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.

Basically, the Lemon Laws stipulate that if you purchase (and in most states, lease) a new or pre-owned car or other car with a warranty that struggles to consistently run after repair attempts, and the manufacturing business just can't recondition it in spite of consecutive tries (in a set time that fluctuates from state to state), or if the item is not drivable for a fixed period of time (typically 30 days) because of its flaws, you are eligible to a wide range of costs, inclusive of:

1. Money damages
2. A refund of the original price
3. A brand new vehicle
In addition, almost all the Lemon Laws (and the Federal Warranty Law) contain a fee shifting component which stipulates that if you win your suit, the original equipment manufacturer or dealership that sold you your lemon is expected to repay litigation invoices.


Lemon Law Regulations
State-specific Lemon Law Statutes
Each of the 50 states has a different Lemon Law statute. Although the verbiage of each state's statute differ, the conventional state Lemon Law statute offers remedy for consumers with a faulty vehicle purchased with a warranty if:

1. The dealership or original equipment manufacturer can't accurately remedy a particular failing in the motor vehicle after a fair number of repair tries (ordinarily at least three);
2. The vehicle can't be driven for at least 30 days due to defects in the car; or
3. The dealership or original equipment manufacturer just can't remedy a defect that is a considerable safety hazard.

By and large, a bad car is a automobile with a problem or affliction that often cripples its drivability, economic value, or safety to the consumer and does not comply with the written warranty. Frequently, the time period in which the Lemon Laws apply are relatively short; the defects and subsequent repair efforts (or out-of-service period) generally will take place during the first two-years or 24,000 miles that you own the automobile. However, a number of states have even shorter periods. Additionally, almost all states have notification and initiation requirements, such as expecting the consumer to send registered post notice to the manufacturing business of the troubles and affording the car dealership an opportunity to remedy the motor vehicle. Moreover, several states require that Lemon Law lawsuits be adjudicated through an arbitration system.

Generally, state Lemon Law regulations also are applicable to leased vehicles and preowned vehicles purchased whilst under the manufacturer's factory warranty. A good number of state Lemon Laws also are applicable to cars other than passenger automobiles. based upon the buyer's home residence, or the state in which the consumer bought the car, Lemon Laws may be applicable to:

-RV's
-Motorcycles
-Pleasure Boats
-Other consumer products (such as televisions)
There are a number of significant solutions available under the Lemon Laws. Frequently, if the manufacturing business can't repair the vehicle, the consumer can either demand the manufacturing business to replace the vehicle, or force the manufacturing business to take the vehicle and repay the original price paid including incidental costs, including all charges, towing charges, repair charges, alternative travel costs and other costs incurred by the consumer as a consequence of the defects in the vehicle. Another important remedy available under most Lemon Laws is litigation fees. In virtually all states, if you prevail in a Lemon Law case, you do not have to pay any attorneys' charges-the motor vehicle manufacturer that sold you your lemon is forced to pay all of your litigation invoices.

The defendant car manufacturer can utilize assorted defenses to a Lemon Law claim. The conventional statute extends that the maker is not liable if it can affirm that the problems in question persisted due to misdeed, neglect, or the modification or tampering of a automobile by a party other than the original producer, an agent, or an authorized dealership. Restated, if the consumer maltreats his or her own motor vehicle, or the flaws were the fault of modifications or adjustments performed by an unauthorized party, the original producer may not be guilty.


Federal Lemon Law Statutes
The Magnuson Moss Act
The Magnuson-Moss Warranty Act is the federal law that moderates consumer merchandise warranties. Approved by Congress in 1975, the Magnuson Moss Act requires manufacturing business and dealers of consumer commodities to provide consumers detailed facts about warranty coverage. In addition, it sets both the rights of consumers and the responsibilities of warrantors under manufacturer warranties.

Although the Magnuson Moss Act doesn't demand an auto original maker to supply purchasers with a warranty, if a warranty is furnished, the Magnuson Moss Act extends numerous protections for the consumer. The Magnuson Moss Act makes it more easy for purchasers to sue for breach of warranty by making breach of warranty an infraction of federal law, and by allowing customers to recoup litigation charges and sensible attorney's fees.

The Magnuson Moss Act is oftentimes applicable in a lemon lawsuit where, for some reason, a state Lemon Law claim is not possible or furthermore unfit. For instance, unlike the relatively short period of time offered to consumers with many Lemon Laws, you may record a claim for breach of warranty after the warranty period has expired as long as the defects happened during the warranty time period. Furthermore, although many Lemon Laws restrict their coverage to a small list of cars, the Magnuson Moss Act applies to nearly all consumer products. The Magnuson Moss Act could also apply 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 form of extended warranty.


The Uniform Commercial Code
The Uniform Commercial Code (referred to as "UCC") has been passed in all 50 U.S. states. It is the foundational basis of law regulating consumer warranties, including motor vehicles and other items. The UCC affords another legal avenue for customers with lemon troubles.

UCC code stipulates that the consumer of a product is entitled to return products that break in any regard to the warranty. Therefore, if your recently purchased vehicle doesn't operate as established by the original equipment manufacturer (your original warranty is a portion of your warranty), you can have a claim citing the UCC in addition to any additional claims you might have.

The period of time for taking back a automobile with the UCC is not unlimited. If you observe a gremlin in your vehicle inside a reasonable inspection time period, you may refuse the motor vehicle. Unfortunately, new automobiles are frequently mechanically complex and you might not understand if your item conforms to the warranty till after you acquire the item and defects begin to come up. Therefore, if Long after this inspection time you don't refuse the item, you will be stated to have o.K.ed it and might have no claim through the UCC.

The length of the inspection period is not defined in the regulation. Local courts decide how long the fair inspection period is based on the consumer's familiarity and experience, the consumer's difficulty in revealing the fault, and the consumer's chance to see the problem.

In spite of this limit, the UCC stipulates that in certain examples where a consumer is said to have accepted products (i.e. the fair inspection time has expired), a consumer can still recant his acceptance of those product where the non-conformity largely degrades the marketability of the product to him. Those cases include circumstances in which it is challenging to reveal the nonconformity or the consumer was guaranteed that the non-conformity would be repaired. In different words, the local court will excuse the consumer from not refusing 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 motor vehicle excessively breaks and you have to keep bringing it back to the dealership for repair under the warranty, the motor vehicle lemon law may be your next refuge. The flaw must be substantial where it prohibits your driving the vehicle or your safety. A vehicle stalling constantly is a substantial flaw. This is precisely the type of problem that can stymie your driving and your safety. Under the auto lemon law you are not obligated to show why the motor vehicle is stalling, you simply have to demonstrate that it is stalling. Basically you need to check into the lemon law in these three cases: the motor vehicle keeps breaking inside the warranty period, the motor vehicle is a safety hazard, the dealer is incapable to recondition the motor vehicle when it is warranted.

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

Virtually all ordinances provide that the purchaser should be returned back to the fiscal position they were in before they purchased the vehicle, less the amount that the purchaser benefited from by using the vehicle. To get the payback sum various 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 normal lemon laws. For example, a pre-owned motor vehicle might fall under regular lemon laws if it is less than one year old and has got fewer than 12,000 miles on the odometer. States that do have a used car lemon law will be more accommodative with the age and amount of mileage. Still, the car needs to be sold by a car dealership that supplies a warranty. Private sales aren't governed, neither are cars sold under a specific original price paid. There could be additional restrictions to a used car lemon law such as the proposes in which the vehicle is used or the classification of vehicle. Older cars, are usually excluded from pre-owned car lemon laws. Used car lemon laws commonly cover a much shorter period than new car regulations. They often range from 30 to 90 days, based on your used vehicle's mileage.
When selecting an attorney 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 attorneys need a relatively humble retainer to manage a lemon law claim, and thereafter, the attorney's fees are billed to the manufacturing business. In essence, lemon law claims are normally very affordable to public consumers. The reimbursement of attorney fees varies from state to state. About half of the states permit you to recoup your Attorney charges if you win. The attorney's fee is based upon actual time spent rather than being attached to any portion of the recuperation. In some States, you will pay the manufacturer's attorney's charges if you lose.

Consumers ought to register their charges in writing and save a copy. In every written communication, always describe how burdensome it is to bring the motor vehicle to the car dealership for work and that the reliability that the owner believed He was receiving has been non-existent. Any written communication with a dealer or manufacturing business should be sent using certified mail service. In many cases the manufacturers claim that they haven't had the required number of endeavors to remedy the problem. They depend on the reality that the owner does not keep repair tickets for each time they have driven the vehicle into the shop. They also depend on the fact that the repair tickets have different things repaired every occurance demonstrating that they haven't repaired the same defect. Consumers should respond by demanding that authorized dealerships always give them a warranty repair ticket. Consumers ought to also contend that these unrecorded trips are attempts.

Make sure to be aware of your lemon law rights. Upon purchase, immediately page through your owner's booklet and warranty info completely, and the facts concerning lemon law rights that you should receive when you buy your car. Don't count on your car dealership to describe what problems are covered by warranty. If your car dealership states that a defect isn't covered and you believe that he or she is decieving you, be polite but self-asserting. Don't be frighted to go over the section of the warranty that applies, or to call the manufacturing business for substantiation utilizing the contact info included inside your owner's booklet. You shouldn't have to pay for repairs related to to lemon law complaints. It's also crucial to notify the manufacturing business of a complaint straightaway. If you are suspicious that your automobile has a defect that just can not be remedied, go over your lemon law rights to see when you are able to bring 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