Free Pennsylvania Lemon Law FAQs | Free Pennsylvania Lemon Law Legal Documents

How Long Is The Pennsylvania Lemon Law Warranty Period?

Tue, 29 May 2007 21:19:00 GMT

The Lemon Law applies to problems or defects that are discovered within:

One year after delivery of the vehicle to the buyer; or
The first 12,000 miles; or
The term of the manufacturers warranty , whichever occurs first.

You must notify the manufacturer of the problem or defect in writing during the warranty period.

I Think I Have A Lemon, What Do I Do?

Tue, 29 May 2007 21:19:00 GMT

You must bring the car to a manufacturerauthorized service center or dealer for repair. If the car cannot be delivered:

You must notify the manufacturer in writing; and
The manufacturer must, at its own expense:
- Service the vehicle where it is located;
- Pick up the vehicle for servicing; or
- Arrange for someone else to pick up the vehicle and repair it.

Under What Conditions Do I Qualify For A Refund Or Replacement?

Tue, 29 May 2007 21:19:00 GMT

A buyer cannot get a refund or replacement of the vehicle unless the manufacturer has been unable to correct the problem after a reasonable number of attempts.

The manufacturer has failed to correct a problem if it still exists after:

Three repair attempts; or
The vehicle has been out of service (due to the problem) for a total of 30 days.
- Whenever the vehicle is returned for service or repair, the manufacturer or dealer must provide an itemized statement of all work performed, including parts and labor.

The buyer then has the option to:

Get a comparable new car from the manufacturer of equal value; or
Return the vehicle for a refund of the full purchase price, including all costs paid by the buyer (such as taxes, tags, and delivery fees).
- A reasonable deduction or offset is subtracted from the price to account for the buyers use of the vehicle. This cannot be more than ten cents per mile driven or 10% of the vehicles purchase price, whichever is less.
- The manufacturer must pay any refund within 30 days.

What Arbitration Programs Are Available To Me?

Tue, 29 May 2007 21:19:00 GMT

Manufacturer Sponsored Arbitration
Many manufacturers sponsor arbitration programs to hear and make decisions about consumer warranty problems. An owner with a defective vehicle must contact the manufacturer`s representative listed in the owner`s manual to try to solve the problem.

An owner may agree to resolve a problem through arbitration.
The arbitrator`s decision is binding on the manufacturer, but not the owner.
Owners may still pursue their Lemon Law rights through a lawsuit if not satisfied with an arbitration decision.

If the manufacturer sponsors an arbitration program, it must be used before a Lemon Law lawsuit can be filed in Pennsylvania.

State Arbitration
Some states sponsor an arbitration program that can be used if a particular manufacturer has no program of its own, or if the buyer is not satisfied with the result of manufacturersponsored arbitration.

Pennsylvania does not have its own arbitration program.

What Defects Are Covered Under The Lemon Law?

Tue, 29 May 2007 21:19:00 GMT

The Lemon Law applies to any defect, problem, or condition that substantially impairs a vehicles use, value, or safety.

The Lemon Law does not apply to any defect or problem due to:

Abuse or neglect by the owner; or<
Unauthorized modifications or alterations to the vehicle by anyone other than the manufacturer or a dealer.

What If I Am Not Satisfied With The Arbitration Results?

Tue, 29 May 2007 21:19:00 GMT

If you are not satisfied with the results of arbitration, or if arbitration was not available or could not be used, you can file a lawsuit against the manufacturer in court.

In Pennsylvania, Lemon Law cases must be filed in with the Court of Common Pleas. In addition to being awarded damages to cover repair or replacement, you may also recover reasonable attorney`s fees and all court costs if the court rules in your favor.

What Must A Seller Give Me When I Buy A New Car?

Tue, 29 May 2007 21:19:00 GMT

The seller of a new car must give you:

A copy of the Buyers Rights; and
A list of the manufacturers zone offices, with their addresses and phone numbers.

What Vehicles Are Covered Under The Lemon Law?

Tue, 29 May 2007 21:19:00 GMT

The Pennsylvania Automobile Lemon Law applies to any new vehicle purchased and registered in Pennsylvania for personal or family use and designed to transport up to 15 persons. Motorcycles, motorhomes and offroad vehicles are not included.

Under the law, the manufacturer must, at no cost to the purchaser, repair or correct any defect which substantially impairs the use, value or safety of the vehicle and which occurs within one year after delivery, or 12,000 miles of use, or the term of the manufacturers express warranty, whichever comes first.

If the defect cannot be repaired after three (3) attempts, or if the vehicle is out of service for a total of 30 calendar days for repair, you may be eligible for a replacement vehicle or the refund of the purchase price, less a limited allowance for use.

First, contact the manufacturer`s zone representative at the telephone number listed in your owner`s manual. If the zone representative is not successful in having the defect corrected, you may request an arbitration of your case through the manufacturer`s dispute settlement program if one exists.

The arbitration decision is binding on the manufacturer, but not on the consumer, who may proceed further by bringing a private lawsuit.

If the manufacturer has not established an appropriate dispute resolution procedure, you may initiate a legal action at the outset.

Some important requirements of the law are:

You are responsible for delivering the vehicle to the manufacturer`s authorized repair facility unless it would be unreasonably difficult to do so. In that case, you must give written notice to the manufacturer so that arrangements can be made for transporting the vehicle, at no expense to you, to a repair site.
Each time your vehicle is repaired, the repair facility must give you a detailed statement itemizing all repairs made, and the cost of parts and labor.
Your rights under this law will not apply if the defect is the result of your abuse, neglect or alteration of the vehicle.

If a vehicle has been returned to the manufacturer for defects, it may not be resold in Pennsylvania unless the manufacturer provides the consumer with:

A written statement that the vehicle was returned because of a defect which was not cured within a reasonable time, and
The same express warranty provided originally, except that it may last only for 12,000 miles or 12 months after the resale date.

Vehicles with defective braking or steering systems likely to cause death or serious bodily injury if driven may not be resold in Pennsylvania.

The following table summarizes what is covered, how many times the vehicle has to be repaired for the same defect and the warranty period.

Vehicles Covered

Repair Interval and Coverage Period

Vehicles used primarily for personal, family or household purposes except motor homes, motorcycles, and offroad vehicles.

3 repair attempts or 30 calendar days out of service

Warranty period, 1 year or 12,000 miles.

Note:

Generally, the term Repair Attempts, as it relates to Lemon Law, refers to one or more attempts to fix the same defect although some states consider a vehicle to be a lemon if it required the specified number of repairs within the coverage period.

A car is out of service while being repaired or waiting for parts.

Warranty Period refers to the Manufacturer`s Express Warranty. Where the Coverage Period lists more than 1 option, the period applies to that option which occurs first.

This is only a summary, to get the complete Lemon Law Statute select your state from the combo box menu on the right side of this page, and click Get Statute.

Where Can I Get More Information About The Lemon Law?

Tue, 29 May 2007 21:19:00 GMT

Office of the Attorney General
Commonwealth of Pennsylvania
Strawberry Square
Harrisburg, PA 17120
www.attorneygeneral.gov/ppd/bcp/index.htm

Pennsylvania Bar Association
100 South Street
P.O. Box 186, Harrisburg, PA 171080186
Lawyer Referral Service: 8006927375 or 7172386807
www.pabar.org

Center for Auto Safety (CAS)
2001 S Street NW
Washington DC 200091160
2023287700
www.autosafety.org
CAS is a non profit consumer group specializing in auto issues. They can help you find out about safety recalls, Lemon Law, secret warranties, and other general information.

Car Talk Car Reports:
You might want to run a Car Talk Car Report (http://cartalk.cars.com/Tools/carreport.pl) on your car, to see if there have been any recalls, Technical Service Bulletins, or a large number of complaints on file relating to your particular problem.

National Highway Traffic Safety Administration (NHTSA)
400 Seventh Street SW, Washington, DC 20590
Auto Safety Hotline: 8004249393
NHTSA can give you information on the safety recall history of your vehicle.

Free Lemon Law Attorney FAQs

Fri, 27 Nov 2009 21:31:42 GMT

Free Lemon Law Attorney FAQs