Robison Lemon Law - Philadelphia, PA
Is your car experiencing frustrating defects? Are you thinking that you may have bought or leased a lemon? This can not only be an extremely annoying experience, but it can cause significant financial setbacks, too. If you’ve found yourself in a similar scenario, don’t worry – call our lemon law attorneys in Philadelphia, PA today at (844) 214-0997 to schedule a free initial case evaluation. You may also fill out this convenient and secure online form, and we will reach out to you to schedule your no-cost consultation.
Pennsylvania Lemon Law Requirements
Pennsylvania lemon law protects consumers who have purchased or leased a “new motor vehicle” that checks the following boxes:
- Is driven on public roads, streets, or highways;
- Is designed to transport not more than 15 persons;
- (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
- Is utilized, leased, or bought for use primarily for personal, family, or household purposes
- Demonstration cars and dealership cars are included
Note that motorcycles, motorhomes, and off-road vehicles are not included.
Determining If You Have a Pennsylvania Lemon Law Claim
Several terms are associated with lemon law claims and defined by lemon law in PA. Two important terms are “purchaser” and “nonconformity.”
A “purchaser” in PA lemon law is defined as a party who has obtained ownership of a new motorized vehicle either by transfer or purchase, or one who has entered into an agreement or contract to purchase a new vehicle to be used primarily for personal, family, or household use.
To qualify as a “purchaser”, the person must maintain continued ownership and possession of the vehicle, and must never have relinquished title.
In 2002, the definition was extended to protect those who have leased new motor vehicles.
If a 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, has impacted the use, value, or safety of the vehicle, it is subject to protections under the lemon law.
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
- Ford Motor Company, 1996 U.S. Dist. LEXIS 8735 (E.D. Pa. 1996).
The content on our website is not intended to serve as legal advice. Every case is different, so please contact our attorney about your specific legal situation. Reviewed January 2017 © 2017, Council of Better Business Bureaus, Inc. Pennsylvania
- Nonconformity is the result of abuse, neglect or modification, or alteration of the motor vehicle by the purchaser.
You Should Definitely Hire a PA Lemon Law Attorney – Here’s Why
Wondering “should I hire an attorney for my Lemon Law Case?” The answer is a resounding “yes!” While it may seem that the lemon law is written to always protect consumers’ interests over that of manufacturers, that’s not always the case. In fact, manufacturers often have a plethora of financial resources and high-paid attorneys who will fight to ensure that your case is thrown out. This means that your interests aren’t going to be considered or protected without the support of a lemon law attorney.
That’s where the Robison Lemon Law Group comes in. We will fight to make sure that your interests aren’t swept under the rug by the hefty pockets of the manufacturer.
When you enlist the help of Robison Lemon Law Group, we fight for your case and work to win. For more info, read more here!
What’s the Lemon Law Process Like?
Every case is different, so your timeline will depend on the specific facts of your case. Be sure to speak with a knowledgeable lemon law attorney about your case. Here’s a general lemon law process timeline:
- Case evaluation/client intake
- Pre-Litigation Efforts
- Lawsuit Filing
- Discovery Process
- Arbitration
- Trial
Typically, we will get the resolution wrapped up before it has to go to trial, however, your case will depend on the facts involved. Your lemon lawyer will give you a more accurate timeline based on your case once you have been taken on as a client.
Here’s how each phase in the process works:
1. Case Evaluation + Client Intake - In step one, we will evaluate your case for free to ensure that certain legal elements are present. If it turns out that you do have the grounds to file a lemon law claim, we will proceed. First, we’ll send you a detailed initial client packet to provide you with a good understanding of the steps to come based on your specific case.
2. Pre-Litigation Efforts - This step gives us a lot of opportunity to come to a fair resolution with the other side. Sometimes, manufacturers require that we submit a claim through an organization such as 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. Another option is to submit your claim to the internal pre-litigation group that the manufacturer may have. If we cannot reach a fair and appropriate agreement via these channels, we have the legal right to move to the next phase and file a lawsuit.
3. Filing the Lawsuit - If it comes to this, we will file suit to pursue your case to the fullest extent of the law. As a note about the cost of a lawsuit filing, the Robison Lemon Law Group will typically cover associated costs. The Lemon Law and Breach of Warranty Statutes include provisions that allow us to recover the costs related to your claim from the manufacturer. An exception to this includes those claims that fall 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.
4. Discovery - Next, we’ll work to gather the necessary and important information needed to make a strong case for you. If your vehicle is still having issues, we recommend that you continue taking it to the dealership or authorized agent to report the defect. Ensure that you obtain order repair reports each time you visit the dealership.
5. Arbitration - Some states, such as Pennsylvania, allow arbitration as a means to come to a resolution to avoid a trial. Many cases will settle before this point, but if not, arbitration can allow an easier and more efficient route to settle before a trial ensues. This process permits parties to appear before a neutral party to present the details of their case. A third-party decision will usually be reached within 7 to 10 business days. Either party has the right to appeal should they not agree with this decision – Each party will have 30 days to appeal.
6. Trial - if all efforts to come to a fair and appropriate settlement have failed, we will fight for your case at trial. In the unlikely event that your case goes to trial, you must attend along with our experts. Trials generally last 2-3 days.
Are You Protected By Lemon Law in Pennsylvania?
- The vehicle must have had no previous owners.
- The defect must arise prior to the end of the first year of ownership/lease or 12,000 miles on the odometer. Both requirements must be met.
- The defect must remain unrepaired after a reasonable number of repair attempts – this means 4 or more attempts have not fixed the defect or the vehicle has been out of service for a cumulative 30 days or more.
- 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.
About Philadelphia, PA
“The City of Brotherly Love” has a population of 1.6 million, making Philadelphia the largest city in Pennsylvania and the 6th most populous city in the United States. When it comes to the Northeastern Region of the US, Philadelphia is only second to New York City when it comes to population. Founded in 1682 by William Penn, Philadelphia is home to the signing of the Declaration of Independence and played an integral role in the American Revolution. Philadelphia is home to the Liberty Bell, Kimmel Center, Reading Terminal Market, and Pennsylvania’s Convention Center.
Want to learn more about Pennsylvania Lemon Law? Give us a call at (844) 214-0997 or fill out our contact form!
Philadelphia Resources:
Philadelphia Lemon Laws Cases
At Robison Lemon Law Group, we have successfully obtained repurchases or replacement vehicles for consumers who experienced recurring transmission, engine, and suspension failures. While vehicles do not automatically qualify for lemon law protections (no matter how severe the defect), it is important to speak with a lemon law attorney to determine if you have grounds to submit a lemon law claim. Having an experienced attorney by your side ensures that your interests are protected and your claim is enforced to the fullest extent. As time is a crucial component of lemon law cases, contact us today for a free evaluation to best protect your claim.
Talk to an experienced Lemon Lawyer and Get a Free Case Evaluation
Philadelphia Law has requirements in place when you believe your vehicle to be a lemon that must be followed to have the advantage of certain presumptions under the law. The same can be said for New York Lemon Law and Maryland Lemon Law as well.
To make sure each requirement is met, speak with one of our experienced attorneys today, at no cost to you, about how to best pursue your claim.
Schedule a Free Consultation with Our Philadelphia Lemon Law Attorney
Philadelphia Law has requirements in place when you believe your vehicle to be a lemon that must be followed to have the advantage of certain presumptions under the law. The same can be said for New York Lemon Law and Maryland Lemon Law as well.
To ensure that your case meets the necessary threshold for a lemon law claim, speak with one of our experienced attorneys today. We will evaluate your case at no cost to you and advise you about how to best pursue your claim.
Find Out if YOU Qualify for the Lemon Law
Not sure if your car, truck, or motorcycle is a lemon? Find out in seconds using our lemon checker.
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