Pennsylvania Lemon Law Firms:
This is a list of law firms that are registered as specializing in Pennsylvania lemon law cases.

Pennsylvania Statutes Annotated, Title 73, §§ 1951-1963

1951 Short title.

This act shall be known and may be cited as the Automobile Lemon Law.

1952 Definitions.

The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Dealer" or "motor vehicle dealer."

A person in the business of buying, selling or exchanging vehicles.

"Manufacturer."

Any person engaged in the business of constructing or assembling new and unused motor vehicles or engaged in the business of importing new and unused motor vehicles into the United States for the purpose of selling or distributing new and unused motor vehicles to motor vehicle dealers in this Commonwealth.

"Manufacturer's express warranty" or "warranty."

The written warranty of the manufacturer of a new automobile of its condition and fitness for use, including any terms or conditions precedent to the enforcement of obligations under the warranty.

"New motor vehicle."

Any new and unused self-propelled, motorized conveyance driven upon public roads, streets or highways which is designed to transport not more than 15 persons, which was purchased and is registered in the Commonwealth and is used or bought for use primarily for personal, family or household purposes, including a vehicle used by a manufacturer or dealer as a demonstrator or dealer car prior to its sale. The term does not include motorcycles, motor homes or off-road vehicles.

"Nonconformity."

A defect or condition which substantially impairs the use, value or safety of a new motor vehicle and does not conform to the manufacturer's express warranty.

"Purchaser."

A person, or his successors or assigns, who has obtained ownership of a new motor vehicle by transfer or purchase or who has entered into an agreement or contract for the purchase of a new motor vehicle which is used or bought for use primarily for personal, family or household purposes.

1953 Disclosure.

The Attorney General shall prepare and publish in the Pennsylvania Bulletin a statement which explains a purchaser's rights under this law. Manufacturers shall provide to each purchaser at the time of original purchase of a new motor vehicle a written statement containing a copy of the Attorney General's statement and a listing of zone offices, with addresses and phone numbers, which can be contacted by the purchaser for the purpose of securing the remedies provided for in this act.

1954 Repair obligations.

(a) Repairs required. The manufacturer of a new motor vehicle sold and registered in the Commonwealth shall repair or correct, at no cost to the purchaser, a nonconformity which substantially impairs the use, value or safety of said motor vehicle which may occur within a period of one year following the actual delivery of the vehicle to the purchaser, within the first 12,000 miles of use or during the term of the warranty, whichever may first occur.

(b) Delivery of vehicle. It shall be the duty of the purchaser to deliver the nonconforming vehicle to the manufacturer's authorized service and repair facility within the Commonwealth, unless, due to reasons of size and weight or method of attachment or method of installation or nature of the nonconformity, such delivery cannot reasonably be accomplished. Should the purchaser be unable to effect return of the nonconforming vehicle, he shall notify the manufacturer or its authorized service and repair facility. Written notice of nonconformity to the manufacturer or its authorized service and repair facility shall constitute return of the vehicle when [the] purchaser is unable to return the vehicle due to the nonconformity. Upon receipt of such notice of nonconformity, the manufacturer shall, at its option, service or repair the vehicle at the location of nonconformity or pick up the vehicle for service and repair or arrange for transporting the vehicle to its authorized service and repair facility. All costs of transporting the vehicle when [the] purchaser is unable to effect return, due to nonconformity, shall be at the manufacturer's expense.

1955 Manufacturer's duty for refund or replacement.

If the manufacturer fails to repair or correct a nonconformity after a reasonable number of attempts, the manufacturer shall, at the option of the purchaser, replace the motor vehicle with a comparable motor vehicle of equal value or accept return of the vehicle from the purchaser and refund to the purchaser the full purchase price, including all collateral charges, less a reasonable allowance for the purchaser's use of the vehicle not exceeding the per mile driven or 10% of the purchase price of the vehicle whichever is less. Refunds shall be made to the purchaser and lien holder, if any, as their interests may appear. A reasonable allowance for use shall be that amount directly attributable to use by the purchaser prior to his first report of the nonconformity to the manufacturer. In the event the consumer elects a refund, payment shall be made within 30 days of such election. A consumer shall not be entitled to a refund or replacement if the nonconformity does not substantially impair the use, value or safety of the vehicle or the nonconformity is the result of abuse, neglect or modification or alteration of the motor vehicle by the purchaser.

1956 Presumption of a reasonable number of attempts.

It shall be presumed that a reasonable number of attempts have been undertaken to repair or correct a nonconformity if:

1. the same nonconformity has been subject to repair three times by the manufacturer, its agents or authorized dealers and the nonconformity still exists; or

2. the vehicle is out-of-service by reason of any nonconformity for a cumulative total of 30 or more calendar days.

1957 Itemized statement required.

The manufacturer or dealer shall provide to the purchaser each time the purchaser's vehicle is returned from being serviced or repaired a fully itemized statement indicating all work performed on said vehicle including, but not limited to, parts and labor. It shall be the duty of a dealer to notify the manufacturer of the existence of a nonconformity within seven days of the delivery by a purchaser of a vehicle subject to a nonconformity when it is delivered to the same dealer for the second time for repair of the same nonconformity. The notification shall be by certified mail, return receipt requested.

1958 Civil cause of action.

Any purchaser of a new motor vehicle who suffers any loss due to nonconformity of such vehicle as a result of the manufacturer's failure to comply with this act may bring a civil action in a court of common pleas and, in addition to other relief, shall be entitled to recover reasonable attorney's fees and all court costs.

1959 Informal dispute settlement procedure.

If the manufacturer has established an informal dispute settlement procedure which complies with the provisions of 16 CFR Pt. 703, as from time to time amended, the provisions of section 8 shall not apply to any purchaser who has not first resorted to such procedure as it relates to a remedy for defects or conditions affecting the substantial use, value or safety of the vehicle. The informal dispute settlement procedure shall not be binding on the purchaser and, in lieu of such settlement, the purchaser may pursue a remedy under section 8.

1960 Resale of returned motor vehicle.

(a) Vehicles may not be resold.-If a motor vehicle has been returned under the provisions of this act or a similar statute of another state, it may not be resold in this State unless:

1. The manufacturer provides the same express warranty it provided to the original purchaser, except that the term of the warranty need only last for 12,000 miles or 12 months after the date of resale, whichever is earlier.

2. The manufacturer provides the consumer with a written statement on a separate piece of paper, in ten point all capital type, in substantially the following form:

"IMPORTANT: THIS VEHICLE WAS RETURNED TO THE MANUFACTURER BECAUSE IT DID NOT CONFORM TO THE MANUFACTURER'S EXPRESS WARRANTY AND THE NON-CONFORMITY WAS NOT CURED WITHIN A REASONABLE TIME AS PROVIDED BY PENNSYLVANIA LAW."

The provisions of this section apply to the resold motor vehicle for the full term of the warranty required under this subsection.

(b) Returned vehicles not to be resold.-Notwithstanding the provisions of subsection (a), if a new motor vehicle has been returned under the provisions of this act or a similar statute of another state because of a nonconformity resulting in a complete failure of the braking or steering system of the motor vehicle likely to cause death or serious bodily injury if the vehicle was driven, the motor vehicle may not be resold in this Commonwealth.

1961 Application of unfair trade act.

A violation of this act shall also be a violation of the act of December 17, 1968 (P.L. 1224, No. 387), known as the Unfair Trade Practices and Consumer Protection Law.

1962 Rights preserved.

Nothing in this act shall limit the purchaser from pursuing any other rights or remedies under any other law, contract or warranty.

1963 Nonwaiver of act.

The provisions of this act shall not be waived.

In simple terms, the Lemon Laws state that if you acquire (and in several states, lease) a brand new or pre-owned vehicle or other car with a warranty that proves to be defective, and the original maker just can't restore it despite recurring efforts (inside a limited time that differs from state to state), or if the automobile is out of service for a designated period (often 30 days) because of its shortcomings, you are qualified to a wide range of costs, inclusive of:

1. Monetary restitution
2. A payback of the original price
3. A new vehicle
Additionally, almost all of the Lemon Laws (as well as the Federal Warranty Law) contain a fee changing element that stipulates that if you win your case, the manufacturing business or dealership that sold you the lemon is required to pay your litigation invoices.


Lemon Law Statutes
State-specific Lemon Law Regulations
Each of the 50 states has its own Lemon Law statute. Even though the verbiage of each state's statute differ, the common state Lemon Law statute provides assistance to a consumer with a dilapidated automobile sold with a warranty if:

1. The car dealership or manufacturing business can't reliably remedy a specific deficiency in the vehicle after a fair number of repair efforts (usually at least three);
2. The vehicle can't be used for at least 30 days due to defects in the vehicle; or
3. The car dealership or manufacturing business can't correct a defect that is a threatening safety risk.

In general, a bad automobile is a automobile with a defect or affliction that often impairs its function, economic value, or safety to the consumer and doesn't conform to the written warranty. Frequently, the time period during which the Lemon Laws are applicable are relatively short; the problems and resultant repair attempts (or out-of-service period) typically must occur during the first two-years or 24,000 miles in which the purchaser owns the car. However, a number of states have even shorter periods. In addition, most states have notification and trigger prerequisites, such as asking the consumer to send off registered mail notice to the original equipment manufacturer of the flaws and affording the car dealership a period to remedy the motor vehicle. Also, many states require that Lemon Law lawsuits be settled through an arbitration program.

Generally, state Lemon Law statues also apply to leased vehicles and used vehicles purchased whilst under the manufacturing business* factory warranty. A good number of state Lemon Laws also are applicable to cars other than passenger vehicles. depending upon the purchaser's home residence, or the state in which the consumer purchased the vehicle, Lemon Laws may be applicable to:

-RV's
-Motorcycles
-Boats
-Other consumer items (such as computers)
There are a number of powerful remedies available under the Lemon Laws. Often times, if the manufacturer just can't fix the vehicle, the consumer may either demand the manufacturer to replace the motor vehicle, or insist the manufacturer to take the motor vehicle and return the price paid including accompanying damages, like all charges, towing charges, repair charges, related travel costs and other charges incurred by the consumer as a consequence of the faults in the motor vehicle. Another important solution available under most Lemon Laws is legal expenses. In most states, if you prevail in a Lemon Law suit, you do not have to pay any attorneys' bills-the automobile manufacturing business that sold you your lemon is forced to pay your attorney's charges.

The defendant car manufacturing business can employ many defenses to a Lemon Law claim. The common regulation affords that the maker is not liable if it can show clearly that the problems in dispute happened due to malevolence, negligence, or the alteration or modification of a motor vehicle by anybody other than the maker, its agent, or its authorized dealer. In other words, if the consumer abuses his or her own car, or the troubles were the fault of tampering or adjustments conducted by an unauthorized dealer, the maker might not be guilty.


Federal Lemon Law Statutes
The Magnuson Moss Act
The Magnuson-Moss Warranty Act is the federal law that governs consumer product warranties. Passed by Congress in 1975, the Magnuson Moss Act requires manufacturers and marketers of consumer products to provide consumers itemized data about warranty coverage claims. Also, it determines both the rights of customers and the responsibilities of warrantors under manufacturer warranties.

Even though the Magnuson Moss Act does not demand an auto manufacturing business to provide purchasers with a warranty, if a warranty is supplied, the Magnuson Moss Act affords numerous protections for the consumer. The Magnuson Moss Act makes it easier for purchasers to sue for breach of warranty by making breach of warranty a violation of federal law, and by allowing customers to recuperate litigation charges and fair attorney's fees.

The Magnuson Moss Act is frequently valuable in a lemon suit in which, for some reason, a state Lemon Law claim is not applicable or moreover unfit. For example, contrary to the rather short period offered to public consumers with almost all Lemon Laws, you could bring a claim for breach of warranty after the warranty period has expired as long as the defects occurred during the warranty time period. Moreover, although some Lemon Laws limit their coverage to a narrow number of cars, the Magnuson Moss Act applies to virtually all consumer products. The Magnuson Moss Act could also apply if you bought or leased a expended automobile without a manufacturer's warranty, or if the automobile is covered by a service contract or other type of extended warranty.


The Uniform Commercial Code
The Uniform Commercial Code (referred to as "UCC") has been enacted in all 50 US States. It is the principal basis of law governing contracts dealing with the sale of products, including vehicles and other items. The UCC provides a legal avenue for consumers with lemon troubles.

UCC code stipulates that the consumer of a product is entitled to return products which fail in any respect to the warranty. In essence, if your recently purchased car doesn't function as pledged by the original equipment manufacturer (your manufacturer warranty is part of your contract), you may file a claim citing the UCC in addition to any additional claims you may have.

The time for bringing back a motor vehicle with the UCC is not limitless. If you identify a fault in your motor vehicle within a fair ownership time period, you can take back the motor vehicle. Unfortunately, brand new vehicles can be typically mechanically complicated and you might not acknowledge whether your item conforms to the consumer agreement until after you buy the item and problems begin to develop. In essence, if After this ownership time you do not take back the item, you will be deemed to have accepted it and will have no claim through the UCC.

The length of the inspection period is not outlined in the regulation. Local courts decide how long the fair inspection period is based on the purchaser's proficiency and personal experience, the purchaser's difficulty in seeing the deficiency, and the purchaser's opportunity to come across the defect.

In spite of this limit, the UCC states that in certain instances where a consumer is pronounced to have approved of products (i.e. the fair inspection time period has elapsed), a consumer may still repeal his acceptation of those product where the non-conformity considerably impairs the value of the product to him. Those cases include situations in which it proves challenging to come across the nonconformity or the consumer was ensured that the non-conformity would be repaired. In other words, the court will relieve the consumer from not having rejected the product where the consumer could not have fairly done so, or where the manufacturer promised the buyer that the problems would be repaired.
When a auto excessively breaks down and you have to keep taking it back to the dealer for repair under the warranty, the car lemon law might be your next course. The defect should be substantial where it interferes with your driving the vehicle or your safety. A vehicle stalling often would be a substantial defect. This is precisely the type of problem that can hinder your driving and your safety. Under the vehicle lemon law you are not obligated to demonstrate why the automobile is stalling, you merely have to demonstrate that it is stalling. Thus you need to check over the lemon law in these 3 situations: the automobile keeps breaking down within the warranty period, the automobile is a safety risk, the car dealership is incapable to fix the automobile when it is guaranteed.

If you own a car which is a lemon you can directly write to the original producer and ask for a replacement car. If this request is not acceptable to the original producer, you can move into an arbitration process. A few manufacturing business* have their own arbitration program. Other manufacturing business* employ third party arbitration program such as Autoline by the BBB. The opinion of the arbitrators is binding on the original producer but not on the owner. If unsatisfied with the judgment, the owner can take the original producer to court.

Virtually all laws state that the owner must be returned back to the fiscal status they were in prior to purchasing the motor vehicle, less the measure that the owner gained from by using the motor vehicle. To get the restitution amount numerous elements are considered such as was it a sale or a lease, the purchase price, taxes and license, and mileage etc.
Some nearly new pre-owned vehicles might qualify under basic lemon laws. For example, a pre-owned automobile may fall under regular lemon laws if it is less than one year old and has less than 12,000 miles on the odometer. States which do have a used automobile lemon law will be additionally generous with the age and amount of mileage. Still, the car needs to be sold by a car dealership that extends a warranty. Private sales aren't governed, neither are cars sold under a declared original cost. There might be other restrictions to a used car lemon law such as the purposes in which the motor vehicle is utilized or the classification of motor vehicle. Vintage motor vehicles, are commonly excluded from pre-owned car lemon laws. Used car lemon laws commonly cover a much shorter period of time than new car laws. They frequently range from 30 to 90 days, depending on your used vehicle's mileage.
When choosing a lawyer for your lemon case, make sure that your lawyer is knowledgeable about the laws that apply to your state. Also enquire about the pricing system. Many lemon law attorneys demand a generally modest retainer to manage a lemon law claim, and thenceforth, the lawyer's bills are sent to the original maker. Basically, lemon law claims are usually very affordable to consumers. The reimbursement of attorney expenses varies from state to state. About one-half of the states allow for you to recuperate your Attorney fees if you win. The lawyer's fee is based on actual time spent rather than being connected to any other percent of the recovery. In a select few States, you have to pay the manufacturing business* attorney's invoices if you lose.

Consumers should register their complaints in writing and hold a copy. In every written communication, always describe how taxing it is to return the auto to the car dealership for work and that the reliability that the buyer believed She was acquiring has been non-existent. Any written communication with a dealer or original maker needs to be sent using certified mail. In most claims the manufacturing business* claim that they have not had the essential number of efforts to correct the problem. They depend on the fact that the buyer doesn't file repair orders for each time they have driven the auto into the authorized dealership. They also count on the fact that the repair orders have seperate items repaired every period demonstrating that they haven't repaired the same problem. Consumers ought to respond by expecting that authorized dealerships always hand them a warranty repair ticket. Consumers should also reason that these unwritten visits are attempts.

Make sure to be aware of your rights under the lemon laws. Upon purchase, immediately read your owner's folder and warranty references completely, and the info concerning lemon law rights which you should receive when you purchase your car. Don't rely on your dealership to explain what problems are covered by warranty. If your dealership states that a problem isn't covered and you think that he or she is purposely misleading you, be composed but surefooted. Don't be scared to point out the segment of the warranty that applies, or to call the manufacturer for verification using the contact info included with your owner's folder. You shouldn't have to pay for repairs linked to lemon law complaints. It's also important to advise the manufacturer of a complaint as soon as possible. If you are suspicious that your automobile has a condition which just can't be repaired, go over your lemon law rights to see when you are able to file a lemon law complaint.

Lemon Law Tips:

1. Take your car in early - as soon as something appears wrong.
2. Hold onto repair orders - Always obtain a work order when you take the vehicle for repairs, and always obtain a completed repair order when work is completed. Be sure the work order reflects your own thoughts and comments regarding your complaints. If the technician summarizes or changes your complaint too much, have that technician add your corrected comments. Sign and receive a copy of the repair Order before leaving.
3. Be consistent in your complaints. Lemon Laws generally require that a manufacturer's authorized repair facility be provided with a reasonable number of opportunities to repair the same problem(s). Therefore, be as consistent as possible on each repeated repair attempt in describing the problem(s) you are having. This will establish that the problem is the same recurring problem, and will make any potential lemon law claim easier to establish and prove.

4. Look for TSBs: Technical Service Bulletins are issued by manufacturers regarding common defects or repairs in certain automobile models. Your dealer will not seek to tell you about TSBs unless you ask. Ask the dealer to make note of your TSB request on the repair order, even if your dealer tells you that none exist for your problem.
5. Watch for bad advice - Dealers and manufacturers personnel, without intending to, frequently practice law by giving you their version of lemon laws. Typically it is wrong and may be detrimental to your case. It doesn't matter whether the reason for this misinformation is unintentional or not. The effect is similar. So check any advice given by the dealer or manufacturer before making any decision that may harm your case.

6. Beware of arbitration - Manufacturers frequently recommend arbitration or even imply that it is a mandatory prerequisite to resolving your problem. Arbitration is neither desirable nor mandatory! And it is absolutely not a prerequisite for making a lemon law demand!
Leading Misconceptions regarding the Lemon Laws

If my case does not qualify for the lemon law there is nothing I can do.
Attorneys regularly take cases that do not meet the lemon law criteria. All purchasers of defective products have a legal right to compensation. They frequently take cases which do meet the mileage or repair criteria of the lemon law, bring them in court, and secure compensation or other relief for the buyer.

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