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.

In essence, the Lemon Laws specify that if you buy (and in some states, lease) a brand new or used vehicle or other car covered by a manufacturer's warranty that is faulty, and the original producer just can not rebuild it even with repeated tries (in a stipulated time limit that varies from state to state), or if the automobile is out of service for a designated period of time (generally 30 days) because of its defects, you are eligible to a wide number of abuses, inclusive of:

1. Monetary restitution
2. A payback of the original price
3. A brand new car
Moreover, virtually all of the Lemon Laws (as well as the Federal Warranty Law) contain a fee switching element which says that if you win your lawsuit, the manufacturing business or car dealership that sold you your lemon is forced to pay your litigation fees.


Lemon Law Statutes
State-specific Lemon Law Regulations
Each of the 50 states has a different Lemon Law statute. Although the wording of each state's statute vary, the standard state Lemon Law statute provides assistance for consumers with a malfunctioning auto sold with a warranty if:

1. The dealer or manufacturing business just can't correctly correct a specific fault in the car after a reasonable number of repair tries (ordinarily at least three);
2. The vehicle cannot be driven for at least 30 days due to flaws in the automobile; or
3. The dealer or manufacturing business just can not remedy a flaw that is a dangerous safety hazard.

Generally, a faulty motor vehicle is a motor vehicle with a defect or condition that substantially degrades its usability, value, or safety to the consumer and does not comply with the written warranty. Typically, the period during which the Lemon Laws are applicable are rather short; the faults and resulting repair attempts (or out-of-service period of time) generally will happen during the first two-years or 24,000 miles the owner has the vehicle. However, a number of states have even shorter time periods. Also, virtually all states have notice and initiation prerequisites, such as expecting the consumer to send off registered post notice to the original producer of the troubles and presenting the car dealership a chance to correct the car. Furthermore, numerous states expect that Lemon Law claims be settled through an arbitration procedure.

Generally, state Lemon Law statues also apply to leased vehicles and preowned automobiles purchased while under the manufacturer's basic warranty. A number of state Lemon Laws also are applicable to vehicles other than passenger cars. depending upon the purchaser's state of residence, or the state where the consumer bought the automobile, Lemon Laws may apply to:

-RV's
-Motorcycles
-Pleasure Craft
-Other consumer commodities (such as televisions)
There are a number of effective solutions possible under the Lemon Laws. US States most instances, if the original producer just can't fix the automobile, the consumer may either call for the original producer to replace the car, or obligate the original maker to reposess the vehicle and refund the price paid together with accompanying costs, including all fees, towing costs, repair charges, related travel costs and other costs incurred by the consumer as a result of the problems in the vehicle. Another important resolution available under most Lemon Laws is attorneys' expenses. In almost all states, if you win in a Lemon Law case, you will not have to pay any laywers' bills-the auto manufacturer that sold you your lemon is required to pay all of your litigation invoices.

The defendant automobile original equipment manufacturer can apply various defenses to a Lemon Law claim. The typical statute affords that the manufacturer is not responsible if it can prove that the troubles at issue persisted due to maltreatment, disregard, or the alteration or modification of a vehicle by somone other than the manufacturing business, an agent, or an authorized dealer. In different words, if the consumer breaks his or her own car, or the flaws were a consequence of tampering or adjustments performed by an unauthorized party, the manufacturing business might not be responsible.


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 manufacturers and marketers of consumer items to provide customers itemized facts about warranty coverage benefits. In addition, it sets both the rights of public consumers and the obligations of warrantors under manufacturer warranties.

Although the Magnuson Moss Act does not require an car maker to supply customers with a warranty, if a warranty is furnished, the Magnuson Moss Act provides various 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 noncompliance of federal law, and by permitting consumers to recover litigation costs and reasonable laywers' fees.

The Magnuson Moss Act is frequently helpful in a lemon suit where, for some reason, a state Lemon Law claim is unavailable or furthermore disadvantageous. For instance, contrary to the generally short time provided to customers inside most Lemon Laws, you can register a claim for breach of warranty after the warranty period has passed if the defects occurred during the warranty period. Moreover, although many Lemon Laws restrict their coverage benefits to a very specific list of vehicles, the Magnuson Moss Act applies to nearly all consumer items. The Magnuson Moss Act might also be applicable if you purchased or leased a preowned vehicle without a manufacturer's warranty, or if the vehicle is covered by a service agreement 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 main source of law governing warranties on consumer goods, including motor vehicles and other items. The UCC offers an alternative legal avenue for customers with lemon troubles.

UCC code says that the purchaser of a product is entitled to return goods that break in any way to the warranty. In essence, if your new product does not function as warranted by the manufacturing business (your manufacturer warranty is part of your consumer agreement), you can file a claim referencing the UCC in addition to whatever other claims you might have.

The period for taking back a vehicle with the UCC is not unlimited. If you observe a fault in your car within a fair posession time period, you can return the vehicle. Unfortunately, brand new cars are often technically enigmatic and you might not recognize whether your vehicle conforms to the warranty till after you buy the vehicle and problems start to come up. Thus, if After this posession time period you do not return the vehicle, you will be stated to have okayed it and will have no claim through the UCC.

The duration of the inspection period is not delineated in the regulation. The Courts determine how long the fair review period is based on the purchaser's knowledge and past experience, the purchaser's trouble in finding the problem, and the purchaser's chance to expose the defect.

In spite of this limitation, the UCC provides that in certain cases where a buyer is said to have accepted products (i.e. the fair review time has passed), a buyer may still revoke his acceptance of those product where the non-conformity substantially cripples the marketability of the product to him. Those cases include circumstances where it proves challenging to come upon the nonconformity or the buyer was guaranteed that the non-conformity would be remedied. Re-stated, the court will exempt the buyer from not rejecting the product where the buyer could not have reasonably done so, or where the manufacturer promised the buyer that the problems would be repaired.
When a vehicle excessively fails and you have to keep taking it back to the dealer for repair under the written warranty, the car lemon law may be your next course of action. The fault should be substantial where it hinders your driving the motor vehicle or your safety. A motor vehicle stalling perpetually is a substantial fault. This is exactly the type of problem that could stymie your driving and your safety. Under the vehicle lemon law you are not expected to prove why the motor vehicle is stalling, you merely have to demonstrate that it is stalling. In essence you need to go over the lemon law in these 3 examples: the motor vehicle keeps dying inside the warranty time period, the motor vehicle is a safety risk, the dealership is incapable to fix the motor vehicle when it is guaranteed.

If you own a product which is a lemon you can directly write to the manufacturer and ask for a replacement product. If this demand is not acceptable to the manufacturer, you may move into an arbitration process. A few manufacturers incorporate their own arbitration program. Other manufacturers have external arbitration program like Autoline by the BBB. The judgment of the arbitrators is binding on the manufacturer but not on the owner. If unsatisfied with the judgment, the owner can take the manufacturer to court.

Virtually all regulations provide that the buyer needs to be restored back to the fiscal position they were in before they purchased the car, less the amount that the buyer gained from by using the car. To get the refund amount numerous elements 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 cars will qualify under normal lemon laws. For example, a pre-owned motor vehicle might fall under normal 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 motor vehicle lemon law will be additionally cooperative with the age and amount of mileage. Still, the car has to be sold by a dealership that supplies a written warranty. Private party sales are not governed, nor are cars sold under a certain price paid. There could be other restrictions to a used car lemon law such as the proposes for which the car is utilized or the categorization of car. Classic automobiles, are usually excluded from pre-owned car lemon laws. Used car lemon laws ordinarily cover a much shorter period of time than new car ordinances. They oftentimes range from 30 to 90 days, depending on your pre-owned vehicle's mileage.
When finding 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 pricing system. Many lemon law lawyers demand a rather minor retainer to cover a lemon law claim, and thenceforth, the lawyer's fees are billed to the maker. Thus, lemon law claims are commonly very low-cost to public consumers. The reimbursement of lawyer invoices differs from state to state. About half of the states allow for you to recuperate your Lawyer invoices if you win. The attorney's fee is based on actual time expended rather than being bound to any share of the recovery. In a select few States, you have to pay the manufacturer's lawyer's invoices if you lose.

Consumers ought to put their concerns in writing and save a copy. In all written correspondence, always outline how burdensome it is to return the motor vehicle to the dealer for work and that the reliability that the customer believed He was purchasing has been non-existent. Any written correspondence with a dealer or maker needs to be sent using certified mail service. In many cases the manufacturers claim that they have not had the necessary number of efforts to repair the defect. They depend on the reality that the customer does not retain repair tickets for each occurance they have taken the auto into the shop. They also rely on the fact that the repair tickets have different things fixed every occurance showing that they have not fixed the same condition. Consumers should respond by demanding that dealers always grant them a warranty repair order. Consumers should also indicate that these unrecorded trips are tries.

Make sure to be mindful of your rights under the lemon laws. Upon purchase, immediately page through your owner's binder and warranty info thoroughly, along with the info on lemon law rights which you ought to obtain when you acquire your automobile. Don't depend on your dealer to identify which defects are covered by warranty. If your dealer states that a condition is not covered and you believe that he or she is misleading you, be polite but self-assertive. Don't be scared to produce the segment of the warranty that is relevant, or to call the manufacturer for substantiation utilizing the contact info included within your owner's binder. You shouldn't be obliged pay for corrections related to to lemon law complaints. It's also important to advise the original producer of a complaint straightaway. If you think that your car has a problem that just can't be repaired, check 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.

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