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.

Put simply, the Lemon Laws state that if you acquire (and in several states, lease) a brand new or used vehicle or other car covered by a manufacturer's warranty that proves to be defective, and the manufacturer can't repair it in spite of consecutive attempts (in a stipulated time limit that fluctuates from state to state), or if the product is not drivable for a defined time (often 30 days) because of its problems, you are entitled to a broad range of damages, including:

1. Money damage settlements
2. A compensation of the cost
3. A brand new vehicle
Moreover, almost all the Lemon Laws (as well as the Federal Warranty Law) feature a fee shifting mechanism which states that if you win your case, the manufacturer or car dealership that sold you your lemon is obligated to pay your litigation expenses.


Lemon Law Statutes
State Lemon Law Regulations
Each of the 50 states has a unique Lemon Law statute. Even though the wording of each state's statute differ, the conventional state Lemon Law statute extends assistance to a consumer with a broken-down motor vehicle sold with a warranty if:

1. The car dealership or manufacturer can't genuinely correct a specific fault in the automobile after a sensible number of repair attempts (normally at least three);
2. The car can't be driven for at least 30 days due to faults in the motor vehicle; or
3. The dealer or manufacturer cannot remedy a problem that is a urgent safety hazard.

Usually, a faulty automobile is a automobile with a problem or condition that frequently degrades its drivability, economic value, or safety to the consumer and doesn't conform to the warranty. Frequently, the period during which the Lemon Laws are applicable are rather short; the faults and ensuing repair attempts (or out-of-service time period) typically 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. Additionally, almost all states have notification and trigger requirements, such as wanting the consumer to send off registered post notice to the manufacturer of the problems and giving the dealership an opportunity to correct the automobile. In addition, various states expect that Lemon Law cases be adjudicated through an arbitration system.

Generally, state Lemon Law regulations also apply to leased automobiles and preowned vehicles purchased whilst under the manufacturing business* basic warranty. A lot of state Lemon Laws also apply to cars other than passenger automobiles. depending upon the customer's state of residence, or the state in which the consumer bought the automobile, Lemon Laws may be applicable to:

-RV's
-Motorcycles
-Boats
-Other consumer products (such as electronics)
There are a number of significant solutions possible under the Lemon Laws. Typically, if the manufacturer just can not correct the automobile, the consumer can either expect the manufacturer to replace the automobile, or obligate the manufacturer to take back the automobile and repay the original cost including incidental costs, like all bills, towing charges, repair costs, related transportation charges and other charges incurred by the consumer as a consequence of the defects in the automobile. Another important solution possible under most Lemon Laws is attorneys' expenses. In almost all states, if you win in a Lemon Law lawsuit, you will not have to pay any attorneys' fees-the auto original equipment manufacturer that sold you your lemon is required to pay attorney's charges.

The defendant auto original producer can use many defenses to a Lemon Law claim. The conventional statute affords that the original equipment manufacturer is not liable if it can show clearly that the troubles at issue were caused by maltreatment, negligence, or the alteration or modification of a car by a party other than the manufacturing business, an agent, or an authorized dealership. In different words, if the consumer breaks his or her own motor vehicle, or the problems were caused by tampering or adjustments executed by an unauthorized dealer, the manufacturing business could not be responsible.


Federal Lemon Law Statutes
The Magnuson Moss Act
The Magnuson-Moss Warranty Act is the federal law that moderates consumer goods warranties. Approved by Congress in 1975, the Magnuson Moss Act requires makers and marketers of consumer items to give customers itemized information about warranty coverage benefits. Also, it affects both the rights of consumers and the obligations of warrantors under original warranties.

Even though the Magnuson Moss Act doesn't demand an car original equipment manufacturer to furnish customers with a warranty, if a warranty is supplied, the Magnuson Moss Act affords several protections for the consumer. The Magnuson Moss Act makes it easier for customers to sue for breach of warranty by making breach of warranty noncompliance of federal law, and by allowing for consumers to recoup legal costs and sensible attorneys' expenses.

The Magnuson Moss Act is oftentimes beneficial in a lemon lawsuit where, for some reason, a state Lemon Law claim is not applicable or moreover disadvantageous. For instance, unlike the relatively short cycle provided to customers with most Lemon Laws, you could bring a claim for breach of warranty after the warranty period has expired if the troubles occured during the warranty period. Furthermore, although many Lemon Laws restrict their coverage benefits to a very specific list of motor vehicles, the Magnuson Moss Act is relevant to virtually all consumer products. The Magnuson Moss Act could also be applicable if you purchased or leased a preowned automobile without a manufacturer's warranty, or if the automobile is covered by a service contract or other form of extended warranty.


The Uniform Commercial Code
The Uniform Commercial Code (referred to as "UCC") has been ratified in all 50 American States. It is the main authority of law governing product warranties, including vehicles and other items. The UCC offers a legal route for public consumers with lemon problems.

UCC code provides that the consumer of a good is entitled to return goods that fail in any sense to the consumer agreement. Fundamentally, if your recently purchased motor vehicle doesn't operate as pledged by the manufacturer (your written warranty is part of your contract), you can file a claim referencing the UCC in addition to whatever additional claims you might have.

The time for returning a motor vehicle with the UCC is not unlimited. If you identify a problem in your car inside a fair review period, you may refuse the motor vehicle. Unfortunately, new vehicles can be oftentimes technically enigmatic and you might not understand whether your product conforms to the consumer warranty until after you acquire the product and troubles start to come up. Thus, if After this review time period you don't take back the product, you will be stated to have approved of it and might have no claim through the UCC.

The length of the inspection period is not delineated in the statute. Local courts determine how long the fair review period is based on the buyer's knowledge and past experience, the buyer's trouble in finding the fault, and the buyer's opportunity to notice the problem.

In spite of this restriction, the UCC stipulates that in certain instances where a consumer is alleged to have accepted goods (i.e. the fair review time period has expired), a consumer can still revoke his favorable reception of those products where the non-conformity considerably impares the economic value of the products to him. Those examples include cases in which it proves toilsome to discover the nonconformity or the consumer was told that the non-conformity would be remedied. Put differently, the court will excuse the consumer from not rejecting the products where the consumer could not have fairly 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 taking it back to the dealer for repair under the written warranty, the automobile lemon law might be your next recourse. The defect must be substantial where it impedes your driving the car or your safety. A car stalling frequently is a substantial defect. This is exactly the type of problem that can hinder your driving and your safety. Under the motor vehicle lemon law you are not required to indicate why the automobile is stalling, you simply have to verify that it is stalling. Put simply you need to check the lemon law in these three cases: the automobile keeps failing inside the warranty period, the automobile is a safety hazard, the dealer is not able to restore the automobile when it is guaranteed.

If you own a vehicle which is a lemon you can directly write to the maker and ask for a replacement vehicle. If this request is not satisfactory to the maker, you could move into an arbitration arrangement. A few manufacturing business* use their own arbitration program. Other manufacturing business* employ outside arbitration program including Autoline by the BBB. The proposal of the arbitrators is binding on the maker but not on the owner. If unsatisfied with the recommendation, the owner can take the maker to court.

Virtually all laws specify that the owner ought to be restored back to the fiscal status they were in before they purchased the car, less the sum that the owner gained from by using the car. To get the repayment sum various factors 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 may qualify under basic lemon laws. For example, a pre-owned automobile may fall under normal lemon laws if it is less than a year old and has got fewer than 12,000 miles on the odometer. States which do have a used automobile lemon law will be more accommodative with the age and amount of mileage. Still, the car needs to be sold by a car dealership that provides a warranty. Private sales aren't governed, nor are cars sold under a stated price paid. There might be other restrictions to a used car lemon law such as the purposes in which the car is utilized or the classification of car. Vintage motor vehicles, are usually excluded from used car lemon laws. Used car lemon laws commonly cover a much shorter period of time than new car laws. They frequently range from 30 to 90 days, depending on your used vehicle's mileage.
When selecting an attorney for your lemon case, make sure that your lawyer is knowledgeable about the ordinances that cover to your state. Also enquire about the fee program. Many lemon law lawyers require a relatively humble retainer to cover a lemon law claim, and thereafter, the attorney's invoices are charged to the manufacturer. Essentially, lemon law claims are usually very affordable to purchasers. The reimbursement of lawyer charges differs from state to state. About half of the states permit you to recoup your Lawyer fees if you win. The lawyer's fee is based on actual time logged rather than being bound to any percent of the recuperation. In many States, you will pay the manufacturer's attorney's fees if you lose.

Consumers ought to put their concerns in writing and save a copy. In any written communication, always describe how taxing it is to bring the vehicle to the dealer for repairs and that the reliability that the customer thought He was purchasing has been non-existent. Any written communication with a dealer or manufacturer ought to be sent using certified mail service. In virtually all situations the manufacturing business* claim that they have not had the required number of attempts to repair the problem. They assume on the knowledge that the customer doesn't keep repair sheets for each time they have taken the auto into the dealership. They also bet on the fact that the repair sheets have different items repaired every instance establishing that they have not fixed the same condition. Consumers ought to respond by expecting that sellers always present them a warranty repair ticket. Consumers should also contend that these unwritten trips are tries.

Make sure to be cognisant of your lemon law rights. Upon purchase, immediately scan your owner's booklet and warranty references completely, as well as the facts on lemon law rights that you should receive when you purchase your car. Don't rely on your dealer to describe which troubles are covered by warranty. If your dealer states that a condition is not covered and you believe that he is misleading you, be polite but surefooted. Don't be afraid to point out the segment of the warranty that is relevant, or to call the original equipment manufacturer for verification utilizing the contact references included with your owner's booklet. You should not be obligated pay for work related to lemon law complaints. It's also important to notify the original equipment manufacturer of a complaint promptly. If you believe that your car has a problem which 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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