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.

Primarily, the Lemon Laws stipulate that if you buy (and in most states, lease) a new or used car or other car with a warranty that is faulty, and the manufacturing business can't correct it even with repeated efforts (in a specified time that fluctuates from state to state), or if the automobile is out of service for a limited time period (typically 30 days) because of its defects, you are eligible to a wide number of abuses, inclusive of:

1. Monetary damage settlements
2. A refund of the original money paid
3. A brand new automobile
Furthermore, nearly all the Lemon Laws (and the Federal Warranty Law) feature a fee shifting component which says that if you win your case, the original producer or dealer which sold you your lemon is required to repay you for court invoices.


Lemon Law Statutes
State Lemon Law Regulations
Each of the 50 states has its own Lemon Law statute. Even though the verbiage of each state's statute are distinct, the common state Lemon Law statute affords assistance for buyers with a broken-down automobile covered by a warranty if:

1. The dealer or original producer cannot rightly correct a particular defect in the vehicle after a fair number of repair tries (ordinarily at least 3);
2. The motor vehicle can't be driven for at least 30 days due to faults in the motor vehicle; or
3. The car dealership or original producer cannot fix a failing that is a critical safety risk.

Generally, a defective motor vehicle is a motor vehicle with a defect or trouble that largely cripples its function, economic value, or safety to the consumer and does not maintain the standard of the written warranty. Frequently, the period of time during which the Lemon Laws apply are relatively short; the shortcomings and resultant repair efforts (or out-of-service period of time) occasionally must occur during the first 2-years or 24,000 miles the owner has the automobile. However, a number of states have even shorter time periods. Moreover, virtually all states have notice and activation requirements, such as wanting the consumer to give registered mail notice to the original maker of the faults and affording the dealership an opportunity to remedy the automobile. In addition, most states expect that Lemon Law suits be solved through an arbitration system.

Generally, state Lemon Law regulation codes also apply to leased vehicles and preowned vehicles purchased while under the manufacturing business* factory warranty. A number of state Lemon Laws also apply to vehicles other than passenger cars. depending upon the buyer's state of residence, or the state where the consumer bought the vehicle, Lemon Laws may apply to:

-RV's
-Motorcycles
-Pleasure Boats
-Other consumer goods (like televisions)
There are many robust solutions possible under the Lemon Laws. In most instances, if the manufacturer just can not correct the automobile, the consumer can either require the manufacturer to replace the motor vehicle, or force the manufacturer to reposess the motor vehicle and payback the original cost together with accompanying costs, including all bills, towing fees, repair costs, associated transportation charges and other costs incurred by the consumer as a consequence of the problems in the motor vehicle. Another important relief available under most Lemon Laws is litigation fees. In most states, if you prevail in a Lemon Law lawsuit, you won't have to pay any litigation bills-the auto original producer that sold you your lemon is required to pay laywers' bills.

The defendant automobile original maker can apply many defenses to a Lemon Law claim. The typical statute extends that the original equipment manufacturer is not responsible if it can establish that the defects in dispute happened due to misuse, forget about, or the modification or tampering of a car by anyone other than the manufacturer, an agent, or an authorized dealership. In different words, if the consumer dismantles his or her own automobile, or the shortcomings were the fault of changing or adjustments executed by an unauthorized party, the manufacturer could not be guilty.


Federal Lemon Law Statutes
The Magnuson Moss Act
The Magnuson-Moss Warranty Act is the federal law that moderates consumer goods warranties. Sanctioned by Congress in 1975, the Magnuson Moss Act requires manufacturing business and vendors of consumer items to provide consumers itemized facts about warranty coverage. Additionally, it determines both the rights of public consumers and the obligations of warrantors under original warranties.

Even though the Magnuson Moss Act doesn't call for an auto manufacturing business to furnish consumers with a warranty, if a warranty is provided, the Magnuson Moss Act extends various protections for the consumer. The Magnuson Moss Act makes it more easy for consumers to sue for not honoring the warranty by making breach of warranty an infraction of federal law, and by allowing public consumers to recuperate legal costs and sensible attorney's charges.

The Magnuson Moss Act is often useful in a lemon situation in which, for some reason, a state Lemon Law claim is not possible or otherwise unfit. For instance, divaricate from the rather short time provided to public consumers with virtually all Lemon Laws, you can bring a claim for breach of warranty after the warranty period has expired if the problems came about during the warranty period. In addition, although a few Lemon Laws restrict their coverage to a very specific group of vehicles, the Magnuson Moss Act is relevant to just about all consumer goods. The Magnuson Moss Act could also apply if you bought or leased a expended car without a manufacturer's warranty, or if the car is covered by a third party 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 principal authority of law regulating contracts dealing with the sale of products, including automobiles and other items. The UCC provides a legal route for public consumers with lemon problems.

UCC code stipulates that the purchaser of a product is entitled to return product that do not perform in any regard to the warranty. In essence, if your new vehicle does not function as bound by the original equipment manufacturer (your manufacturer warranty is part of your consumer agreement), you can file a claim citing the UCC in addition to whatever other claims you might have.

The period of time for returning a car with the UCC is not unlimited. If you observe a problem in your automobile within a sensible review period, you can take back the motor vehicle. Unfortunately, brand new cars can be oftentimes technically complex and you may not understand if your vehicle conforms to the contract until long after you buy the vehicle and troubles begin to arise. Fundamentally, if After this review time period you fail to return the vehicle, you will be said to have accepted it and might have no claim through the UCC.

The duration of the review period is not delineated in the statute. Local courts decide how long the sensible review period is based on the consumer's familiarity and past experience, the consumer's trouble in coming upon the fault, and the consumer's chance to discover the defect.

In spite of this limit, the UCC says that in certain cases where a consumer is deemed to have accepted products (i.e. the sensible review time period has elapsed), a consumer can still disclaim his acceptance of those product where the non-conformity considerably cripples the economic value of the product to him. Those cases include examples in which it was toilsome to come across the nonconformity or the consumer was promised that the non-conformity would be remedied. In other words, the local court will exempt the consumer from not having rejected the product where the consumer could not have reasonably done so, or where the manufacturer promised the buyer that the problems would be repaired.
Once a motor vehicle excessively breaks and you have to keep bringing it back to the car dealership for repair under the warranty, the automobile lemon law may be your next course of action. The gremlin ought to be significant in which it interferes with your driving the vehicle or your safety. A vehicle stalling for no reason would be a significant gremlin. This is exactly the type of problem that could hamper your driving and your safety. Under the automobile lemon law you are not obligated to establish why the auto is stalling, you simply have to demonstrate that it is stalling. In essence you need to check into the lemon law in these 3 situations: the auto keeps dying inside the warranty time period, the auto is a safety hazard, the dealer is incapable to rebuild the auto when it is warranted.

If you have a car which is a lemon you can immediately write to the original maker and ask for a replacement car. If this requirement is not acceptable to the original maker, you may enter into an arbitration arrangement. A few makers have their own arbitration program. Other makers utilise outside arbitration program including Autoline by the Better Business Bureau. The recommendation of the arbitrators is binding on the original maker but not on the purchaser. If unsatisfied with the judgment, the purchaser can take the original maker to court.

Virtually all ordinances provide that the consumer needs to be restored back to the financial position they were in prior to purchasing the automobile, less the sum that the consumer benefited from by using the automobile. To get the repayment sum a number of elements are considered such as was it a sale or a lease, the purchase price, taxes and license, and mileage etc.
Some virtually new pre-owned cars may qualify under basic lemon laws. For example, a pre-owned auto may fall under regular lemon laws if it is less than one year old and has got less than 12,000 miles on the odometer. States which do have a used car lemon law will be more generous with the age and amount of mileage. Still, the car must be sold by a dealership that supplies a warranty. Individual sales aren't involved, neither are vehicles sold under a stated price paid. There might be additional restrictions to a used car lemon law such as the proposes for which the automobile is used or the classification of automobile. Classic cars, are usually excluded from used car lemon laws. Used car lemon laws normally cover a much shorter period of time than new car laws. They oftentimes range from 30 to 90 days, depending on your pre-owned car's mileage.
When choosing a lawyer for your lemon case, make sure that your lawyer is knowledgeable about the ordinances that are applicable to your state. Also enquire about the pricing structure. Many lemon law lawyers require a rather minor retainer to address a lemon law claim, and subsequently, the lawyer's invoices are charged to the manufacturer. In essence, lemon law claims are typically very affordable to public consumers. The reimbursement of attorney bills varies from state to state. About half of the states allow you to recover your Lawyer charges if you win. The attorney's fee is based upon actual time expended instead of being linked to any share of the recuperation. In a few States, you will pay the manufacturer's lawyer's charges if you lose.

Consumers ought to register their charges in writing and keep a copy. In any written communication, always explain how taxing it is to bring the automobile to the dealer for corrections and that the reliableness that the customer believed He was acquiring has been non-existent. Any written communication with a dealership or manufacturer needs to be sent using certified mail. In virtually all cases the makers claim that they have not had the essential number of endeavors to repair the problem. They rely on the reality that the customer doesn't keep repair receipts for each instance they have taken the car into the authorized dealership. They also bet on the fact that the repair receipts have different parts fixed each period establishing that they haven't fixed the same defect. Consumers should reply by demanding that authorized dealerships always give them a warranty repair ticket. Consumers ought to also indicate that these unwritten trips are efforts.

Make sure to be aware of your lemon law rights. Upon purchase, immediately read your owner's manual and warranty information thoroughly, as well as the information with respect to lemon law rights which you ought to receive when you purchase your vehicle. Don't rely on your dealership to show you which defects are covered by warranty. If your dealership states that a defect isn't covered and you think that he or she is decieving you, be genteel but assertive. Don't be frighted to point out the part of the warranty that is relevant, or to call the manufacturer for substantiation applying the contact references included inside your owner's manual. You shouldn't have to pay for work related to lemon law complaints. It's also important to advise the manufacturer of a complaint as soon as possible. If you suspect that your vehicle has a problem that just can not be repaired, check out 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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