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.

Basically, the Lemon Laws stipulate that if you buy (and in several states, lease) a brand new or used vehicle or other vehicle with a warranty that is defective, and the original producer just can not restore it even with repeated tries (inside a set time that differs from state to state), or if the product is not usable for a limited time (typically 30 days) because of its shortcomings, you are entitled to a broad number of breaks, inclusive of:

1. Money damages
2. A payback of the original price
3. A new vehicle
Moreover, almost all of the Lemon Laws (and the Federal Warranty Law) have a fee transferring component which states that if you win your lawsuit, the original equipment manufacturer or dealer that sold you the lemon is obliged to repay you for attorneys' bills.


Lemon Law Statutes
State Lemon Law Regulations
Each of the 50 states has a different Lemon Law statute. Even though the attributes of each state's statute are distinct, the average state Lemon Law statute affords help for owners with a broken-down automobile sold with a warranty if:

1. The dealership or original equipment manufacturer just can not actually fix a specific defect in the vehicle after a fair number of repair efforts (usually at least 3);
2. The motor vehicle cannot be driven for at least 30 days due to problems in the vehicle; or
3. The dealer or original equipment manufacturer just can't remedy a problem that is a endangering safety risk.

Typically, a defective car is a car with a problem or affliction that largely impairs its use, marketability, or safety to the consumer and does not maintain the standard of the warranty. Often times, the period during which the Lemon Laws apply are rather short; the defects and resultant repair efforts (or out-of-service period of time) typically must occur during the first 2-years or 24,000 miles the owner has the motor vehicle. However, a number of states have even shorter time periods. Furthermore, many states have notice and trigger prerequisites, such as wanting the consumer to send out registered post notice to the manufacturing business of the shortcomings and affording the dealer an opportunity to repair the motor vehicle. In addition, several states require that Lemon Law claims be solved through an arbitration procedure.

Generally, state Lemon Law ordinances also apply to leased automobiles and used automobiles purchased whilst under the makers original warranty. A lot of state Lemon Laws also apply to automobiles other than passenger cars. depending on the consumer's home residence, or the state where the consumer bought the car, Lemon Laws may be applicable to:

-RV's
-Motorcycles
-Pleasure Boats
-Other consumer products (like televisions)
There are many effective solutions available under the Lemon Laws. Statesten times, if the manufacturer can't repair the motor vehicle, the consumer may either require the manufacturer to replace the vehicle, or demand the manufacturer to take the vehicle and repay the purchase price plus incidental costs, like all expenses, towing charges, repair charges, related transportation costs and other charges incurred by the consumer as a result of the faults in the vehicle. Another important relief possible under most Lemon Laws is legal expenses. In most states, if you win in a Lemon Law lawsuit, you do not have to pay any laywers' charges-the motor vehicle original maker that sold you your lemon is expected to pay for your legal fees.

The defendant car original equipment manufacturer can apply various defenses to a Lemon Law claim. The conventional statute provides that the manufacturing business is not liable if it can demonstrate that the troubles in dispute persisted due to maltreatment, negligence, or the modification or alteration of a car by a party other than the original maker, an agent, or its authorized dealer. In different words, if the consumer damages his or her own car, or the troubles were a consequence of changing or changes carried out by an unauthorized person, the original maker could not be responsible.


Federal Lemon Law Statutes
The Magnuson Moss Act
The Magnuson-Moss Warranty Act is the federal law that regulates consumer goods warranties. Approved by Congress in 1975, the Magnuson Moss Act requires manufacturers and sellers of consumer products to provide consumers with detailed facts about warranty coverage claims. Also, it sets both the rights of public consumers and the obligations of warrantors under original warranties.

Although the Magnuson Moss Act doesn't call for an automobile manufacturer to provide consumers with a warranty, if a warranty is provided, the Magnuson Moss Act offers various protections for the consumer. The Magnuson Moss Act makes it easier for consumers to sue for violating the warranty by making breach of warranty an infraction of federal law, and by permitting purchasers to recoup legal charges and sensible laywers' expenses.

The Magnuson Moss Act is oftentimes beneficial in a lemon case where, for some reason, a state Lemon Law claim is unavailable or otherwise unfit. For instance, divaricate from the generally short period of time provided to consumers within many Lemon Laws, you could record a claim for breach of warranty after the warranty period has passed if the defects came about during the warranty period. Additionally, although a few Lemon Laws limit their coverage benefits to a very specific list of vehicles, the Magnuson Moss Act is relevant to almost all consumer goods. The Magnuson Moss Act could also be applicable if you purchased or leased a preowned car without a manufacturer's warranty, or if the car is covered by a third party agreement or other type of extended warranty.


The Uniform Commercial Code
The Uniform Commercial Code (referred to as "UCC") has been passed in all states. It is the foundational basis of law governing contracts dealing with the sale of products, including cars and other items. The UCC offers an alternative legal course for public consumers with lemon problems.

UCC code stipulates that the consumer of a product is entitled to return product that do not perform in any aspect to the agreement. Essentially, if your recently purchased product doesn't operate as established by the original maker (your manufacturer warranty is part of your consumer agreement), you can file a claim citing the UCC in addition to whatever other claims you may have.

The time for bringing back a motor vehicle with the UCC is not unlimited. If you reveal a deficiency in your motor vehicle within a fair posession time period, you can reject the automobile. Unfortunately, brand new motor vehicles are typically technically complicated and you might not know whether your car conforms to the contract till long after you buy the car and problems start to arise. Basically, if Long after this posession period you fail to return the car, you will be pronounced to have okayed it and will have no claim through the UCC.

The duration of the inspection time period is not specified in the regulation. The Courts decide how long the reasonable inspection period is based on the purchaser's familiarity and past experience, the purchaser's difficulty in noticing the gremlin, and the purchaser's opportunity to identify the deficiency.

In spite of this limitation, the UCC provides that in certain instances where a consumer is deemed to have accepted products (i.e. the reasonable inspection period has expired), a consumer may still disclaim his favorable reception of those goods where the non-conformity often impairs the marketability of the goods to him. Those cases include situations in which it is challenging to see the nonconformity or the consumer was assured that the non-conformity would be repaired. Re-stated, the court will exempt the consumer from not having rejected the goods where the consumer could not have reasonably done so, or where the manufacturer promised the buyer that the problems would be repaired.
Once a motor vehicle excessively breaks down and you have to keep taking it back to the dealer for repair under the written warranty, the car lemon law can be your next refuge. The fault should be significant in which it interferes with your driving the car or your safety. A car stalling often would be a significant fault. This is exactly the type of condition that may hinder your driving and your safety. Under the motor vehicle lemon law you are not expected to show why the automobile is stalling, you only have to prove that it is stalling. Basically you need to check into the lemon law in these 3 instances: the automobile keeps breaking inside the warranty time period, the automobile is a safety hazard, the car dealership is not able to fix the automobile when it is warranted.

If you have a motor vehicle which is a lemon you can immediately write to the manufacturing business and ask for a replacement motor vehicle. If this request is not satisfactory to the manufacturing business, you can start into an arbitration program. A few manufacturing business* have their own arbitration process. Other manufacturing business* have outside arbitration program including Autoline by the Better Business Bureau. The recommendation of the arbitrators is binding on the manufacturing business but not on the owner. If unsatisfied with the proposition, the owner can take the manufacturing business to court.

Virtually all regulations specify that the customer needs to be restored back to the fiscal situation they were in before they purchased the automobile, less the measure that the customer benefited from by using the automobile. To get the refund amount a number of factors 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 basic lemon laws. For example, a pre-owned automobile 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 automobile lemon law will be additionally accommodative with the age and amount of mileage. Still, the automobile has to be sold by a car dealership that provides a warranty. Individual sales aren't regulated, nor are motor vehicles sold under a declared original price paid. There could be other restrictions to a used car lemon law such as the proposes for which the automobile is driven or the classification of automobile. Classic vehicles, are commonly excluded from pre-owned automobile lemon laws. Used automobile lemon laws normally cover a much shorter period of time than new automobile laws. 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 regulations that apply to your state. Also enquire about the fee system. Many lemon law lawyers take a rather minor retainer to manage a lemon law claim, and thereafter, the lawyer's invoices are sent to the maker. Therefore, lemon law claims are oftentimes very inexpensive to public consumers. The reimbursement of lawyer bills varies from state to state. About one-half of the states allow you to recoup your Attorney charges if you win. The attorney's fee is based upon actual time expended instead of being attached to any share of the recovery. In a few States, you must pay the manufacturing business* lawyer's fees if you lose.

Consumers ought to place their concerns in writing and save a copy. In every written correspondence, always describe how taxing it is to take the automobile to the car dealership for corrections and that the dependability that the purchaser believed He was buying has been non-existent. Any written correspondence with a car dealership or maker ought to be sent using certified mail service. In many instances the manufacturing business* claim that they have not had the needed number of endeavors to remedy the defect. They assume on the fact that the purchaser does not retain repair tickets for each occurance they have taken the vehicle into the authorized dealership. They also assume on the possibility that the repair tickets have seperate items repaired each occurance showing that they haven't repaired the same defect. Consumers should reply by asking that dealerships always send them a warranty repair sheet. Consumers ought to also argue that these unwritten trips are efforts.

Make sure to be mindful of your rights under the lemon laws. Upon purchase, immediately scan your owner's folder and warranty info thoroughly, along with the data pertaining lemon law rights which you ought to receive when you choose your automobile. Don't count on your dealership to teach you what defects are covered by warranty. If your dealership states that a defect is not covered and you think that he is decieving you, be civil but assertive. Don't be afraid to go over the segment of the warranty that applies, or to call the manufacturer for confirmation applying the contact information included with your owner's folder. You shouldn't be obliged pay for corrections related to lemon law complaints. It's also crucial to notify the manufacturer of a complaint immediately. If you believe that your car has a problem what just can't be repaired, go over 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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