Robison Lemon Law - Erie, PA

Free Erie, PA Lemon Law Information & Requirements

The Pennsylvania lemon law covers a “new motor vehicle”, defined as a new and unused self-propelled motorized vehicle that:

1. Is driven on public roads, streets or highways;
2. Is designed to transport not more than 15 persons;
3. (a) Was purchased or leased and is registered in Pennsylvania, or (b) was purchased or leased in another state and registered for the first time in Pennsylvania; and
4. Is utilized, leased or bought for use primarily for personal, family or household purposes.

This includes a demonstrator or dealer car, but does not include a motorcycle, motor home or off-road vehicle. The lemon law covers the “purchaser”, defined as a person 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, that is used or bought for use primarily for personal, family or household purposes. To qualify as a “purchaser”, the person must maintain continued ownership and possession of the vehicle, and must never have relinquished title.

Beginning February 11, 2002, “purchaser” also includes a person who has obtained possession of a new motor vehicle by lease, or who has entered into an agreement or contract for the lease of a new motor vehicle that is used, leased, or bought for use primarily for personal, family or household purposes.

The lemon law covers any vehicle “nonconformity”, defined as a defect or condition that substantially impairs the use, value or safety of a new motor vehicle and does not conform to the manufacturer’s express warranty.

A consumer is not entitled to lemon law repurchase or replacement if the nonconformity does not substantially impair the use, value or safety of the motor vehicle, or the 1 Reeves v. Morelli-Hoskins Ford, Inc., 415 Pa. Super. 431, 609 A.2d 828 (Pa. Super. Ct. 1992); Sinnerard

1. Ford Motor Company, 1996 U.S. Dist. LEXIS 8735 (E.D. Pa. 1996).

This information is not intended as legal advice. Please direct specific questions to your legal counsel. Reviewed January 2017 © 2017, Council of Better Business Bureaus, Inc. Pennsylvania

2. Nonconformity is the result of abuse, neglect or modification or alteration of the motor vehicle by the purchaser.

Why Hire an Erie, PA Lemon Law Attorney for Your Lemon Law Case

Now you may be wondering “why should I hire an attorney for my Lemon Law Case?” Although Lemon Law may appear on paper to be in favor of the client and against vehicle proprietors, all is not as it seems. Producers and businesses will challenge a purchaser’s Lemon Law claim with their abundant legal assets. You will be going against large corporations with their high paid attorneys that will fight to get your case thrown out. That’s where we come in.

When you enlist the help of Robison Lemon Law Group, we fight for your case and work to win. For more info, read here!

1) Client Intake

We will assess your case to ensure that the vehicle is no more than 5 years old, and that the defect started within the applicable warranty period. Once we’ve determined that you may have a viable claim, we will send you an initial client packet which will give you further insight into the process and how your case will proceed.

We will also work with you to obtain all the necessary documentation to further evaluate your claim and pursue the matter to the fullest extent.

2) Pre-Litigation Claim Resolution

Some manufacturers require that your claim be submitted to the Better Business Bureau (BBB) or the National Center for Dispute Resolution (NCDS). Our firm will handle the submission of your case to these agencies and follow up on their progress. If the agency finds that your vehicle qualifies for lemon law, our firm will work with the manufacturer to attempt to enforce this decision.

However, it is important to note that the decision made by the agency is not binding on either party, so if we are unable to resolve your case with the manufacturer, or we receive a decision from the agency not in our favor, we still have the right to file a lawsuit.

Our Expert Mechanics Will Help Maximize Your Chances Of Recovery

Other manufacturers have a pre-litigation group which allows us to submit your claim with the manufacturer prior to filing a lawsuit. This can be an effective means to efficiently and quickly resolve the matter with the manufacturer. However, should a resolution not be reached, we will have the right to file a lawsuit on your behalf.

3) Filing Suit

If we cannot settle the claim through the pre-litigation process or the manufacturer does not have a group to contact, we’ll file suit.

The costs of filing suit are paid for by the Robison Lemon Law Group and do not come from our clients as the Lemon Law and Breach of Warranty Statutes include provisions that allow us to recover the costs related to your claim from the manufacturer.

All Cases Reviewed By An Experienced Attorney

An exception to this is any claim that falls solely under the Uniform Commercial Code (UCC). These claims are generally those for commercial vehicles (ie. heavy duty trucks) that are not manufactured for personal use. In these cases, a contingency agreement is signed with our clients.

Under these agreements, our firm retains a percentage of any recovery received to recoup these costs and fees. If no recovery is received, our clients are still not responsible for the payment of these costs and fees.

4) Once a Case is Filed

We zealously work to gather all the necessary documentation to pursue the claim while attempting to resolve the matter with the manufacturer.

It is also important to note that each case is different and not all timelines are the same. Some cases may settle quickly, while others take a bit more time. Either way, throughout the entire process our firm will regularly communicate with you and keep you up to date.

5) Discovery

After the case is filed, we enter the discovery phase. During this time, we collect all the information necessary to pursue your lemon law and/or breach of warranty claim and provide copies of these documents to the manufacturer.

We strongly recommend that if you are still having problems with your vehicle, that you return to the dealership during this time and report the defect. Please be sure to obtain a repair order every time you visit the dealership for a problem.

6) Arbitration

Some states, such as PA and NJ, have an arbitration process that helps resolve many lemon law and breach of warranty claims. Many cases are able to settle prior to attending arbitration, but others may have to go forward.

Arbitration permits both sides to come before neutral legal professionals and argue their case. At this time, you will answer questions related to your claim and explain why your vehicle violates lemon law and/or the breach of warranty statues. An attorney from our group will attend the arbitration with you and walk you through the entire process.

A decision is generally received within seven (7) to ten (10) days after the arbitration. If either side disagrees with the decision, an appeal can be filed within thirty (30) days of the date of the arbitration.

7) Trials

In the unlikely event that your case goes to trial, you must attend along with our experts. Trials generally last 2-3 days.

• 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.