Pennsylvania’s lemon laws protect consumers who lease or purchase a new vehicle. 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.
How Pennsylvania Defines What a Lemon Car Is
It is important to note that only new motor vehicles are covered under Pennsylvania lemon laws. Used cars are not covered. To be defined as a lemon car in Pennsylvania, the vehicle must:
- Be driven on public roads, streets or highways.
- Be designed to transport no more than 15 persons.
- The motor vehicle must be for personal use, either for family or household purposes.
Watch Attorney Emma Robison explain the Pennsylvania Lemon Law:
PA Lemon Law Requirements
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.
Breach of Warranty in PA
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.
Exceptions to PA State Lemon Law and Breach of Warranty
A claim for lemon law must be filed within 4 years after the purchase or lease of the vehicle. There are exceptions to this rule that state that the 4 years starts when the consumer knew or should have known of the breach.
- Commercial vehicles, motorcycles, motor homes and off-road vehicles are not included under lemon law, but may be covered under breach of warranty.
- Extended warranties and service contracts are excluded from breach of warranty claims. The issue must be covered under the original manufacturer’s warranty.
Pennsylvania Lemon Law Cases
The Robison Lemon Law Group has litigated lemon law cases for vehicles with no-start conditions, electrical defects and engine failures, to name a few. In PA, if your vehicle is determined to be a lemon, you may have your vehicle repurchased or replaced. However, the defect must arise very early on in the vehicle’s life, so you want to be sure to have every issue documented within the appropriate time period. Consult an attorney, for free, today to protect your rights.
Talk to an experienced Lemon Lawyer in Pennsylvania and Get a Free Case Evaluation
Pennsylvania’s lemon law requires that the defect in your vehicle arise very early on in your vehicle’s life, so it’s important not to delay when your car starts to show signs of a problem. The same goes for New York Lemon Law, New Jersey Lemon Law, and Maryland Lemon Law.
Even if the dealership is unable to duplicate the defect, it is important to get a repair order and document each and every visit. This may sound easy, but certain situations may make this more difficult than it seems. Consult one of our experienced attorneys at no cost to you to learn how to combat any hurdles you may experience in attempting to have your car repaired.
Find Out if YOU Qualify for the Lemon Law
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