Pennsylvania Lemon Law Firms and the Pennsylvania lemon law code.

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.

Primarily, the Lemon Laws stipulate that if you purchase (and in various states, lease) a brand new or used car or other vehicle under warranty that struggles to consistently run after repair attempts, and the manufacturing business can't repair it in spite of recurrent attempts (within a set time that differs from state to state), or if the motor vehicle is out of service for a defined period (generally 30 days) due to its troubles, you are eligible to a broad number of damage settlements, inclusive of:

1. Monetary restitution
2. A compensation of your purchase price
3. A brand new car
Also, nearly all the Lemon Laws (and the Federal Warranty Law) incorporate a fee changing element that provides that if you win your case, the original equipment manufacturer or car dealership which sold you your lemon is obligated to pay court fees.


Lemon Law Regulations
State Lemon Law Statutes
Each of the 50 states has a unique Lemon Law statute. Although the wording of each state's statute differ, the average state Lemon Law statute offers cure for buyers with a broken-down auto covered by a warranty if:

1. The dealer or original equipment manufacturer just can not rightly fix a specific flaw in the vehicle after a sensible number of repair attempts (commonly at least 3);
2. The car cannot be used for at least 30 days due to shortcomings in the automobile; or
3. The dealership or original equipment manufacturer just can't correct a gremlin that is a urgent safety hazard.

Most of the time, a bad motor vehicle is a motor vehicle with a condition or condition that largely impairs its use, marketability, or safety to the consumer and does not maintain the standard of the warranty. Typically, the period of time during which the Lemon Laws apply are relatively short; the flaws and subsequent repair efforts (or out-of-service time period) typically must occur during the first two-years or 24,000 miles of consumer ownership of the automobile. However, a number of states have even shorter periods. Additionally, almost all states have notice and activation prerequisites, such as wanting the consumer to send off registered post notice to the original equipment manufacturer of the defects and establishing the dealer an opportunity to repair the car. Furthermore, numerous states expect that Lemon Law cases be adjudicated through an arbitration system.

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

-RV's
-Motorcycles
-Boats
-Other consumer products (like electronics)
There are many powerful resolutions possible under the Lemon Laws. US Statesally, if the manufacturing business just can not correct the car, the consumer may either require the manufacturing business to replace the vehicle, or force the manufacturing business to reposess the vehicle and return the original cost plus accompanying damages, including all charges, towing costs, repair charges, related transportation costs and other charges incurred by the consumer as a result of the problems in the vehicle. Another important solution possible under most Lemon Laws is legal expenses. In almost all states, if you prevail in a Lemon Law case, you will not have to pay any laywers' fees-the motor vehicle original equipment manufacturer that sold you your lemon is expected to pay legal bills.

The defendant auto original producer can employ many defenses to a Lemon Law claim. The standard regulation affords that the maker is not responsible if it can demonstrate that the defects in question happened due to malevolence, neglect, or the modification or alteration of a automobile by a party other than the original producer, an agent, or an authorized repair facility. In other words, if the consumer abuses his or her own motor vehicle, or the troubles were caused by tampering or adjustments performed by an unauthorized party, the original producer may not be responsible.


Federal Lemon Law Statutes
The Magnuson Moss Act
The Magnuson-Moss Warranty Act is the federal law that governs consumer product warranties. Approved by Congress in 1975, the Magnuson Moss Act requires manufacturers and sellers of consumer items to give consumers itemized facts about warranty coverage benefits. Additionally, it sets both the rights of customers and the obligations of warrantors under manufacturer warranties.

Even though the Magnuson Moss Act does not require an vehicle manufacturer to supply customers with a warranty, if a warranty is provided, the Magnuson Moss Act affords some protections for the consumer. The Magnuson Moss Act makes it easier for purchasers to sue for not honoring the warranty by making breach of warranty noncompliance of federal law, and by allowing customers to recoup legal charges and reasonable laywers' expenses.

The Magnuson Moss Act is frequently useful in a lemon case where, for some reason, a state Lemon Law claim is not available or moreover unsuited. For instance, divaricate from the generally short period provided to purchasers with virtually all Lemon Laws, you could record a claim for breach of warranty after the warranty period has passed as long as the troubles happened during the warranty period. Also, although a few Lemon Laws restrict their coverage benefits to a very specific group of automobiles, the Magnuson Moss Act is relevant to near all consumer products. The Magnuson Moss Act may also be applicable if you purchased or leased a preowned vehicle without a manufacturing business warranty, or if the vehicle is covered by a third party agreement or other variant of extended warranty.


The Uniform Commercial Code
The Uniform Commercial Code (referred to as "UCC") has been passed in every state. It is the foundational basis of law regulating contracts dealing with the sale of products, including motor vehicles and other items. The UCC affords a legal avenue for consumers with lemon problems.

UCC code states that the consumer of a good is entitled to return product that fail in any respect to the agreement. In essence, if your recently purchased vehicle doesn't function as pledged by the maker (your manufacturer warranty is part of your contract), you can file a claim referencing the UCC in addition to whatever other claims you might have.

The time for returning a car with the UCC is not limitless. If you find a fault in your vehicle within a sensible inspection period, you may reject the automobile. Unfortunately, new motor vehicles can be often technically enigmatic and you might not notice if your car conforms to the consumer warranty till after you buy the car and defects begin to develop. So, if After this inspection time period you don't return the car, you will be pronounced to have accepted it and will have no claim through the UCC.

The duration of the inspection time period is not outlined in the statute. State courts determine how long the fair review period is based on the consumer's understanding and past experience, the consumer's trouble in identifying the flaw, and the consumer's chance to find the gremlin.

In spite of this limit, the UCC provides that in certain examples where a buyer is stated to have accepted products (i.e. the fair review time has passed), a buyer can still take back his approval of those product where the non-conformity often cripples the marketability of the product to him. Those instances include examples in which it was difficult to detect the nonconformity or the buyer was ensured that the non-conformity would be remedied. In other words, the local court will excuse the buyer from not rejecting the product where the buyer could not have sensibly done so, or where the manufacturer promised the buyer that the problems would be repaired.
When a car excessively breaks down and you have to keep bringing it back to the dealer for repair under the written warranty, the motor vehicle lemon law can be your next course of action. The flaw must be significant where it intereferes with your driving the motor vehicle or your safety. A motor vehicle stalling often would be a significant flaw. This is precisely the type of defect that can stymie your driving and your safety. Under the vehicle lemon law you are not obligated to establish why the car is stalling, you just have to demonstrate that it is stalling. Essentially you need to check out the lemon law in these 3 situations: the car keeps dying inside the warranty time period, the car is a safety hazard, the dealership is not able to correct the car when it is guaranteed.

If you own a product which is a lemon you can immediately write to the original producer and ask for a replacement product. If this requirement is not satisfactory to the original producer, you could move into an arbitration program. A few manufacturing business* have their own arbitration process. Other manufacturing business* utilize third party 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 judgment, the purchaser can take the original producer to court.

Virtually all laws specify that the consumer must be returned back to the financial status they were in prior to purchasing the automobile, less the amount of money that the consumer benefited from by using the automobile. To get the repayment sum numerous components are considered such as was it a sale or a lease, the purchase price, taxes and license, and mileage etc.
Some virtually new pre-owned vehicles may qualify under normal 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 used car lemon law might be more cooperative with the age and measure of mileage. Still, the car has to be sold by a dealer that extends a written warranty. Individual sales aren't included, neither are vehicles sold under a specific original cost. There could be additional restrictions to a used car lemon law such as the functions for which the automobile is pre-owned or the categorization of automobile. Older cars, are ordinarily excluded from pre-owned car lemon laws. Used car lemon laws usually cover a much shorter period than brand new car regulations. They oftentimes range from 30 to 90 days, depending on your used car's mileage.
When finding a lawyer for your lemon case, make sure that your lawyer is knowledgeable about the ordinances that are applicable to your state. Also enquire about the pricing program. Many lemon law lawyers need a rather humble retainer to cover a lemon law claim, and subsequently, the lawyer's bills are sent to the original maker. Basically, lemon law claims are commonly very affordable to purchasers. The reimbursement of lawyer fees differs from state to state. About half of the states provide for you to recuperate your Lawyer expenses if you win. The lawyer's fee is based on actual time expended rather than being attached to any share of the recuperation. In a select few States, you must pay the manufacturing business* attorney's fees if you lose.

Consumers ought to register their charges in writing and retain a copy. In every written correspondence, always outline how difficult it is to take the car to the car dealership for corrections and that the reliableness that the buyer believed He was getting has been non-existent. Any written correspondence with a dealer or original maker must be sent using certified postal service. In many lawsuits the manufacturing business* claim that they have not had the necessary number of efforts to remedy the condition. They rely on the knowledge that the buyer does not have repair receipts for each instance they have brought the auto into the repair facility. They also bet on the fact that the repair receipts have seperate parts repaired every instance proving that they have not fixed the same problem. Consumers should respond by asking that authorized dealerships always grant them a warranty repair order. Consumers should also indicate that these undocumented visits are tries.

Make sure to be aware of your lemon law rights. Upon purchase, immediately scan your owner's folder and warranty principles entirely, as well as the information pertaining lemon law rights that you ought to obtain when you purchase your automobile. Don't bet on your dealer to tell you which problems are covered by warranty. If your dealer states that a problem is not covered and you believe that he is purposely misleading you, be civil but confident. Don't be afraid to point out the part of the warranty that applies, or to call the manufacturing business for verification using the contact info included inside your owner's folder. You shouldn't have to pay for repairs linked to lemon law complaints. It's also important to give notice the manufacturing business of a complaint as soon as possible. If you are suspicious that your motor vehicle has a condition what just can't be repaired, check out your lemon law rights to see when you are able to bring 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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