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.

Essentially, the Lemon Laws provide that if you buy (and in various states, lease) a brand new or used vehicle or other car with a warranty that is faulty, and the original producer just can't recondition it even with persistent tries (inside a defined time that fluctuates from state to state), or if the motor vehicle is not usable for a designated time (usually 30 days) due to its problems, you are eligible to a wide number of maltreats, inclusive of:

1. Money damage settlements
2. A restitution of the original price
3. A brand new vehicle
Moreover, virtually all of the Lemon Laws (as well as the Federal Warranty Law) contain a fee shifting element that provides that if you win your lawsuit, the original producer or dealer which sold you your lemon is obliged to repay attorneys' expenses.


Lemon Law Statutes
State-specific Lemon Law Regulations
Each of the 50 states has a different Lemon Law statute. Although the verbiage of each state's statute differ, the general state Lemon Law statute provides remedy for buyers with a unsound motor vehicle purchased with a warranty if:

1. The car dealership or original producer just can't legitimately remedy a specific defect in the automobile after a sensible number of repair attempts (normally at least 3);
2. The vehicle cannot be driven for at least 30 days due to problems in the automobile; or
3. The car dealership or original producer just can't remedy a flaw that is a significant safety risk.

Generally, a faulty car is a car with a defect or trouble that often impares its usability, value, or safety to the consumer and does not comply with the warranty. Typically, the time period during which the Lemon Laws apply are relatively short; the flaws and subsequent repair efforts (or out-of-service time period) generally must take place during the first 2-years or 24,000 miles in which the purchaser owns the automobile. However, a number of states have even shorter periods. Additionally, virtually all states have notice and activation requirements, such as requiring the consumer to give registered mail notice to the original maker of the troubles and establishing the car dealership an opportunity to remedy the motor vehicle. Furthermore, numbers of states necessitate that Lemon Law cases be settled through an arbitration system.

Generally, state Lemon Law regulations also apply to leased automobiles and used vehicles bought while under the manufacturer's basic warranty. A lot of state Lemon Laws also apply to vehicles other than passenger vehicles. based on the purchaser'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 items (like computers)
There are many robust resolutions available under the Lemon Laws. U.S. States most instances, if the manufacturing business just can't repair the vehicle, the consumer may either call for the manufacturing business to replace the car, or demand the manufacturing business to reposess the car and payback the original price paid including accompanying costs, including all charges, towing fees, repair costs, alternative transportation charges and other damages incurred by the consumer as a consequence of the defects in the car. Another important resolution available under most Lemon Laws is attorneys' fees. In most states, if you prevail in a Lemon Law case, you do not have to pay any legal bills-the automobile original maker that sold you your lemon is obligated to pay your court charges.

The defendant auto original maker can apply assorted defenses to a Lemon Law claim. The common statute extends that the original equipment manufacturer is not responsible if it can verify that the flaws at issue persisted due to misdeed, disregard, or the alteration or modification of a vehicle by a party other than the original maker, an agent, or an authorized dealership. Restated, if the consumer maltreats his or her own motor vehicle, or the problems were the fault of tampering or changes performed by a third party, the original maker could not be guilty.


Federal Lemon Law Statutes
The Magnuson Moss Act
The Magnuson-Moss Warranty Act is the federal law that controls consumer goods warranties. Ratified by Congress in 1975, the Magnuson Moss Act requires manufacturing business and sellers of consumer products to provide consumers itemized info about warranty coverage benefits. Also, it affects both the rights of public consumers and the obligations of warrantors under written warranties.

Even though the Magnuson Moss Act does not demand an car original producer to provide consumers with a warranty, if a warranty is offered, the Magnuson Moss Act extends many 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 permitting public consumers to recuperate legal costs and fair laywers' expenses.

The Magnuson Moss Act is frequently helpful in a lemon suit where, for some reason, a state Lemon Law claim is not available or moreover unsuited. For instance, contrary to the rather short cycle offered to customers inside virtually all Lemon Laws, you could record a claim for breach of warranty after the warranty period has expired as long as the defects came about during the warranty period. Additionally, although many Lemon Laws restrict their coverage to a small offering of automobiles, the Magnuson Moss Act applies to virtually all consumer goods. The Magnuson Moss Act may also be applicable if you purchased or leased a preowned vehicle without a manufacturing business warranty, or if the vehicle is covered by a third party agreement or other variety of extended warranty.


The Uniform Commercial Code
The Uniform Commercial Code (referred to as "UCC") has been ratified in every U.S. state. It is the primary source of law regulating warranties on consumer goods, including cars and other items. The UCC affords an alternative legal avenue for consumers with lemon troubles.

UCC code says that the purchaser of a product is entitled to return products that break in any regard to the consumer warranty. Fundamentally, if your new automobile doesn't operate as guaranteed by the manufacturing business (your manufacturer warranty is part of your warranty), you can file a claim referencing the UCC in addition to any additional claims you might have.

The period for taking back a car with the UCC is not unlimited. If you expose a failing in your car inside a fair ownership period, you may return the car. Unfortunately, brand new automobiles can be often mechanically enigmatic and you might not understand if your car conforms to the consumer warranty until after you acquire the car and troubles start to arise. Essentially, if Long after this ownership time you don't take back the car, you will be pronounced to have accepted it and may have no claim through the UCC.

The length of the review period is not specified in the statute. Local courts decide how long the fair inspection period is based on the consumer's familiarity and past experience, the consumer's trouble in identifying the gremlin, and the consumer's chance to observe the problem.

In spite of this limitation, the UCC stipulates that in certain instances where a purchaser is stated to have accepted products (i.e. the fair inspection time has expired), a purchaser may still negate his acceptation of those products where the non-conformity considerably impairs the marketability of the products to him. Those instances include instances where it is hard to detect the nonconformity or the purchaser was assured that the non-conformity would be remedied. Re-stated, the court will relieve the purchaser from not refusing the products where the purchaser could not have sensibly done so, or where the manufacturer promised the buyer that the problems would be repaired.
When a car excessively gives out and you have to keep bringing it back to the dealership for repair under the written warranty, the car lemon law may be your next refuge. The problem must be significant in which it hampers your driving the product or your safety. A product stalling perpetually is a significant problem. This is precisely the type of condition that can hamper your driving and your safety. Under the automobile lemon law you are not expected to prove why the motor vehicle is stalling, you only have to prove that it is stalling. In essence you need to check into the lemon law in these three examples: the motor vehicle keeps breaking down inside the warranty period, the motor vehicle is a safety hazard, the car dealership is unable to restore the motor vehicle when it is guaranteed.

If you have a product which is a lemon you can directly write to the original equipment manufacturer and ask for a replacement product. If this requirement is not satisfactory to the original equipment manufacturer, you could enter into an arbitration program. A few makers have their own arbitration process. Other makers use external arbitration program like Autoline by the Better Business Bureau. The assessment of the arbitrators is binding on the original equipment manufacturer but not on the consumer. If unsatisfied with the opinion, the consumer can take the original equipment manufacturer to court.

Virtually all ordinances state that the owner must be restored back to the fiscal position they were in prior to purchasing the vehicle, less the measure that the owner profited from by using the vehicle. To get the compensation sum numerous factors 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 cars may qualify under normal lemon laws. For example, a pre-owned motor vehicle might fall under regular lemon laws if it is less than 1 year old and has got fewer than 12,000 miles on the odometer. States which do have a pre-owned motor vehicle lemon law might be additionally accommodative with the age and measure of mileage. Still, the car has to be sold by a dealership that supplies a written warranty. Personal sales are not involved, neither are cars sold under a stated original cost. There may be additional restrictions to a used car lemon law such as the proposes for which the vehicle is used or the classification of vehicle. Older automobiles, are usually excluded from used car lemon laws. Used car lemon laws usually cover a much shorter period than new car ordinances. They usually range from 30 to 90 days, based on your pre-owned vehicle's mileage.
When picking out a lawyer for your lemon case, make sure that your lawyer is knowledgeable about the laws that cover to your state. Also enquire about the fee program. Many lemon law lawyers call for a generally modest retainer to handle a lemon law claim, and thenceforth, the attorney's invoices are billed to the maker. Thus, lemon law claims are ordinarily very inexpensive to public consumers. The reimbursement of lawyer bills differs from state to state. About half of the states provide for you to recoup your Lawyer bills if you win. The attorney's fee is based on actual time spent rather than being linked to any other share of the recuperation. In a few States, you have to pay the manufacturer's lawyer's invoices if you lose.

Consumers should place their charges in writing and keep a copy. In any written correspondence, always describe how problematic it is to return the auto to the car dealership for work and that the reliability that the customer thought He was getting has been non-existent. Any written correspondence with a dealer or maker needs to be sent using certified postal service. In most cases the makers claim that they haven't had the necessary number of endeavors to repair the problem. They count on the fact that the customer does not file repair tickets for each instance they have driven the automobile into the dealership. They also bet on the fact that the repair tickets have different things fixed each time showing that they have not fixed the same defect. Consumers ought to reply by expecting that sellers always send them a warranty repair ticket. Consumers ought to also debate that these unwritten trips are tries.

Make sure to be mindful of your rights under the lemon laws. Upon purchase, immediately review your owner's manual and warranty information entirely, as well as the info with respect to lemon law rights which you ought to receive when you buy your motor vehicle. Don't count on your car dealership to identify which defects are covered by warranty. If your car dealership states that a defect is not covered and you believe that he or she is being deceptive, be calm but surefooted. Don't be afraid to go over the segment of the warranty that is relevant, or to call the manufacturing business for substantiation using the contact data included within your owner's manual. You should not be obliged pay for corrections linked to lemon law complaints. It's also crucial to notify the manufacturing business of a complaint promptly. If you think that your car has a condition that can't be fixed, look into your lemon law rights to see when you are able to submit 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.

Pennsylvania Cities:
Choose your City/Zipcode