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.

In essence, the Lemon Laws state that if you acquire (and in various states, lease) a brand new or pre-owned car or other vehicle under warranty that does not work consistently, and the original equipment manufacturer just can not repair it in spite of recurring efforts (within a specified time limit that fluctuates from state to state), or if the automobile is not usable for a defined time period (typically 30 days) due to its troubles, you are qualified to a broad range of maltreats, inclusive of:

1. Monetary damages
2. A refund of the cost
3. A new vehicle
Moreover, nearly all the Lemon Laws (as well as the Federal Warranty Law) contain a fee changing element that states that if you win your lawsuit, the manufacturer or car dealership that sold you the lemon is forced to pay your litigation expenses.


Lemon Law Regulations
State Lemon Law Statutes
Each of the 50 states has its own Lemon Law statute. Even though the protections of each state's statute are different, the general state Lemon Law statute provides assistance for consumers with a imperfect vehicle sold with a warranty if:

1. The dealership or manufacturing business just can't indisputably correct a particular fault in the product after a reasonable number of repair tries (generally at least three);
2. The automobile cannot be driven for at least 30 days due to defects in the vehicle; or
3. The dealership or manufacturing business just can not repair a problem that is a urgent safety risk.

Most of the time, a defective automobile is a automobile with a defect or condition that often impares its function, economic value, or safety to the consumer and does not conform to the written warranty. Frequently, the time period in which the Lemon Laws apply are relatively short; the shortcomings and subsequent repair attempts (or out-of-service period of time) usually will happen during the first two-years or 24,000 miles the owner has the car. However, a number of states have even shorter time periods. Additionally, most states have notification and activation prerequisites, such as asking the consumer to send off registered mail notice to the manufacturing business of the faults and giving the dealer an option to repair the motor vehicle. In addition, several states expect that Lemon Law lawsuits be settled through an arbitration process.

Generally, state Lemon Law regulations also apply to leased automobiles and preowned cars bought while under the makers basic warranty. A good number of state Lemon Laws also apply to cars other than passenger automobiles. depending upon the purchaser's home residence, or the state where the consumer purchased the motor vehicle, Lemon Laws may apply to:

-RV's
-Motorcycles
-Boats
-Other consumer goods (such as computers)
There are many powerful resolutions possible under the Lemon Laws. U.S. statesently, if the manufacturing business just can't repair the car, the consumer can either require the manufacturing business to replace the car, or demand the manufacturing business to take the car and repay the original price paid plus incidental damages, including all invoices, towing charges, repair costs, associated travel charges and other damages incurred by the consumer as a consequence of the shortcomings in the vehicle. Another important solution available under most Lemon Laws is attorneys' fees. In most states, if you prevail in a Lemon Law suit, you won't have to pay any laywers' charges-the auto original producer that sold you your lemon is required to pay your attorneys' fees.

The defendant motor vehicle manufacturing business can apply several defenses to a Lemon Law claim. The standard regulation provides that the manufacturer is not guilty if it can demonstrate that the faults in dispute happened due to maltreatment, neglect, or the tampering or alteration of a car by a party other than the original maker, its agent, or its authorized dealer. Restated, if the consumer breaks his or her own car, or the defects were a consequence of changing or alterations performed by an unauthorized party, the original maker may not be guilty.


Federal Lemon Law Statutes
The Magnuson Moss Act
The Magnuson-Moss Warranty Act is the federal law that governs consumer goods warranties. Sanctioned by Congress in 1975, the Magnuson Moss Act requires manufacturing business and sellers of consumer products to provide consumers with comprehensive facts about warranty coverage claims. Additionally, it infects both the rights of customers and the obligations of warrantors under original warranties.

Although the Magnuson Moss Act doesn't call for an vehicle original producer to supply buyers with a warranty, if a warranty is supplied, the Magnuson Moss Act offers some protections for the consumer. The Magnuson Moss Act makes it easier for customers to sue for violating the warranty by making breach of warranty a violation of federal law, and by allowing for customers to recover litigation costs and fair attorneys' charges.

The Magnuson Moss Act is often effective in a lemon lawsuit in which, for some reason, a state Lemon Law claim is not possible or otherwise unfit. For example, unlike the generally short time offered to consumers with most Lemon Laws, you may record a claim for breach of warranty after the warranty period has expired as long as the defects came about during the warranty time period. In addition, although some Lemon Laws limit their coverage to a small list of automobiles, the Magnuson Moss Act applies to near all consumer products. The Magnuson Moss Act could also be applicable if you bought or leased a preowned vehicle without a manufacturer's warranty, or if the vehicle is covered by a third party contract or other variant of extended warranty.


The Uniform Commercial Code
The Uniform Commercial Code (referred to as "UCC") has been enacted in every U.S. state. It is the prime authority of law governing warranties on consumer goods, including vehicles and other items. The UCC affords a legal route for consumers with lemon troubles.

UCC code states that the purchaser of a good is entitled to return product which fail in any respect to the warranty. Therefore, if your brand new automobile doesn't operate as bound by the original maker (your original warranty is part of your agreement), you can have a claim referencing the UCC in addition to any additional claims you may have.

The time period for returning a car with the UCC is not limitless. If you discover a gremlin in your vehicle within a reasonable inspection time period, you can refuse the vehicle. Unfortunately, brand new automobiles are frequently mechanically enigmatic and you might not understand if your item conforms to the consumer warranty till after you acquire the item and troubles start to develop. Therefore, if Long after this inspection period you don't reject the item, you will be pronounced to have approved of it and may have no claim through the UCC.

The duration of the inspection period is not defined in the regulation. The Courts decide how long the reasonable review period is based on the buyer's proficiency and personal experience, the buyer's difficulty in identifying the defect, and the buyer's chance to observe the flaw.

In spite of this restriction, the UCC states that in certain cases where a purchaser is pronounced to have accepted goods (i.e. the reasonable review period has passed), a purchaser may still abrogate his acceptation of those goods where the non-conformity considerably impairs the value of the goods to him. Those instances include suits in which it proves arduous to notice the nonconformity or the purchaser was guaranteed that the non-conformity would be remedied. Re-stated, the court will exempt the purchaser from not having rejected the goods where the purchaser could not have sensibly done so, or where the manufacturer promised the buyer that the problems would be repaired.
Once a automobile excessively fails and you have to keep taking it back to the dealer for repair under the warranty, the automobile lemon law might be your next recourse. The failing must be substantial where it prohibits your driving the automobile or your safety. A automobile stalling constantly would be a substantial failing. This is precisely the type of problem that can diminiah your driving and your safety. Under the automobile lemon law you are not obligated to show why the motor vehicle is stalling, you merely have to show clearly that it is stalling. Put simply you need to look into the lemon law in these three situations: the motor vehicle keeps breaking within the warranty time period, the motor vehicle is a safety hazard, the dealer is unable to recondition the motor vehicle when it is guaranteed.

If you own a vehicle which is a lemon you can directly write to the original producer and ask for another equivalent vehicle. If this demand is not satisfactory to the original producer, you could move into an arbitration arrangement. A few manufacturers incorporate their own arbitration process. Other manufacturers have external arbitration program such as Autoline by the BBB. The proposal of the arbitrators is binding on the original producer but not on the purchaser. If unsatisfied with the assessment, the purchaser can take the original producer to court.

Virtually all regulations state that the customer needs to be returned back to the financial position they were in before they purchased the car, less the measure that the customer benefited from by using the car. To get the refund sum several factors are considered such as was it a sale or a lease, the purchase price, taxes and license, and mileage etc.
Some almost new used vehicles may qualify under basic lemon laws. For example, a pre-owned motor vehicle may fall under normal lemon laws if it is less than one year old and has fewer than 12,000 miles on the odometer. States that do have a used car lemon law might be more generous with the age and measure of mileage. Still, the car has to be sold by a car dealership that extends a warranty. Personal sales aren't regulated, neither are vehicles sold under a specific purchase price. There could be other restrictions to a used car lemon law such as the functions in which the car is driven or the categorization of car. Classic motor vehicles, are ordinarily excluded from pre-owned car lemon laws. Used car lemon laws normally cover a much shorter period than new car laws. They oftentimes range from 30 to 90 days, depending on your used car's mileage.
When finding an attorney for your lemon case, make sure that your lawyer is knowledgeable about the regulations that cover to your state. Also enquire about the fee structure. Many lemon law attorneys need a relatively minor retainer to manage a lemon law claim, and thereafter, the attorney's fees are charged to the original equipment manufacturer. Therefore, lemon law claims are typically very affordable to customers. The reimbursement of attorney expenses varies from state to state. About one-half of the states permit you to recoup your Attorney bills if you win. The lawyer's fee is based on actual time spent rather than being connected to any other share of the recovery. In some States, you will pay the manufacturing business* attorney's invoices if you lose.

Consumers should record their complaints in writing and retain a copy. In any written communication, always make clear how difficult it is to return the motor vehicle to the car dealership for repairs and that the reliability that the customer thought He was acquiring has been non-existent. Any written communication with a dealer or original equipment manufacturer should be sent using certified post. In virtually all instances the manufacturers claim that they haven't had the needed number of endeavors to repair the problem. They depend on the knowledge that the customer doesn't file repair sheets for each instance they have driven the vehicle into the dealership. They also assume on the possibility that the repair sheets have seperate items repaired every instance proving that they haven't fixed the same problem. Consumers should reply by asking that dealers always grant them a warranty repair order. Consumers should also contend that these unrecorded trips are attempts.

Make sure to be aware of your rights under the lemon laws. Upon purchase, immediately page through your owner's folder and warranty references completely, and the reference with respect to lemon law rights that you ought to receive when you buy your car. Don't bet on your car dealership to teach you which problems are covered by warranty. If your car dealership states that a problem isn't covered and you think that he is misleading you, be genteel but self-asserting. Don't be afraid to produce the section of the warranty that applies, or to call the manufacturing business for verification utilizing the contact data included inside your owner's folder. You should not be obliged pay for repairs connected to lemon law complaints. It's also crucial to advise the manufacturing business of a complaint as soon as possible. If you think that your car has a defect that just can not be fixed, check 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.

Pennsylvania Cities:
Choose your City/Zipcode