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.

Generally, the Lemon Laws stipulate that if you purchase (and in several states, lease) a new or pre-owned vehicle or other vehicle with a manufacturer's warranty that struggles to consistently run after repair attempts, and the manufacturer just can't correct it even with recurring efforts (in a set time that fluctuates from state to state), or if the car is in the shop for a defined period of time (usually 30 days) due to its faults, you are qualified to a broad range of damage settlements, inclusive of:

1. Money restitution
2. A return of the cost
3. A brand new automobile
Also, virtually all the Lemon Laws (and the Federal Warranty Law) contain a fee transferring component which provides that if you win your lawsuit, the original maker or dealership that sold you your lemon is forced to pay your attorneys' invoices.


Lemon Law Statutes
State Lemon Law Regulations
Each of the 50 states has its own Lemon Law statute. Although the verbiage of each state's statute vary, the common state Lemon Law statute extends help to a consumer with a impared auto sold with a warranty if:

1. The car dealership or original maker cannot indisputably remedy a specific problem in the automobile after a sensible number of repair efforts (commonly at least 3);
2. The automobile can't be driven for at least 30 days due to troubles in the automobile; or
3. The dealership or original maker cannot correct a deficiency that is a considerable safety hazard.

More often than not, a defective car is a car with a defect or trouble that frequently impairs its drivability, value, or safety to the consumer and does not conform to the written warranty. Often times, the period of time during which the Lemon Laws apply are rather short; the flaws and resulting repair attempts (or out-of-service time period) often will occur during the first two-years or 24,000 miles of consumer ownership of the vehicle. However, a number of states have even shorter time periods. Additionally, most states have notice and initiation prerequisites, such as wanting the consumer to send out registered mail notice to the original equipment manufacturer of the defects and giving the dealer a period to remedy the car. In addition, various states demand that Lemon Law cases be settled through an arbitration procedure.

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

-RV's
-Motorcycles
-Pleasure Boats
-Other consumer commodities (like televisions)
There are a number of robust resolutions possible under the Lemon Laws. U.S. Statesten times, if the original equipment manufacturer cannot correct the vehicle, the consumer may either call for the original equipment manufacturer to replace the motor vehicle, or insist the original equipment manufacturer to take back the motor vehicle and payback the original cost including incidental damages, like all bills, towing fees, repair charges, associated transportation costs and other costs incurred by the consumer as a consequence of the faults in the motor vehicle. Another important remedy possible under most Lemon Laws is litigation expenses. In many states, if you prevail in a Lemon Law case, you do not have to pay any litigation bills-the motor vehicle original producer that sold you your lemon is forced to pay attorney's charges.

The defendant car original producer can employ assorted defenses to a Lemon Law claim. The general statute affords that the manufacturing business is not liable if it can affirm that the faults at issue came about because of harm, disregard, or the modification or tampering of a car by persons other than the maker, its agent, or an authorized dealership. Restated, if the consumer dismantles his or her own automobile, or the flaws were caused by tampering or alterations carried out by an unauthorized dealer, the maker could not be guilty.


Federal Lemon Law Statutes
The Magnuson Moss Act
The Magnuson-Moss Warranty Act is the federal law that regulates consumer goods warranties. Sanctioned by Congress in 1975, the Magnuson Moss Act requires manufacturers and vendors of consumer goods to provide customers detailed information about warranty coverage benefits. Also, it sets both the rights of public consumers and the obligations of warrantors under manufacturer warranties.

Even though the Magnuson Moss Act doesn't demand an automobile original equipment manufacturer to furnish consumers with a warranty, if a warranty is offered, the Magnuson Moss Act offers various protections for the consumer. The Magnuson Moss Act makes it more easy for purchasers to sue for violating the warranty by making breach of warranty an infraction of federal law, and by permitting consumers to recoup litigation charges and fair attorneys' charges.

The Magnuson Moss Act is frequently applicable in a lemon situation in which, for some reason, a state Lemon Law claim is not possible or moreover unfit. For instance, unlike the relatively short time offered to public consumers within most Lemon Laws, you could bring a claim for breach of warranty after the warranty period has passed if the problems came about during the warranty period. Furthermore, although many Lemon Laws limit their coverage to a very specific list of vehicles, the Magnuson Moss Act is relevant to near all consumer products. The Magnuson Moss Act might also be applicable if you bought or leased a expended car without a manufacturing business warranty, or if the vehicle is covered by a service 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 agent of law regulating consumer warranties, including automobiles and other items. The UCC provides an alternative legal route for customers with lemon problems.

UCC code states that the consumer of a good is entitled to return products which break in any sense to the consumer agreement. In essence, if your recently purchased vehicle does not operate as guaranteed by the maker (your manufacturer warranty is part of your agreement), you may file a claim citing the UCC in addition to whatever other claims you might have.

The time period for taking back a automobile with the UCC is not unlimited. If you detect a gremlin in your car inside a fair ownership period, you can return the vehicle. Unfortunately, new cars can be often mechanically complicated and you might not understand whether your car conforms to the warranty till after you acquire the car and troubles start to come up. Basically, if Long after this ownership time period you do not take back the car, you will be stated to have accepted it and may have no claim through the UCC.

The duration of the inspection time period is not outlined in the regulation. Local courts decide how long the fair review period is based on the purchaser's knowledge and past experience, the purchaser's trouble in exposing the gremlin, and the purchaser's opportunity to observe the failing.

In spite of this limitation, the UCC states that in certain instances where a consumer is said to have accepted products (i.e. the fair review time period has passed), a consumer may still abrogate his approval of those goods where the non-conformity largely impairs the economic value of the goods to him. Those examples include instances in which it proves difficult to identify the nonconformity or the consumer was ensured that the non-conformity would be remedied. Put differently, the court will excuse the consumer from not rejecting the goods where the consumer could not have fairly done so, or where the manufacturer promised the buyer that the problems would be repaired.
When a car excessively breaks down and you have to keep taking it back to the dealership for repair under the written warranty, the vehicle lemon law might be your next course. The deficiency should be significant where it impedes your driving the car or your safety. A car stalling perpetually would be a significant deficiency. This is precisely the type of problem that may hinder your driving and your safety. Under the car lemon law you are not expected to establish why the car is stalling, you only have to show clearly that it is stalling. Thus you need to go over the lemon law in these 3 examples: the car keeps breaking down inside the warranty time period, the car is a safety risk, the car dealership is unable to restore the car when it is warranted.

If you own a product which is a lemon you can directly write to the original producer and ask for a replacement product. If this requirement is not satisfactory to the original producer, you could start into an arbitration program. A few manufacturers have their own arbitration process. Other manufacturers employ outside arbitration program like Autoline by the Better Business Bureau. The opinion of the arbitrators is binding on the original producer but not on the purchaser. If unsatisfied with the proposition, the purchaser can take the original producer to court.

Virtually all laws provide that the buyer needs to be restored back to the fiscal position they were in before they purchased the vehicle, less the amount that the buyer gained from by using the vehicle. To get the refund total 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 almost new pre-owned cars will qualify under basic lemon laws. For example, a pre-owned car might fall under normal lemon laws if it is less than 1 year old and has less than 12,000 miles on the odometer. States which do have a used car lemon law may be additionally accommodative with the age and measure of mileage. Still, the car must be sold by a car dealership that provides a written warranty. Private party sales are not involved, nor are cars sold under a stated price paid. There could be additional restrictions to a used car lemon law such as the proposes for which the vehicle is used or the categorization of vehicle. Older automobiles, are normally excluded from used car lemon laws. Used car lemon laws usually cover a much shorter period of time than new car ordinances. They frequently range from 30 to 90 days, depending on your used car's mileage.
When picking out 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 fee program. Many lemon law attorneys call for a rather humble retainer to manage a lemon law claim, and subsequently, the lawyer's fees are sent to the maker. Basically, lemon law claims are usually very inexpensive to purchasers. The reimbursement of attorney bills differs from state to state. About half of the states allow you to recuperate your Lawyer charges if you win. The attorney's fee is based on actual time expended rather than being connected to any share of the recuperation. In a few States, you will pay the manufacturer's lawyer's fees if you lose.

Consumers ought to place their concerns in writing and retain a copy. In any written communication, always delineate how taxing it is to return the vehicle to the dealership for repairs and that the reliableness that the consumer believed He was purchasing has been non-existent. Any written communication with a car dealership or maker must be sent using certified postal service. In many cases the manufacturers claim that they have not had the needed number of endeavors to remedy the defect. They bet on the knowledge that the consumer doesn't file repair tickets for each instance they have driven the motor vehicle into the authorized dealership. They also bet on the possibility that the repair tickets have different items fixed every time demonstrating that they have not fixed the same condition. Consumers ought to respond by demanding that sellers always present them a warranty repair ticket. Consumers ought to also argue that these unrecorded visits are attempts.

Make sure to be aware of your lemon law rights. Upon purchase, immediately scan your owner's book and warranty info entirely, and the info concerning lemon law rights which you ought to receive when you choose your automobile. Don't depend on your dealer to identify which problems are covered by warranty. If your dealer states that a condition isn't covered and you think that she is purposely deceiving you, be civilized but self-assertive. Don't be scared to point out the section of the warranty that is relevant, or to call the manufacturer for verification using the contact information included in your owner's book. You should not have to pay for repairs linked to lemon law complaints. It's also important to advise the manufacturer of a complaint straightaway. If you believe that your motor vehicle has a problem that cannot be remedied, check into 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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