Pennsylvania Lemon Law Firms:
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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.

Essentially, the Lemon Laws provide that if you buy (and in several states, lease) a new or pre-owned car or other car with a manufacturer's warranty that is found to be damaged after repeated repair attempts, and the manufacturer just can't fix it despite repeated efforts (inside a specified time limit that varies from state to state), or if the vehicle is out of service for a defined period of time (generally 30 days) because of its flaws, you are entitled to a broad number of abuses, including:

1. Monetary damages
2. A restitution of the original money paid
3. A new automobile
Furthermore, just about all of the Lemon Laws (as well as the Federal Warranty Law) contain a fee changing component that states that if you win your case, the original producer or car dealership which sold you the lemon is required to repay you for attorneys' fees.


Lemon Law Statutes
State Lemon Law Regulations
Each of the 50 states has a unique Lemon Law statute. Even though the protections of each state's statute differ, the conventional state Lemon Law statute offers relief to a consumer with a defective automobile sold with a warranty if:

1. The car dealership or original producer just can not completely repair a particular fault in the item after a fair number of repair efforts (usually at least three);
2. The motor vehicle cannot be used for at least 30 days due to flaws in the car; or
3. The dealership or original producer just can't repair a defect that is a important safety hazard.

In general, a bad car is a car with a condition or affliction that considerably cripples its drivability, marketability, or safety to the consumer and doesn't conform to the warranty. In most instances, the time period during which the Lemon Laws are applicable are rather short; the flaws and resultant repair attempts (or out-of-service period of time) generally must occur during the first 2-years or 24,000 miles that you own the motor vehicle. However, a number of states have even shorter time periods. Additionally, most states have notification and activation prerequisites, such as wanting the consumer to send off registered post notice to the manufacturing business of the shortcomings and establishing the dealership an option to correct the car. Moreover, some states demand that Lemon Law lawsuits be solved through an arbitration procedure.

Generally, state Lemon Law statues also are applicable to leased vehicles and preowned automobiles purchased whilst under the makers written warranty. A good number of state Lemon Laws also apply to automobiles other than passenger cars. based upon the buyer's home residence, or the state in which the consumer bought the motor vehicle, Lemon Laws may apply to:

-RV's
-Motorcycles
-Boats
-Other consumer goods (like televisions)
There are many robust solutions possible under the Lemon Laws. American States most instances, if the manufacturing business just can't fix the car, the consumer may either call for the manufacturing business to replace the automobile, or make the manufacturing business to take the automobile and return the purchase price along with accompanying costs, like all bills, towing fees, repair costs, alternative transportation charges and other costs incurred by the consumer as a result of the troubles in the automobile. Another important solution available under most Lemon Laws is laywers' expenses. In most states, if you win in a Lemon Law suit, you do not have to pay any litigation charges-the auto original maker that sold you your lemon is obligated to pay for your attorney's invoices.

The defendant auto original maker can implement many defenses to a Lemon Law claim. The typical regulation affords that the maker is not guilty if it can verify that the problems at issue came about because of misdeed, carelessness, or the tampering or alteration of a vehicle by a party other than the original producer, an agent, or an authorized repair facility. Put differently, if the consumer dismantles his or her own car, or the troubles were a consequence of changing or changes conducted by an unauthorized dealer, the original producer could not be responsible.


Federal Lemon Law Statutes
The Magnuson Moss Act
The Magnuson-Moss Warranty Act is the federal law that governs consumer merchandise warranties. Passed by Congress in 1975, the Magnuson Moss Act requires manufacturers and marketers of consumer items to provide customers itemized information about warranty coverage. Additionally, it infects both the rights of public consumers and the obligations of warrantors under manufacturer warranties.

Although the Magnuson Moss Act doesn't require an car maker to provide consumers with a warranty, if a warranty is offered, the Magnuson Moss Act provides some protections for the consumer. The Magnuson Moss Act makes it more easy for purchasers to sue for not honoring the warranty by making breach of warranty an infraction of federal law, and by allowing for consumers to recover legal charges and sensible attorneys' expenses.

The Magnuson Moss Act is frequently useful in a lemon case where, for some reason, a state Lemon Law claim is unavailable or furthermore unfavorable. For instance, contrary to the rather short period of time provided to consumers within virtually all Lemon Laws, you may register a claim for breach of warranty after the warranty period has passed if the troubles occured during the warranty time period. Also, although many Lemon Laws restrict their coverage benefits to a very specific list of vehicles, the Magnuson Moss Act applies to nearly all consumer goods. The Magnuson Moss Act might also be applicable if you bought or leased a preowned automobile without a manufacturing business warranty, or if the automobile is covered by a third party service contract or other variant of extended warranty.


The Uniform Commercial Code
The Uniform Commercial Code (referred to as "UCC") has been passed in every state. It is the prime foundation of law regulating warranties on consumer goods, including automobiles and other items. The UCC provides a legal channel for customers with lemon troubles.

UCC code says that the purchaser of a product is entitled to return merchandise that break in any feature to the contract. Thus, if your recently purchased car doesn't function as established by the original producer (your manufacturer warranty is part of your agreement), you can file a claim referencing the UCC in addition to any additional claims you might have.

The time for bringing back a motor vehicle with the UCC is not unlimited. If you come upon a problem in your car within a sensible inspection period, you can refuse the automobile. Unfortunately, brand new cars are frequently technically complex and you might not know whether your product conforms to the consumer agreement till after you buy the product and troubles start to come up. So, if Long after this inspection time period you don't refuse the product, you will be pronounced to have approved of it and may have no claim through the UCC.

The length of the review time period is not outlined in the regulation. State courts determine how long the fair review period is based on the consumer's expertise and personal experience, the consumer's difficulty in seeing the deficiency, and the consumer's opportunity to find the gremlin.

In spite of this limitation, the UCC says that in certain instances where a buyer is alleged to have accepted goods (i.e. the fair review period has elapsed), a buyer may still recant his approval of those products where the non-conformity frequently degrades the marketability of the products to him. Those examples include situations where it is challenging to notice the nonconformity or the buyer was guaranteed that the non-conformity would be remedied. In different words, the court will exempt the buyer from not having rejected the products where the buyer could not have reasonably done so, or where the manufacturer promised the buyer that the problems would be repaired.
Once a motor vehicle excessively fails and you have to keep taking it back to the dealership for repair under the written warranty, the car lemon law might be your next recourse. The problem should be substantive where it impedes your driving the item or your safety. A item stalling often is a substantive problem. This is precisely the type of problem that may diminiah your driving and your safety. Under the motor vehicle lemon law you are not required to show why the vehicle is stalling, you merely have to prove that it is stalling. Basically you need to check over the lemon law in these 3 cases: the vehicle keeps dying within the warranty period, the vehicle is a safety hazard, the dealership is not able to restore the vehicle when it is guaranteed.

If you have a motor vehicle which is a lemon you can immediately write to the original producer and ask for a replacement motor vehicle. If this requirement is not satisfactory to the original producer, you could move into an arbitration program. A few manufacturers have their own arbitration process. Other manufacturers have external arbitration program like Autoline by the BBB. The proposal of the arbitrators is binding on the original producer but not on the consumer. If unsatisfied with the assessment, the consumer can take the original producer to court.

Virtually all regulations state that the consumer ought to be restored back to the financial position they were in prior to purchasing the car, less the sum that the consumer profited from by using the car. To get the compensation total several components are considered such as was it a sale or a lease, the purchase price, taxes and license, and mileage etc.
Some almost new pre-owned motor vehicles will qualify under normal lemon laws. For example, a pre-owned vehicle might 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 pre-owned car lemon law may be extra generous with the age and amount of mileage. Still, the car must be sold by a car dealership that offers a written warranty. Personal sales are not involved, nor are automobiles sold under a declared purchase price. There could be additional restrictions to a used car lemon law such as the functions for which the car is used or the categorisation of car. Older automobiles, are normally excluded from used car lemon laws. Used car lemon laws normally cover a much shorter time period than brand new car ordinances. They often range from 30 to 90 days, depending on your pre-owned automobile's mileage.
When choosing a lawyer for your lemon case, make sure that your lawyer is knowledgeable about the regulations that cover to your state. Also enquire about the pricing program. Many lemon law attorneys get a generally minor retainer to handle a lemon law claim, and subsequently, the lawyer's fees are charged to the manufacturing business. Basically, lemon law claims are normally very inexpensive to consumers. The reimbursement of lawyer fees differs from state to state. About half of the states permit you to recoup your Attorney bills if you win. The lawyer's fee is based on actual time expended instead of being bound to any other portion of the recuperation. In some States, you have to pay the manufacturing business* attorney's fees if you lose.

Consumers ought to record their concerns in writing and retain a copy. In all written correspondence, always describe how difficult it is to return the automobile to the car dealership for repairs and that the reliability that the consumer believed She was receiving has been non-existent. Any written correspondence with a dealership or manufacturing business should be sent using certified mail. In most suits the manufacturers claim that they have not had the essential number of attempts to fix the defect. They bet on the fact that the consumer does not retain repair orders for each time they have brought the car into the authorized repair facility. They also bet on the fact that the repair orders have different parts fixed each occurance showing that they have not fixed the same problem. Consumers ought to reply by asking that sellers always grant them a warranty repair order. Consumers must also debate that these unrecorded visits are attempts.

Make sure to be knowledgeable of your rights under the lemon laws. Upon purchase, immediately review your owner's folder and warranty references completely, and the information pertaining lemon law rights which you ought to receive when you buy your motor vehicle. Don't depend on your car dealership to describe which troubles are covered by warranty. If your car dealership states that a problem isn't covered and you believe that he is misleading you, be civil but self-asserting. Don't be afraid to produce the section of the warranty that applies, or to call the manufacturer for verification applying the contact info included inside your owner's folder. You shouldn't be obligated pay for work pertained to lemon law complaints. It's also necessary to notify the manufacturer of a complaint as soon as possible. If you are suspicious that your car has a defect what cannot 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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