Consumer Rights & Lemon Law Guide
The lemon laws work to ensure that if you purchase a faulty vehicle with a significant defect, you can return it for a refund of your purchase price or the replacement of your motor vehicle with one of equal or greater MSRP. There are certain caveats that must be followed, so it is important to seek legal guidance. The lemon laws also provide for the payment of attorney fees and costs should you prevail, so there’s no reason not to contact one of our experienced attorneys today for a free consultation.
Pennsylvania Lemon Law Statute
New Car Lemon Law
- The vehicle must be purchased or leased new. Meaning no prior owners.
- The defect must arise prior to the end of the first year of ownership/lease or 12,000 miles on the odometer.
- If a vehicle is less than a year old but has more than 12,000 miles when the defect first occurs, you cannot qualify for lemon law and vice versa.
- Both requirements must be present.
- The defect must be unable to be repaired within a reasonable amount of time or a reasonable number of repair attempts.
- It is presumed that it has been an unreasonable amount of time to repair a car if it is out of service a cumulative total of 30 days or greater.
- An unreasonable number of attempts is three visits to the dealership and the problem continues to exist.
- The safety of the vehicle, its use, or its value must be substantially impaired by the problem.
- All repairs must be performed at an authorized dealership.
Pennsylvania Lemon Law Cases
Breach of Warranty is very similar to lemon law, however, the requirements are less strict.
- The defect is only required to arise within the manufacturer’s original warranty period.
- The defect must be unable to be repaired within a reasonable amount of time or number of attempts.
There is no real definition of either, but it is generally considered to be 30 cumulative days out of service or 3 or more visits to the dealership.
The nonconformity can be anything – it does not have to impair the vehicle’s safety – it simply has to be a warrantable defect that either cannot be or was not repaired in a reasonable amount of time.
Even if the problem is ultimately fixed, you may still have a claim if it took them too long to repair it.
Pennsylvania Lemon Law FAQ
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