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 simple terms, the Lemon Laws specify that if you buy (and in some states, lease) a brand new or pre-owned car or other car under warranty that is extremely unreliable, and the manufacturer just can't rebuild it in spite of recurrent attempts (within a designated time limit that varies from state to state), or if the automobile is not usable for a fixed time period (usually 30 days) due to its flaws, you are entitled to a broad number of breaks, inclusive of:

1. Money damages
2. A payback of your purchase price
3. A new vehicle
Additionally, just about all the Lemon Laws (and the Federal Warranty Law) incorporate a fee transferring element that provides that if you win your suit, the manufacturing business or dealership that sold you the lemon is expected to pay your court bills.


Lemon Law Statutes
State-specific Lemon Law Regulations
Each of the 50 states has a different Lemon Law statute. Although the wording of each state's statute vary, the conventional state Lemon Law statute extends assistance for consumers with a nonfunctional auto covered by a warranty if:

1. The car dealership or manufacturing business cannot accurately remedy a specific problem in the car after a sensible number of repair tries (ordinarily at least 3);
2. The automobile cannot be driven for at least 30 days due to shortcomings in the car; or
3. The dealer or manufacturing business cannot fix a deficiency that is a considerable safety hazard.

Usually, a bad automobile is a automobile with a problem or trouble that largely cripples its usability, marketability, or safety to the consumer and does not comply with the written warranty. Often times, the period during which the Lemon Laws apply are rather short; the defects and ensuing repair attempts (or out-of-service time) generally will happen during the first two-years or 24,000 miles that you own the motor vehicle. However, a number of states have even shorter periods. Furthermore, virtually all states have notice and initiation requirements, such as expecting the consumer to give registered mail notice to the original equipment manufacturer of the problems and affording the dealer a chance to fix the car. Also, numerous states demand that Lemon Law claims be adjudicated through an arbitration system.

Generally, state Lemon Law regulation codes also apply to leased vehicles and preowned cars bought whilst under the manufacturer's original warranty. A number of state Lemon Laws also apply to vehicles other than passenger automobiles. depending upon the purchaser's state of residence, or the state in which the consumer bought the vehicle, Lemon Laws may be applicable to:

-RV's
-Motorcycles
-Pleasure Boats
-Other consumer products (like computers)
There are many powerful solutions possible under the Lemon Laws. Statesently, if the original equipment manufacturer can't repair the automobile, the consumer can either demand the original equipment manufacturer to replace the automobile, or insist the original equipment manufacturer to take back the automobile and payback the purchase price along with incidental costs, like all fees, towing costs, repair charges, related transportation costs and other damages incurred by the consumer as a result of the flaws in the automobile. Another important resolution available under most Lemon Laws is laywers' fees. In many states, if you win in a Lemon Law case, you won't have to pay any attorneys' bills-the car manufacturer that sold you your lemon is expected to pay for your legal charges.

The defendant automobile original equipment manufacturer can use various defenses to a Lemon Law claim. The standard regulation affords that the manufacturer is not liable if it can demonstrate that the problems in dispute were caused by malevolence, negligence, or the tampering or alteration of a vehicle by somone other than the manufacturing business, its agent, or an authorized repair facility. Restated, if the consumer damages his or her own automobile, or the troubles were a consequence of changing or changes performed by an unauthorized dealer, the manufacturing business might not be liable.


Federal Lemon Law Statutes
The Magnuson Moss Act
The Magnuson-Moss Warranty Act is the federal law that controls consumer goods warranties. Sanctioned by Congress in 1975, the Magnuson Moss Act requires manufacturers and marketers of consumer products to provide consumers itemized data about warranty coverage claims. Additionally, it determines both the rights of customers and the obligations of warrantors under written warranties.

Even though the Magnuson Moss Act doesn't call for an automobile original equipment manufacturer to furnish purchasers with a warranty, if a warranty is furnished, the Magnuson Moss Act extends many protections for the consumer. The Magnuson Moss Act makes it more easy for purchasers to sue for breaking the warranty by making breach of warranty noncompliance of federal law, and by allowing customers to recuperate court charges and fair laywers' charges.

The Magnuson Moss Act is typically relevant in a lemon lawsuit in which, for some reason, a state Lemon Law claim is not applicable or moreover unfavorable. For instance, contrary to the relatively short time provided to customers inside many Lemon Laws, you may file a claim for breach of warranty after the warranty period has expired if the troubles came about during the warranty time period. Also, although a few Lemon Laws restrict their coverage benefits to a narrow offering of automobiles, the Magnuson Moss Act applies to near all consumer goods. The Magnuson Moss Act might also be applicable if you purchased or leased a used vehicle without a manufacturing business warranty, or if the vehicle is covered by a service contract or other variant of extended warranty.


The Uniform Commercial Code
The Uniform Commercial Code (referred to as "UCC") has been ratified in all states. It is the prime basis of law governing contracts dealing with the sale of products, including automobiles and other items. The UCC affords an alternative legal avenue for public consumers with lemon troubles.

UCC code stipulates that the purchaser of a product is entitled to return goods which break in any aspect to the consumer warranty. Essentially, if your recently purchased product doesn't function as bound by the manufacturer (your written warranty is a portion of your warranty), you may have a claim citing the UCC in addition to any other claims you might have.

The time for bringing back a vehicle with the UCC is not unlimited. If you come upon a defect in your vehicle within a sensible review period, you can refuse the motor vehicle. Unfortunately, new motor vehicles are oftentimes technically complex and you may not notice whether your motor vehicle conforms to the agreement till after you purchase the motor vehicle and problems start to come up. So, if Long after this review time you don't return the motor vehicle, you will be stated to have okayed it and will have no claim through the UCC.

The duration of the review time period is not delineated in the regulation. Local courts determine how long the sensible review period is based on the consumer's understanding and personal experience, the consumer's difficulty in observing the flaw, and the consumer's opportunity to discover the flaw.

In spite of this limitation, the UCC stipulates that in certain instances where a consumer is pronounced to have accepted goods (i.e. the sensible review period has expired), a consumer may still rescind his acceptation of those products where the non-conformity substantially degrades the value of the products to him. Those cases include instances in which it was toilsome to identify the nonconformity or the consumer was guaranteed that the non-conformity would be remedied. Re-stated, the court will relieve the consumer from not having rejected the products where the consumer could not have reasonably done so, or where the manufacturer promised the buyer that the problems would be repaired.
When a automobile excessively breaks and you have to keep bringing it back to the dealer for repair under the written warranty, the car lemon law might be your next refuge. The deficiency ought to be substantial in which it impedes your driving the item or your safety. A item stalling for no reason would be a substantial deficiency. This is exactly the type of problem that could stymie your driving and your safety. Under the automobile lemon law you are not obliged to establish why the auto is stalling, you merely have to show clearly that it is stalling. In essence you need to check the lemon law in these three cases: the auto keeps breaking down inside the warranty time period, the auto is a safety hazard, the dealership is unable to recondition the auto when it is warranted.

If you have a car which is a lemon you can immediately write to the original equipment manufacturer and ask for another equivalent car. If this requirement is not acceptable to the original equipment manufacturer, you could enter into an arbitration process. A few manufacturing business* use their own arbitration process. Other manufacturing business* have outside arbitration program like Autoline by the BBB. The recommendation of the arbitrators is binding on the original equipment manufacturer but not on the owner. If unsatisfied with the recommendation, the owner can take the original equipment manufacturer to court.

Virtually all ordinances stipulate that the purchaser must be returned back to the financial situation they were in prior to purchasing the motor vehicle, less the amount of money that the purchaser profited from by using the motor vehicle. To get the refund total many 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 motor vehicles will qualify under regular lemon laws. For example, a pre-owned auto may fall under regular lemon laws if it is less than a year old and has less than 12,000 miles on the odometer. States which do have a pre-owned car lemon law will be extra generous with the age and measure of mileage. Still, the car needs to be sold by a dealership that provides a warranty. Individual sales aren't regulated, nor are vehicles sold under a stated original price paid. There could be other restrictions to a used car lemon law such as the functions in which the motor vehicle is pre-owned or the categorisation of motor vehicle. Vintage automobiles, are commonly excluded from used car lemon laws. Used car lemon laws normally cover a much shorter period than new car ordinances. They oftentimes range from 30 to 90 days, based on your pre-owned car's mileage.
When picking out a lawyer for your lemon case, make sure that your lawyer is knowledgeable about the laws that cover to your state. Also enquire about the fee structure. Many lemon law attorneys assume a relatively humble retainer to cover a lemon law claim, and thenceforth, the lawyer's bills are billed to the original producer. Basically, lemon law claims are oftentimes very inexpensive to public consumers. The reimbursement of attorney bills differs from state to state. About half of the states let you to recover your Lawyer invoices if you win. The attorney's fee is based upon actual time logged instead of being linked to any share of the recuperation. In many States, you must pay the manufacturing business* attorney's invoices if you lose.

Consumers ought to record their charges in writing and save a copy. In all written correspondence, always outline how problematic it is to take the vehicle to the dealer for work and that the reliability that the purchaser thought He was getting has been non-existent. Any written correspondence with a car dealership or original producer ought to be sent using certified postal service. In many claims the manufacturing business* claim that they have not had the needed number of endeavors to fix the defect. They rely on the knowledge that the purchaser doesn't file repair receipts for each time they have brought the automobile into the dealership. They also assume on the fact that the repair receipts have seperate parts fixed each occurance establishing that they have not fixed the same condition. Consumers ought to reply by demanding that sellers always hand them a warranty repair sheet. Consumers ought to also reason that these unrecorded visits are attempts.

Make sure to be mindful of your rights under the lemon laws. Upon purchase, immediately review your owner's booklet and warranty principles completely, as well as the info concerning lemon law rights which you ought to get when you acquire your car. Don't count on your dealership to make clear what problems are covered by warranty. If your dealer states that a condition is not covered and you believe that he or she is being deceptive, be genteel but self-assertive. Don't be frighted to bring out the section of the warranty that applies, or to call the original producer for confirmation using the contact info included in your owner's booklet. You shouldn't have to pay for corrections related to lemon law complaints. It's also crucial to advise the original producer of a complaint straightaway. If you are suspicious that your motor vehicle has a defect that cannot be remedied, check into your lemon law rights to see when you are able to submit a lemon law complaint.

Lemon Law Tips:

1. Take your car in early - as soon as something appears wrong.
2. Hold onto repair orders - Always obtain a work order when you take the vehicle for repairs, and always obtain a completed repair order when work is completed. Be sure the work order reflects your own thoughts and comments regarding your complaints. If the technician summarizes or changes your complaint too much, have that technician add your corrected comments. Sign and receive a copy of the repair Order before leaving.
3. Be consistent in your complaints. Lemon Laws generally require that a manufacturer's authorized repair facility be provided with a reasonable number of opportunities to repair the same problem(s). Therefore, be as consistent as possible on each repeated repair attempt in describing the problem(s) you are having. This will establish that the problem is the same recurring problem, and will make any potential lemon law claim easier to establish and prove.

4. Look for TSBs: Technical Service Bulletins are issued by manufacturers regarding common defects or repairs in certain automobile models. Your dealer will not seek to tell you about TSBs unless you ask. Ask the dealer to make note of your TSB request on the repair order, even if your dealer tells you that none exist for your problem.
5. Watch for bad advice - Dealers and manufacturers personnel, without intending to, frequently practice law by giving you their version of lemon laws. Typically it is wrong and may be detrimental to your case. It doesn't matter whether the reason for this misinformation is unintentional or not. The effect is similar. So check any advice given by the dealer or manufacturer before making any decision that may harm your case.

6. Beware of arbitration - Manufacturers frequently recommend arbitration or even imply that it is a mandatory prerequisite to resolving your problem. Arbitration is neither desirable nor mandatory! And it is absolutely not a prerequisite for making a lemon law demand!
Leading Misconceptions regarding the Lemon Laws

If my case does not qualify for the lemon law there is nothing I can do.
Attorneys regularly take cases that do not meet the lemon law criteria. All purchasers of defective products have a legal right to compensation. They frequently take cases which do meet the mileage or repair criteria of the lemon law, bring them in court, and secure compensation or other relief for the buyer.

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