PA Lemon Law Blog

The first step is to take the vehicle to the dealer each time your encounter a given problem.

I have found that many people fail to take the vehicle in to the dealer for repairs because they either don’t have time, it’s too inconvenient, etc… but this is a very important step in the process. State lemon laws all provide that the dealer/manufacturer must be given a reasonable opportunity to repair the defects.  You cannot present a claim if the dealer/manufacturer have not have an opportunity to fix the problems.

Step 2. Be sure that the Dealer’s Service Department lists all of your complaints on the repair order.

I have found this one to be troublesome. Many times, consumers take their defective vehicles in for repair and tell the service advisor the problems that are being encountered. Often, the service advisor fails to list all of the complaints with the vehicle. Defense Attorneys, either in a deposition or at trial, raise this as a defense if the complaint is not listed on the repair order.  While you cannot actually force the service department to list all of your complaints, be firm in your requests to list all of the chief complaints.

Step 3. Get a copy of the repair order.

Under Pennsylvania law, the dealer is required to give you a written repair order every time that they look at your vehicle, whether they find a problem or not.  Even so, I have found that many times the consumer fails to receive a copy of the repair order. Insist on receiving one each time you take the vehicle in for servicing.

Step 4. Hire a Lemon Law Attorney.

This one is a no-brainer. The Pennsylvania Lemon Law provides that the manufacturer must pay your attorney fees if you have a lemon.  You end up with free legal representation.  Experienced PA Lemon Law attorneys do not request that you pay a retainer up front because they know that their fees will be paid by the manufacturer.

 Step 5. Provide your attorney with all of the relevant documents.

Your attorney will need the purchase/lease agreement, the financing agreement, the repair orders, any Technical Service Bulletins (TSB’s), the warranty booklet, a copy of your registration, and a copy of your title, if you have it.

Step 6. Allow your attorney to go to work for you.

The lemon law field is a pretty small one. For the most part ,the attorneys who handle these types of cases know what they are doing. Follow their advice.  They will handle most everything related to the case.  Client participation is very minimal.

7. Do not always insist on a buy-back of the vehicle.

This is a big one. Many clients who call my office demand that the Manufacturer buy their vehicle back. And many times, they are within their rights to make that demand. However, as you can imagine, Manufacturers are not quick to repurchase vehicles. What the client needs to look at is how they can get out of their vehicle in the quickest, fairest fashion. Often times, a cash settlement can be beneficial in this regard. This may give you enough money to get out of the vehicle and have a nice down payment on a new one. Again, though, I only advise this when it is in the client’s best interests.