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.

In essence, the Lemon Laws state that if you purchase (and in various states, lease) a brand new or used car or other vehicle under warranty that is extremely unreliable, and the manufacturing business cannot repair it even with duplicated efforts (in a set time that differs from state to state), or if the car is in the shop for a stipulated time period (usually 30 days) due to its shortcomings, you are eligible to a broad range of breaks, inclusive of:

1. Monetary restitution
2. A return of the original price
3. A brand new car
In addition, nearly all the Lemon Laws (as well as the Federal Warranty Law) contain a fee shifting component which states that if you win your case, the manufacturer or dealer that sold you the lemon is obliged to pay your litigation bills.


Lemon Law Statutes
State-specific Lemon Law Regulations
Each of the 50 states has its own Lemon Law statute. Although the protections of each state's statute differ, the average state Lemon Law statute offers compensation for buyers with a unsound automobile purchased with a warranty if:

1. The car dealership or original maker cannot indisputably repair a specific fault in the product after a sensible number of repair efforts (ordinarily at least 3);
2. The vehicle can't be used for at least 30 days due to defects in the motor vehicle; or
3. The dealership or original maker just can't fix a fault that is a endangering safety hazard.

In general, a faulty motor vehicle is a motor vehicle with a problem or affliction that often degrades its use, marketability, or safety to the consumer and doesn't maintain the standard of the warranty. Frequently, the time period during which the Lemon Laws apply are rather short; the flaws and resultant repair efforts (or out-of-service time) generally must take place during the first two-years or 24,000 miles that you own the car. However, a number of states have even shorter periods. Moreover, virtually all states have notice and activation prerequisites, such as expecting the consumer to give registered post notice to the original maker of the troubles and giving the dealership a period to fix the vehicle. Furthermore, numbers of states expect that Lemon Law cases be adjudicated through an arbitration program.

Generally, state Lemon Law regulation codes also are applicable to leased cars and preowned vehicles bought while under the manufacturer's written warranty. A lot of state Lemon Laws also apply to cars other than passenger automobiles. depending on the consumer's home state, or the state where the consumer bought the automobile, Lemon Laws may apply to:

-RV's
-Motorcycles
-Pleasure Craft
-Other consumer goods (like electronics)
There are many effective remedies available under the Lemon Laws. In most instances, if the original maker just can't fix the car, the consumer may either demand the original maker to replace the motor vehicle, or obligate the original maker to reposess the vehicle and payback the original price paid together with incidental costs, including all expenses, towing charges, repair charges, related travel costs and other costs incurred by the consumer as a result of the problems in the vehicle. Another important solution possible under most Lemon Laws is litigation fees. In virtually all states, if you prevail in a Lemon Law case, you won't have to pay any legal fees-the auto original equipment manufacturer that sold you your lemon is forced to pay for your laywers' charges.

The defendant automobile original maker can assert many defenses to a Lemon Law claim. The standard statute extends that the original equipment manufacturer is not responsible if it can prove that the troubles at issue came about because of misuse, negligence, or the alteration or tampering of a car by somone other than the manufacturing business, an agent, or an authorized dealer. Restated, if the consumer damages his or her own automobile, or the troubles were a consequence of modifications or adjustments performed by a third party, the manufacturing business may not be liable.


Federal Lemon Law Statutes
The Magnuson Moss Act
The Magnuson-Moss Warranty Act is the federal law that moderates consumer merchandise warranties. Passed by Congress in 1975, the Magnuson Moss Act requires makers and sellers of consumer commodities to give consumers detailed data about warranty coverage benefits. In addition, it affects both the rights of consumers and the obligations of warrantors under written warranties.

Even though the Magnuson Moss Act doesn't call for an auto maker to provide buyers with a warranty, if a warranty is provided, the Magnuson Moss Act affords a number of protections for the consumer. The Magnuson Moss Act makes it more easy for consumers to sue for breaking the warranty by making breach of warranty an infraction of federal law, and by allowing for consumers to recuperate litigation charges and reasonable attorneys' fees.

The Magnuson Moss Act is typically applicable in a lemon suit in which, for some reason, a state Lemon Law claim is not applicable or furthermore unfit. For instance, unlike the relatively short time period provided to consumers with almost all Lemon Laws, you may bring a claim for breach of warranty after the warranty period has passed if the problems came about during the warranty period. In addition, although a few Lemon Laws restrict their coverage benefits to a narrow group of motor vehicles, the Magnuson Moss Act is relevant to almost all consumer goods. The Magnuson Moss Act may also be applicable if you purchased or leased a expended car without a manufacturing business warranty, or if the car is covered by a third party service contract or other form of extended warranty.


The Uniform Commercial Code
The Uniform Commercial Code (referred to as "UCC") has been passed in all 50 U.S. States. It is the main basis of law regulating warranties on consumer goods, including vehicles and other items. The UCC affords another legal course for customers with lemon problems.

UCC code says that the buyer of a product is entitled to return goods that break in any respect to the agreement. In essence, if your new product doesn't work as bound by the maker (your manufacturer warranty is part of your warranty), you can have a claim referencing the UCC in addition to whatever other claims you might have.

The time for taking back a motor vehicle with the UCC is not unlimited. If you see a gremlin in your car inside a sensible inspection time period, you may refuse the vehicle. Unfortunately, brand new motor vehicles can be frequently technically enigmatic and you might not recognize whether your product conforms to the warranty till long after you purchase the product and problems begin to develop. Fundamentally, if Following this inspection time you don't return the product, you will be pronounced to have o.K.ed it and may have no claim through the UCC.

The duration of the review period is not specified in the statute. State courts decide how long the fair review period is based on the buyer's proficiency and experience, the buyer's trouble in seeing the deficiency, and the buyer's opportunity to come upon the defect.

In spite of this restriction, the UCC says that in certain examples where a buyer is said to have approved of goods (i.e. the fair review time period has expired), a buyer may still repeal his acceptance of those product where the non-conformity substantially cripples the economic value of the product to him. Those examples include cases in which it is arduous to expose the nonconformity or the buyer was assured that the non-conformity would be fixed. Put differently, the court will excuse the buyer from not refusing the product where the buyer could not have fairly done so, or where the manufacturer promised the buyer that the problems would be repaired.
When a auto excessively breaks and you have to keep bringing it back to the dealership for repair under the written warranty, the vehicle lemon law can be your next course of action. The failing ought to be substantive where it hinders your driving the car or your safety. A car stalling constantly is a substantive failing. This is exactly the type of condition that can hinder your driving and your safety. Under the vehicle lemon law you are not expected to establish why the car is stalling, you only have to prove that it is stalling. Essentially you need to check up on the lemon law in these 3 situations: the car keeps breaking down inside the warranty time period, the car is a safety hazard, the car dealership is incapable to repair the car when it is warranted.

If you own a car which is a lemon you can immediately write to the original producer and ask for a replacement car. If this demand is not acceptable to the original producer, you can start into an arbitration process. A few manufacturing business* use their own arbitration process. Other manufacturing business* employ third party arbitration program including Autoline by the Better Business Bureau. The opinion of the arbitrators is binding on the original producer but not on the owner. If unsatisfied with the proposition, the owner can take the original producer to court.

Virtually all ordinances stipulate that the consumer needs to be restored back to the financial situation they were in before they purchased the vehicle, less the amount that the consumer gained from by using the vehicle. To get the payback total several factors are considered such as was it a sale or a lease, the purchase price, taxes and license, and mileage etc.
Some nearly new pre-owned cars will qualify under basic lemon laws. For example, a pre-owned car might 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 may be additionally accommodative with the age and amount of mileage. Still, the car needs to be sold by a car dealership that provides a warranty. Individual sales aren't included, nor are automobiles sold under a declared purchase price. There may be other restrictions to a used car lemon law such as the functions for which the vehicle is pre-owned or the categorization of vehicle. Classic motor vehicles, are commonly excluded from pre-owned car lemon laws. Used car lemon laws ordinarily cover a much shorter time period than brand new car ordinances. They frequently range from 30 to 90 days, depending on your used car's mileage.
When choosing a lawyer for your lemon case, make sure that your lawyer is knowledgeable about the ordinances that cover to your state. Also enquire about the pricing system. Many lemon law lawyers demand a generally modest retainer to manage a lemon law claim, and thereafter, the lawyer's fees are sent to the original maker. Fundamentally, lemon law claims are commonly very inexpensive to purchasers. The reimbursement of lawyer charges differs from state to state. About half of the states provide for you to recuperate your Lawyer expenses if you win. The attorney's fee is based on actual time spent rather than being attached to any other percentage of the recuperation. In many States, you have to pay the manufacturing business* lawyer's charges if you lose.

Consumers ought to put their complaints in writing and retain a copy. In every written communication, always outline how taxing it is to take the motor vehicle to the car dealership for corrections and that the dependability that the purchaser believed She was getting has been non-existent. Any written communication with a dealership or original maker needs to be sent using certified mail. In most claims the manufacturing business* claim that they have not had the necessary number of tries to remedy the defect. They assume on the reality that the purchaser does not keep repair sheets for each occurance they have brought the car into the authorized repair facility. They also rely on the possibility that the repair sheets have different things fixed each period showing that they have not fixed the same defect. Consumers should reply by asking that authorized dealerships always grant them a warranty repair ticket. Consumers ought to also debate that these unwritten visits are efforts.

Make sure to be mindful of your lemon law rights. Upon purchase, immediately read your owner's book and warranty info thoroughly, along with the info pertaining lemon law rights which you ought to obtain when you purchase your motor vehicle. Don't count on your dealer to teach you what defects are covered by warranty. If your dealer states that a defect is not covered and you believe that she is purposely deceiving you, be calm but self-asserting. Don't be scared to produce the section of the warranty that applies, or to call the original maker for confirmation utilizing the contact references included within your owner's book. You shouldn't be obligated pay for repairs related to lemon law complaints. It's also important to notify the original maker of a complaint right away. If you believe that your automobile has a problem which can't be fixed, look 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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