The PA Lemon Law
The PA Lemon Law is a Pennsylvania Law that protects purchasers of defective motor vehicles. The PA Lemon Law applies to new model vehicles that are registered for personal use in Pennsylvania, and can apply to cars, trucks, vans or SUVâs. The Lemon Law sets forth protections and rights for the purchaser of a new vehicle which exhibits defects or non-conformities.
If it is found that a new vehicle has defects or non-conformities that substantially affect the use, value or safety of the vehicle, and the dealer or manufacturer cannot repair those defects, the vehicle will be found to be a âlemonâ. The first occurrence of the defect must occur within the first 12000 miles, and the dealer/manufacturer must be placed on notice that the defect exists. There is a supposition in Pennsylvania that the dealer/manufacturer must repair the defect within three attempts, or the vehicle may be declared a lemon.
The PA Lemon Law provides that the purchaser is entitled to a free replacement vehicle or a full refund of the purchase price. A refund would include all monies paid towards a down payment, any financing payments, including interest, any positive equity from a trade-in vehicle, plus the tax, title, plates and other associated fees. The Pennsylvania Lemon Law also provides that the manufacturer must pay your attorney fees if your vehicle is found to be a lemon. Because of that powerful provision in the Lemon Law, it would be foolhardy to proceed with a lemon law claim without the assistance of an experienced lemon law attorney.
In order to have a vehicle declared a lemon, the purchaser must first notify the manufacturer in writing of the defects of the vehicle and of the purchaserâs request for a refund/replacement. Many times, the manufacturer will request that you submit a claim to their informal dispute resolution program. The PA Lemon Law provides that this step must be taken if the manufacturerâs informal program complies with the mandates of federal law. The Better Business Bureau, or BBB, handles many manufacturerâs informal programs in Pennsylvania. If you obtain a favorable decision from the BBB, you can accept their decision. If you obtain an unfavorable decision from the BBB, you can proceed to file a formal lawsuit to pursue your legal rights in state court.
Donât despair if youâve reached the point of filing a state based lawsuit against the manufacturer. The Pennsylvania Lemon Law is a very powerful statute that provides you with an excellent chance at prevailing in court. If your vehicle exhibits substantial defects, and those defects cannot be repaired in a reasonable number of attempts by the manufacturer, the PA Lemon Law will protect you, and many manufacturers know it. In that regard, over 95% of lemon law related cases settle prior to trial. If you have hired the right lemon law attorney, your chances can increase even further.
Greg Artim is an Attorney based in Pittsburgh PA. He handles Lemon Law and Breach of Warranty matters in all of Pennsylvania. Visit his website at http://www.pittsburghlemonlaw.com for more answers to your Lemon Law questions.
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