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.

In simple terms, the Lemon Laws specify that if you acquire (and in most states, lease) a new or pre-owned vehicle or other car covered by a manufacturer's warranty that does not work consistently, and the original producer just can not recondition it even with recurring attempts (within a defined time limit that varies from state to state), or if the car is out of service for a specified period (often 30 days) because of its flaws, you are qualified to a broad number of abuses, including:

1. Money damages
2. A restitution of your purchase price
3. A new car
Additionally, nearly all the Lemon Laws (and the Federal Warranty Law) contain a fee switching mechanism which states that if you win your lawsuit, the original equipment manufacturer or car dealership that sold you your lemon is obliged to pay for attorneys' invoices.


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 are different, the average state Lemon Law statute extends cure to a consumer with a defective vehicle sold with a warranty if:

1. The car dealership or original equipment manufacturer cannot reliably repair a specific failing in the automobile after a fair number of repair tries (normally at least 3);
2. The car cannot be driven for at least 30 days due to defects in the automobile; or
3. The dealership or original equipment manufacturer cannot repair a problem that is a considerable safety risk.

Typically, a bad automobile is a automobile with a condition or affliction that largely impares its drivability, economic value, or safety to the consumer and does not conform to the written warranty. Often times, the period during which the Lemon Laws are applicable are rather short; the defects and consequential repair efforts (or out-of-service time period) typically must take place during the first two-years or 24,000 miles of consumer ownership of the motor vehicle. However, a number of states have even shorter periods. Moreover, virtually all states have notification and activation prerequisites, such as expecting the consumer to give registered post notice to the original maker of the troubles and establishing the car dealership a chance to repair the automobile. Furthermore, most states require that Lemon Law suits be settled through an arbitration program.

Generally, state Lemon Law regulation codes also apply to leased vehicles and preowned vehicles bought whilst under the producers factory warranty. A good number of state Lemon Laws also apply to automobiles other than passenger automobiles. depending on the purchaser's state of residence, or the state where the consumer purchased the car, Lemon Laws may be applicable to:

-RV's
-Motorcycles
-Boats
-Other consumer products (like electronics)
There are many significant resolutions available under the Lemon Laws. Statesently, if the original maker just can not correct the motor vehicle, the consumer can either call for the original maker to replace the motor vehicle, or make the manufacturing business to take back the motor vehicle and repay the price paid together with incidental costs, such as all invoices, towing fees, repair costs, associated transportation charges and other costs incurred by the consumer as a result of the faults in the motor vehicle. Another important remedy possible under most Lemon Laws is laywers' expenses. In most states, if you prevail in a Lemon Law lawsuit, you will not have to pay any laywers' expenses-the car original producer that sold you your lemon is expected to pay your litigation expenses.

The defendant car manufacturing business can implement assorted defenses to a Lemon Law claim. The standard statute affords that the original producer is not responsible if it can show clearly that the flaws in question happened due to misdeed, negligence, or the modification or tampering of a vehicle by anybody other than the original maker, an agent, or its authorized dealer. Put differently, if the consumer maltreats his or her own car, or the problems were a consequence of modifications or adjustments conducted by an unauthorized party, the original maker might not be guilty.


Federal Lemon Law Statutes
The Magnuson Moss Act
The Magnuson-Moss Warranty Act is the federal law that moderates consumer product warranties. Signed by Congress in 1975, the Magnuson Moss Act requires manufacturers and dealers of consumer commodities to provide consumers explanatory info about warranty coverage. Also, it affects both the rights of public consumers and the obligations of warrantors under written warranties.

Although the Magnuson Moss Act doesn't require an vehicle original maker to furnish customers with a warranty, if a warranty is provided, the Magnuson Moss Act extends some protections for the consumer. The Magnuson Moss Act makes it more easy for purchasers to sue for violating the warranty by making breach of warranty a violation of federal law, and by permitting purchasers to recover litigation charges and fair laywers' charges.

The Magnuson Moss Act is often valuable in a lemon suit where, for some reason, a state Lemon Law claim is not applicable or furthermore unfit. For instance, contrary to the relatively short period offered to consumers inside virtually all Lemon Laws, you could bring a claim for breach of warranty after the warranty period has passed as long as the defects happened during the warranty period. Also, although many Lemon Laws limit their coverage benefits to a narrow list of cars, the Magnuson Moss Act is relevant to nearly all consumer items. The Magnuson Moss Act might also be applicable if you purchased or leased a used car without a manufacturing business warranty, or if the car is covered by a third party service contract or other type of extended warranty.


The Uniform Commercial Code
The Uniform Commercial Code (referred to as "UCC") has been enacted in every U.S. state. It is the primary agent of law regulating consumer warranties, including automobiles and other items. The UCC provides an alternative legal avenue for consumers with lemon problems.

UCC code provides that the buyer of a good is entitled to return goods that fail in any sense to the contract. Fundamentally, if your recently purchased motor vehicle does not operate as pledged by the manufacturer (your written warranty is a portion of your contract), you may file a claim referencing the UCC in addition to whatever other claims you might have.

The time for taking back a automobile with the UCC is not unlimited. If you come upon a deficiency in your car within a fair review time period, you may refuse the automobile. Unfortunately, brand new cars are oftentimes technically enigmatic and you may not know if your product conforms to the contract until long after you purchase the product and problems begin to come up. Essentially, if After this review period you fail to take back the product, you will be deemed to have okayed it and might have no claim through the UCC.

The length of the inspection period is not outlined in the statute. Local courts determine how long the reasonable review period is based on the consumer's understanding and experience, the consumer's difficulty in noticing the gremlin, and the consumer's opportunity to reveal the deficiency.

In spite of this restriction, the UCC states that in certain instances where a consumer is alleged to have accepted goods (i.e. the reasonable review time has expired), a consumer may still negate his approval of those product where the non-conformity often impairs the marketability of the product to him. Those examples include situations in which it was laborious to discover the nonconformity or the consumer was told that the non-conformity would be remedied. Put differently, the local court will excuse the consumer from not having rejected the product where the consumer could not have sensibly done so, or where the manufacturer promised the buyer that the problems would be repaired.
Once a auto excessively breaks down and you have to keep taking it back to the dealership for repair under the warranty, the motor vehicle lemon law can be your next course of action. The fault must be substantive where it impedes your driving the automobile or your safety. A automobile stalling constantly is a substantive fault. This is precisely the type of defect that can impair your driving and your safety. Under the car lemon law you are not expected to show why the car is stalling, you merely have to demonstrate that it is stalling. Basically you need to check over the lemon law in these 3 instances: the car keeps dying inside the warranty period, the car is a safety hazard, the dealership is incapable to rebuild the car when it is guaranteed.

If you own a vehicle which is a lemon you can immediately write to the maker and ask for a replacement vehicle. If this demand is not acceptable to the maker, you can start into an arbitration arrangement. A few manufacturers incorporate their own arbitration process. Other manufacturers utilize third party arbitration program such as Autoline by the Better Business Bureau. The proposal of the arbitrators is binding on the maker but not on the owner. If unsatisfied with the proposal, the owner can take the maker to court.

Virtually all laws specify that the customer should be restored back to the financial position they were in prior to purchasing the vehicle, less the measure that the customer profited from by using the vehicle. To get the compensation amount numerous 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 automobiles may qualify under regular lemon laws. For example, a pre-owned car might fall under normal lemon laws if it is less than a year old and has less than 12,000 miles on the odometer. States that do have a pre-owned car lemon law will be additionally cooperative with the age and measure of mileage. Still, the car needs to be sold by a dealer that provides a written warranty. Personal sales aren't governed, neither are automobiles sold under a certain original cost. There could be additional restrictions to a used car lemon law such as the purposes for which the vehicle is used or the categorisation of vehicle. Older vehicles, are ordinarily excluded from pre-owned car lemon laws. Used car lemon laws commonly cover a much shorter period of time than brand new car regulations. They often range from 30 to 90 days, depending on your pre-owned car's mileage.
When selecting an attorney for your lemon case, make sure that your lawyer is knowledgeable about the ordinances that are applicable to your state. Also enquire about the fee system. Many lemon law lawyers need a generally humble retainer to handle a lemon law claim, and subsequently, the lawyer's bills are sent to the manufacturing business. Fundamentally, lemon law claims are usually very affordable to customers. The reimbursement of lawyer fees differs from state to state. About one-half of the states provide for you to recuperate your Lawyer bills if you win. The lawyer's fee is based on actual time logged instead of being tied to any other percentage of the recuperation. In a few States, you must pay the manufacturer's attorney's bills if you lose.

Consumers ought to put their concerns in writing and keep a copy. In every written correspondence, always explain how burdensome it is to take the automobile to the dealership for corrections and that the reliableness that the consumer believed He was acquiring has been non-existent. Any written correspondence with a dealer or manufacturing business must be sent using certified mail. In most cases the manufacturers claim that they have not had the needed number of tries to remedy the condition. They count on the knowledge that the consumer does not have repair tickets for each instance they have brought the car into the authorized repair facility. They also count on the possibility that the repair tickets have different things fixed each period proving that they haven't fixed the same condition. Consumers should reply by demanding that authorized dealerships always send them a warranty repair order. Consumers ought to also indicate that these undocumented trips are efforts.

Make sure to be knowledgeable of your lemon law rights. Upon purchase, immediately scan your owner's booklet and warranty principles thoroughly, and the information on lemon law rights which you should receive when you purchase your vehicle. Don't count on your dealership to identify what defects are covered by warranty. If your dealership states that a condition is not covered and you believe that he or she is decieving you, be polite but surefooted. Don't be afraid to produce the section of the warranty that applies, or to call the manufacturer for substantiation applying the contact information included in your owner's booklet. You shouldn't be obligated pay for work connected to lemon law complaints. It's also important to advise the manufacturer of a complaint as soon as possible. If you believe that your automobile has a condition that cannot be fixed, 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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