PA Lemon Law Blog

Our latest success has been a Nissan Titan claim that was brought under the Magnuson Moss Warranty Act.  The vehicle was purchased with the expectation that it would last for years.  Everything was OK until the vehicle hit 20,000 miles.  After that milestone, the vehicle began to exhibit multiple problems.  Transmission slips, the check engine light, the air bag light, problems with the rotors, electrical problems and so on.  Ray contacted our office and was concerned with what we could do for him.  He had done a little research, and realized that he would not be eligible to move forward under the PA Lemon Law.  I relieved Ray’s anxiety rather quickly when I advised him that we could proceed under the federal lemon law, also know as the Magnuson Moss Act.  The Mag Moss Act carries some similar protections as the PA Lemon Law does, but it does not have a mileage limitation.  We went to work immediately and worked a settlement with Nissan that brought Ray substantial cash compensation.  Ray was able to trade the vehicle in to the dealership of his choice and purchase a new vehicle. He used the cash compensation that we provided as a down payment on the new vehicle.

The amount of phone calls that our office is receiving concerning AS IS purchases is steadily on the rise.  The most common question is whether they can make the seller buy back the “lemon” that they just purchased.  Unfortunately, the answer is typically no.  An AS IS sale means that the purchaser is taking the vehicle AS IS, with all known and unknown defects.  When you make that type of purchase, you are assuming the risk that something will go wrong with these types of vehciles.  Mot times, something does go wrong with that vehicle, and you are left with no recourse.  Our best advice is to use caution and care when purchasing a used vehicle, always have your mechanic check it out first.

Last Fall, Sam leased a 2007 GMC Acadia.  He really liked the stylishness of the vehicle, it caught his eyes’ attention immediately.  Sam was slightly concerned that it was the first year of production for the vehicle as he had heard that you should never purchase a vehicle in its first model year.   Upon purchase (lease), Sam was ecstatic.  After a few months, however, the vehicle began to leak water into the front driver and passenger area. The dealer made a quick fix, but to no avail. A second leak occurred, and the dealer replaced the sunroof.  That didn’t fix the problem either as more water leaked in.  The sunroof was replaced a second time, and it is hopeful that the problem is solved.

Sam was hesitant to commence a lemon law claim, because he really loved the vehicle, other than the leaks.  After consulting with our office, we advised him that the mandates of the PA Lemon Law had been violated and that he was entitled to bring a claim.  After careful deliberation, Sam decided that he wanted to move forward.  We presented a claim to GM, and within 3 weeks had effected a settlement that made Sam quite happy.  He got to keep his new vehicle and received a little cash compensation for his problems, plus payment of his attorney fees.

Not all cases can be completed within a three week time period, but many of them can.  Pursuing a lemon law claim in Pennsylvania is pretty easy to do when you hire the right law firm. If you have any questions regarding a defective vehicle or the PA Lemon Law, please contact our office.

In January of 2008, Ken leased a new Chevrolet Trailblazer. It may have been a little more vehicle that he could afford, but he felt that the price would guarantee a great running vehicle.

Within a matter of 30 days, the transmission on the trailblazer began to slip.  The first repair attempt did not solve the problem, even though the dealer had the vehicle for 16 days.  Neither the second or third repair attempts solved the problem either.  The fourth repair attempt, where GM had the vehicle for 31 days, did solve the transmission problem.  Ken was not sure whether he wanted to keep the vehicle any longer due to its history, and he wasn’t sure if he had a claim as the vehicle was fixed, at least for now. 

Luckily, Ken contacted our office with his concerns.  We instituted a claim with GM, and after a few weeks, concluded a settlement where Ken received cash compensation (plus attorney fees)  for his troubles and continues to own the vehicle. As the vehicle continues to work as designed, Ken has come out very much ahead in the game. To all of you out there in the same situation, please know that you can still present a claim even if the dealer/manufacturer fixes your vehicle.  Once they fail to make a repair within the given parameters under the PA Lemon Law, you have a claim, whether they ultimately fix the vehicle or not.

Tom, a retired older individual, purchased a 2005 Mercury Grand Marquis in April of 2005.  Tom expected that this vehicle would be the last new vehicle that he would purchase, based upon his limited need for transportation in his retirement years.

Unfortunately for Tom, the Grand Marquis began having transmission problems within 6 months of ownership.  The first 2 times Tom took the vehicle in for repairs, the dealer could not find a problem, stating “vehicle works as designed”.  Tom knew that something was wrong, but didn’t know what to do.  He continued to drive the vehicle and encountered a transmission problem again.  This time, the dealer found the problem and replaced the entire transmission.  Tom felt that the matter was over and his vehicle would work as new. 

Within a matter of months, the new transmission began to act up again.  After a few repair attempts resulted in  another transmission replacement, Tom finally began to feel that he had a lemon.  Tom contacted our office and initially we were unable to effect a settlement with Ford/Mercury.  For reasons that we could not figure, Ford would not acknowledge that Tom’s vehicle was defective. 

Our next step was to commence litigation against Ford under the PA Lemon Law, the Magnuson Moss Warranty Act and the Pennsylvania Unfair Trade Practices and Consumer Protection Law.  Within a matter of 60 days of filing the lawsuit, we were able to procure a fair and just settlement with Ford for Tom’s problems, including the payment of attorney fees. 

When it comes to PA Lemon Law claims, one of the most asked questions is “The dealer cannot find my problem, do I still have a claim?”   The answer, in most cases, is YES!  The Pennsylvania Lemon Law sets forth that your vehicle is a lemon if it encounters a defect which substantially impairs the use, value or safety of a vehicle.  The manufacturer/dealer have to be notified in a timely fashion, and they have to be given a reasonable opportunity to cure the defect. 

Reasonable opportunity typically means three (3) repair attempts for the same problem.  There is no language in the PA Lemon Law that mandates that the dealer has to find the problem!  Your only duty is to notify the dealer and take the vehicle in to them for diagnostics.  If they cannot find, or cannot fix, any problems that you are encountering, then you may have a claim under the Lemon Law or the various other state and federal laws that protect purchasers of new vehicles in Pennsylvania.

If you have purchased a defective new motor vehicle then your first step should be to hire an experienced Lemon Law Attorney (Hopefully our office!) There is absolutely no reason to attempt to handle a claim on your own, because our firm will not charge you any attorney fees out-of-pocket on a Lemon claim.  In Pennsylvania, the Lemon Law provides for recovery of your Attorney Fees, so we pursue the claim for you, at no cost, and then receive our fees from the Manufacturer of your lemon.

Once you have hired our firm, the next step will be for you to forward all of the relevant vehicle documentation to our office. Important documents include the Purchase Agreement, the Financing Agreement, the Vehicle Registration, the Repair Invoices, any documentation received from the Manufacturer or Dealer and a copy of the Manufacturer’s Warranty. After review of the documents, I will send a letter to the Manufacturer asking them to buy your lemon back and issue a refund of the purchase price. Concurrent with that, I will begin the informal dispute resolution process. This often includes filing an Arbitration claim with your local Better Business Bureau office. The Pennsylvania Lemon Law requires the vehicle owner to partake in this informal dispute resolution process prior to filing a lawsuit against the Manufacturer under the PA and Federal Lemon Laws. The BBB will issue a decision, usually within a month or so of the filing of the claim, and you can then choose to accept or reject their decision. If you reject their decision, I will file a lawsuit against the Manufacturer. At that point, we prepare as if we are going to trial. All the while, throughout the entire process, I remain in contact with the Manufacturer and its representatives attempting to work out a settlement in your favor. These cases rarely go to trial because the PA Lemon Law is very strongly in the consumer’s favor.  Of course, the final resolution of your matter is dependent upon the strength and merits of your claim.

Georgine had recently purchased a 2008 Nissan Maxima.  She chose the vehicle for its size, comfort, luxury and reputation, and was initially very happy with her puchase.  Unfortunately, the vehicle began to exhibit problems after about 30 days.  The bluetooth system would work only intermittently, but more important, the door locks began to work  only intermittently.  Imagine not being able to get out of your vehicle because the doors will not unlock!  After 4 repair attempts, Georgine contact our office to talk about instituting a lemon law claim with Nissan.  We contacted Nissan immediately to advise of our representation of Georgine and to institute a claim.  Within a matter of weeks, we were able to deliver a cash settlement to Georgine and we further were able to get Nissan to have a factory representative (we call them “super-mechanics”) to make the proper repair to the door locks.  Georgine now has her dream vehicle, in its proper working condition, and has a few thousand dollars in her pocket to boot! 

We are proud to offer our assistance in these matters and are very pleased when our clients end up in a win-win situation. 

Doug had recently purchased his first new vehicle in quite a while.  A burnt orange 2008 Dodge Caliber, pretty loaded up, at a fantastic price.  Imagine Doug’s surprise when he found body damage on the vehicle when performing his first oil change.  After a little more investigation, Doug discovered that his vehicle had been significantly damaged prior to sale.  It turns out that someone decided to place the vehicle on cement blocks to steal the rims.  The dealer placed new rims on the vehicle and made minor repairs to the underbody, but did a shabby job.  The dealer transferred the vehicle to another dealer, which in turn sold the vehicle to Doug.

After a few phone calls to the selling dealership brought no results, Doug contacted our office.  We immediately undertook representation of Doug and initiated a claim under the New Motor Vehicle Damage Disclosure Act.  This Pennsylvania law sets forth that a dealer must notify a purchaser of any vehicle of any damage that occurred to the vehicle prior to sale if the damage surpasses $500 or 3% of the purchase price.  This law provides tremendous relief to the purchaser, in that they are eligible for a full refund of the purchase price or a new replacement vehicle.  The Damage Disclosure Act further provides that a violation coonstitutes a violation of the Pennsylvania Unfair Trade Practices and Consumer Protection Law.  That law is an extremely powerful law that allows for recovery of your reasonable attorney fees.

Within a matter of days, the selling dealership’s attorney contacted our office with a settlement offer.  The dealership had located a replacement vehicle for Doug and agreed to pay his attorney fees in full. 

I receive several phone calls at my law office each day inquiring about the Pennsylvania Lemon Law and Used Vehicles. I begin by telling each prospective client that the PA Lemon Law does not provide protections for purchasers of used vehicles at this time.

Fortunately, that doesn’t mean that you don’t have a case of some sort. If you have purchased a “used” vehicle that still had some of the original manufacturer’s warranty on it at the time of it’s purchase, and a defect arose while under that warranty, you may be able to bring a “Lemon Law” type claim. There is a federal law called the Magnuson-Moss Warranty Act that covers used cars that have a written warranty on them (as long as the vehicle is used for personal use).

The benefits of this law are many. Like the PA Lemon Law, the Magnuson Moss Act provides for a full refund or free replacement of the defective product if it cannot be repaired properly after a reasonable number of attempts. Most typically however, the remedy is one of cash compensation for the decreased value of your vehicle.  This means that you may be entitled to receive cash, and keep your vehicle too.

Typically, the number of repair attempts must be three times for the same defect. The Act further provides for recovery of all associated costs of the claim including recovery of reasonable Attorney fees. The Magnuson-Moss Act is a law that was designed to ensure that manufacturers (of any product) who offer a written warranty on that product abide by and honor the terms of any warranty that they give. A purchaser of a used motor vehicle is a prime candidate to use this law in the event that he purchases a used “lemon”, because the original manufacturer’s warranty transfers to all subsequent owners of the vehicle until it expires based upon mileage or a given length of time.

In practice, Lemon Law Attorneys have used this law very successfully in Pennsylvania to protect purchasers of defective “used” motor vehicles. If your used vehicle has suffered a defect while still under the original manufacturer’s warranty, you may be entitled to a full refund or free replacement utilizing this law.

Another law that may assist purchasers of Used Vehicles in PA is the Pennsylvania Unfair Trade Practices and Consumer Protection Law (UTPCPL). This law was designed to help consumers who have not received “what they paid for”. Our office uses this law quite frequently to pursue used vehicle claims where the consumer purchases a vehicle from a dealer and the vehicle suffers major problems shortly after purchase.  When the dealer fails to adequately remedy the situation, we file a claim under the UTPCPL. The great thing about the Unfair Trade Practices Act is that it also provides for recovery of reasonable attorney fees.

Either of the above laws provide great protections to individuals who have purchased defective used vehicles in Pennsylvania. Contact our office if your vehicle has suffered a serious defect that the manufacturer or dealer could not repair.