Pennsylvania Lemon Law protects consumers with new cars (purchased or leased) that are suffering from a defect. Unlike auto fraud law, where the dealership is the one at fault, Lemon Law applies directly to the vehicle manufacturer. If you win the lawsuit, Pennsylvania Lemon Law requires that the manufacturer pay for your attorney. If you prevail, manufacturer’s payment of attorney fees is in addition to the money you may also be eligible for – such as a full refund, a replacement, or cash compensation.
Pennsylvania law defines a “lemon” as any new or leased car, truck, van, or SUV that meets all of the following criteria:
- The vehicle has received 3 or more repair attempts to the same and substantially related issue (or the vehicle has been out of service for more than 30 calendar days);
- The first repair attempt was before the vehicle was a year old;
- The first repair attempt was made in the first 12,000 miles;
- The defect substantially impairs the safety, use, or value of the vehicle; and
- The vehicle is used primarily for family or residential use.
New car buying is a significant ‘big ticket item’ investment for consumers. Vehicle transactions have significant impact on the dealer’s bottom line as well. Dealers will fight to keep their margins profitable. Even so, if the dealer or manufacturer attempts to limit or disclaim the rights set forth in the lemon law, it won’t stand up in court. The provisions of the lemon law may not be waived. (‘Lemon’ principles do not apply to used cars, motorcycles, or mobile homes).
Put the squeeze on your lemon.
Success in a lemon law case depends upon keeping good records, understanding what you are entitled to, and knowing your rights. Documentation is critical: from purchase (such as bill of sale, pink slip, financial paperwork, warranties) to service and repair (such as work orders). Experienced legal representation is also important. Lemon Law complaints in Pennsylvania can include counts under the Magnuson-Moss Warranty Improvement Act (MMWA), the Uniform Commercial Code (UCC), and Pennsylvania’s Unfair Trade Practices and Consumer Protection Law.
Defective car doesn’t qualify as a lemon because it was used, sold ‘as is’ or was certified pre-owned? Don’t give up. If you purchased a used car in Pennsylvania and the vehicle is defective, you may still be protected under other laws.
Lemon, Warranty claim, or Fraud claim – we know your rights and value your hard-earned dollar. Give us a call today for a free telephone consultation.