchase.

It's estimated 67 million voice-assisted devices will be in use in the United States alone by 2019. So despite some obstacles, you can still let your voice be heard.

The Top 5 safest cars and why

6/4/2018

 
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When ranking cars for safety, the advantage goes to those who enjoy a higher income because the safest cars are ranked as luxury vehicles. This conclusion was reached by US News and World Report when they combined the Insurance Institute for Highway Safety’s rankings for vehicles by size in their tests for and the test crashes from the National Highway Traffic Safety Administration (NHTSA). The following list is two parts: the safest cars in each category as well as the safest new cars on the road.

From IIHS Safety Ratings:
  • Small cars: 2018 Chevrolet Volt with optional front crash prevention
  • Midsize cars: 2018 Honda Accord with specific headlights
  • Large cars: 2018 Kia Cadenza with optional front crash prevention and specific headlights
  • Small SUVs: 2018 Honda CR-V with optional front crash prevention and specific headlights
  • Midsize SUVs: 2018 Honda Pilot with optional front crash prevention and specific headlights

From US News and World Report's combined IIHS and NHSTA Rankings:
  • 2018 Genesis G80 Hyundai midsize sedan
  • 2018 Genesis G90 Hyundai luxury sedan
  • 2018 Lincoln Continental all-wheel-drive large sedan
  • 2018 Mercedes-Benz E-Class luxury midsize car
  • 2018 Santa Fe / Santa Fe Sport Hyundai SUV

How does this help you if you're in the market for a new car or SUV? It gives you some guidelines of what to look for in regards to vehicle safety. If you can afford a luxury vehicle, check the safety ratings before choosing a vehicle on looks and amenities alone. The same goes if you can't afford to pay over $40,000 for a new car. Don't buy just because of dealer incentives or gas economy. Investigate the overall safety features as well as the national test rankings when you're choosing your new vehicle to ensure you have the safest ride possible.

Podcast Guest/The Car Chick

5/24/2018

 
I was a guest on the podcast by The Car Chick (which is all about car knowledge for women and smart men) recently where we talked about the lemon law, what it means, and more. You can find more podcasts and much more information at www.whoisthecarchick.com. 
​

Why driverless cars won't necessarily mean no more lawsuits

5/20/2018

 
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riverless cars, which are technically known as autonomous vehicles, are getting more attention
as the first vehicular accidents occur. While recent accidents are either still under investigation or have been settled out of court, the question arises: will driverless cars put an end to lawsuits?

First of all, current autonomous technology isn't really driverless as the driver is required to monitor the road and keep his hands on the wheel in order to take over control if and when directed. Secondly, true vehicle automation is projected to take another ten years of technological advances so, at this point, answers in regards to litigation are speculative.

That being said, in the past decade Google has logged over 500,000 miles on their “driverless” vehicles without a single accident so part of the answer may be in preventive driver training before vehicle purchase. The National Highway Traffic Safety Administration (NHTSA states a full 94 percent of accidents are due to driver error so autonomous vehicles should sharply reduce the number of crashes and corresponding lawsuits. In fact, it already has, in the form of anti-lock brakes, electronic stability control systems, and voice-controlled GPS systems.

More than likely the legal system regarding vehicular accidents will evolve with the self-driving industry. Rather than liability being placed solely on the driver there will inevitably be some crashes attributed to the vehicle control system. In those cases, product liability laws, the legal framework used to determine if a defective product caused damages, may provide the basis for seeking legal remedy for property damages, personal injuries, and deaths from driverless car crashes.

Read Your Paperwork

1/8/2016

 
In November, News2 investigated when customers said they were tricked into buying lemon cars. You can read the full story here. 
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When you are attempting to buy a car, remember to read the paperwork before you sign it.  Even if you are in a rush, slow down and read what you are signing.  The dealership’s paperwork is designed to help the dealership if you complain not you, and the Court might not help you if you don’t at least read what you are signing. 

Hey, You Wanna Make some money?

2/24/2015

 
Maybe the question is, do you feel lucky?  Land Rovers are big sellers over seas.  Some entrepreneurs have tried to capitalize on that.  They buy Land Rovers, Defenders seem to be a favorite, and then they try to export these luxury cars to China.  The only problem is manufacturers forbid their dealers from exporting cars.  Dealers caught exporting cars may be penalized monetarily, lose future inventory, and may even have their franchise terminated.  Sometimes individuals try to buy these cars and export them overseas.  This opens them up to being arrested by the Secret Service or customs agents.  

Entrepreneurs want to make money so they have been known to call people, even those half way across the country, and offer them money if they would buy these luxury cars.  Many times the people approached live paycheck to paycheck or don’t even have jobs.  They walk into a dealership and pay cash for the car.  The DMV paper work goes through.  Then they sign papers selling the car to the exporter who gave them the money in the first place. You would think that, now that it is a used car, the exporter would be free to do what he wants.  Not so fast.  You still have to comply with the law. If the government thinks the car is being exported improperly, it is going to go after everyone in the chain of title.  In fact, the government has been cracking down on exporters, but, the results are not stellar.  The ultimate question is, do you feel lucky?  Well do ya?

What's the Frequency, Kenneth? 

1/19/2015

 
I hear plenty of different stories about lemon cars and trucks, but most are very similar. I heard something new the other day.  My client says the digital dashboard in his 2013 Chevy Malibu goes dark, the gauges go to zero, and the radio screen cuts off.  Okay, this is not really different than lots of my other lemon car cases.  During our conversation, though, he says the dealer told him that his pacemaker may be interfering with the car’s electronic system. 

Say what? You have got to be kidding. 

Then it occurred to me. Lots of people who have pacemakers drive.  What if this were true?  That would mean there is the possibility that a lot of cars could have lots of electrical problems while being driven down the street and we have all heard about the GM ignition cases. (Read here and here for more information.) where the car cuts off leaving the driver without any steering or brakes.  I can tell you I don’t want to be next to someone whose pacemaker causes his car to cut off.    

Anyway, I looked online. Apparently, the concern is not with the pacemaker affecting the car.  It is the car affecting the pacemaker. (Is one problem better than the other?)  The “smart keys” used by some newer cars transmit signals between 119 and 135 kHz with a relatively low power. If the key is close enough to the pacemaker, it might interfere with the pacemaker signal.  Some pacemaker companies recommend you keep your smart key 9" to 24" inches away from a pacemaker.  If you have a pacemaker, you might want to check with your doctor and the pacemaker company to determine if there is any real concern about being in a digital car. 

Can I return it within 72 hours?

12/5/2014

 
One of the most frequently asked questions I receive is whether a person may return a car to a dealership within seventy-two hours after buying it.  As a general rule, once you sign a contract to buy a car, you can’t simply return it because you don’t like it. 

The law in South Carolina is very simple.  If you sign the paperwork, you are deemed to have read all of the terms, understood all of the terms, and agreed to all of the terms.  Therefore, as a general rule, the courts will hold you to all of the terms, and you will be responsible for paying for the car. 

You might have heard you had three days to cancel any contract. Let me clear up the confusion. There is a seventy-two hour “RIGHT TO CANCEL” on second mortgages and home solicitations like door-to-door magazine sales. This right does not exist regarding car sales. 

 Some people feel the dealership should accept the return of the automobile much like a store accepts the return of a shirt or jacket.  The difference is that the store accepts the returned merchandise to create good will between it and the customer, i.e. the customer is always right.  Since people only buy a car every three to four years, many dealerships do not feel inclined to operate under the same principle. 

This does not mean that you do not have any rights to return a defective car.  It simply means that, on most occasions, you are not going to be able to sign a contract for a car, take it home, decide you don’t want it and then get your money back.

The lesson here is to make an informed decision before you buy your car.  Do all of your homework first. Know what kind of car you’re looking for, what the rates are, and what your credit score is. Then read the entire contract before you sign any paperwork.  Don’t rely upon the salesman or sales manager to explain “the important parts” to you. The entire contract is important. Remember the adage “forewarned is forearmed” because if you sign a contract to purchase a car and then realize later you’ve don’t like what you bought, there may be little you can do to correct it.


    Top Read Posts

    • Can I return a car within 72 hours? 
    • If a car I buy is defective, can I return it within 72 hours? 
    • Does Carfax tell me everything I need to know before I buy a car? 

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