New Truck/SUV Lemon Law FAQ's in PA

 




What is the PA Lemon Law?

The Pennsylvania Lemon Law is a very powerful state statute that protects consumers and gives them a remedy if they purchase or lease a defective new motor vehicle. The Lemon Law defines when a Manufacturer has breached its warranty to the consumer and what type of remedy the consumer is entitled to.


What does it take for a vehicle to be considered a Lemon?

A defect or non-conformity that substantially impairs the use, value or safety of a motor vehicle. The defect or non-conformity must be reported to the Dealer or Manufacturer within the first 12,000 miles.

How many repair attempts must the Manufacturer make?

Under the PA Lemon Law, the Manufacturer must be given a reasonable number of attempts to cure the defect. The presumed number of required repair attempts under the Pennsylvania Lemon Law is three, though there are exceptions to that rule including whether the vehicle was in the shop for repair in excess of thirty (30) days or whether the defect or non-conformity may cause serious bodily injury or death. Other exceptions may apply.


Must all 3 repair attempts occur within the first 12,000 miles?

No. The Pennsylvania Lemon Law only requires that the defect or non-conformity occur within the first 12,000 miles and be reported to the Dealer or Manufacturer.


What if the defect first occurs after 12,000 miles?

You may still have a claim, but under other state and federal laws. The federal Magnuson-Moss Act, which is sometimes referred to as the Federal Lemon Law, may provide relief to consumers with vehicles whose first defect occurred after 12,000 miles. The Pennsylvania Uniform Commercial Code and the Pennsylvania Unfair Trade Practices Act and Consumer Protection Law also provide relief similar to that of the PA Lemon Law. Claims pursued under these statutes are considered Breach of Warranty claims.


What type of relief can I get if I have a Lemon?

If your vehicle qualifies, you may be entitled to a refund of the purchase price or a replacement vehicle. A refund may include all payments made towards the vehicle loan, including interest, down payment, sales tax, options, etc... In addition, all of the Lemon Law and Breach of Warranty related statutes provide that the Manufacturer must pay your Attorney fees and costs.


What types of vehicles does the PA Lemon Law apply to ?

Any new motor vehicle that is used primarily for personal, family or household use, including Cars, Trucks, SUVs and Vans


Does the PA Lemon Law apply to used Trucks and SUV's?

No. But if you purchased a Used Truck or SUV which still had some of the original manufacturer's warranty at the time of purchase, and a defect or non-conformity arose within that time, you may be able to pursue a Breach of Warranty claim under the Federal Magnuson-Moss Act, the Pennsylvania Uniform Commercial Code or the Pennsylvania Unfair Trade Practices Act and Consumer Protection Law.


Does the PA Lemon Law apply to leased vehicles?

Yes. The Pennsylvania Lemon Law applies to any vehicle leased after February 11, 2002.


How much will this cost me?

Nothing, at least not with my firm representing you. All fees and costs are paid by the manufacturer and added to the settlement. There is no fee or cost to you for my services unless I settle your claim or prevail at Arbitration or trial. The Attorney fee, if any, will come from the Manufacturer. I will typically also advance all usual and reasonable costs on most cases, and seek to have them reimbursed by the Manufacturer.


Do I need an Attorney?

Technically, No. However, it would defy logic to pursue a Lemon Law Claim without one. After all, it is completely Free to you to pursue the claim with an Attorney, so why would you handle such an important claim yourself?


Why Should I hire Attorney Greg Artim?

Because you want the individual attention of an Attorney who considers your case to be his most important one, and further, because you don't want to be just a number at a large Lemon Law factory.


Which documents do I need to pursue a Lemon Law claim?

The primary documents are the Repair Orders that you are given with each repair attempt. Pennsylvania law requires that the Dealer give you a Repair Order every time that your vehicle is in for servicing. Be sure that all of the information contained in these documents is accurate, most importantly your primary complaint regarding the vehicle. Make sure that the complaint description is in your words, not the dealer representative's.

You should be able to get your repair history directly from the authorized dealer(s). If you cannot obtain them yourself, I may be able to issue a subpoena to the dealership(s) or financial institution(s) to obtain all of the documents on your vehicle.In lieu of the actual repair orders, you may be able to proceed with a calendar of appointments which shows when you took the vehicle in to the Dealer and to which dealer it was taken. Other important documents include the Sales/Lease Agreement, any financing agreements.


Is an In-Office Appointment necessary?

Often times, No, but it is always welcome. You have spent enough time driving your Lemon to the Dealer for repairs so you don't have to drive it to my office if you don't want to. I may be able to handle your claim over the phone, through the mail or via e-mail, if that is what you prefer. However, I do encourage an in office visit to those of you who can stand driving your Lemon one final time.


What are my chances?

This depends upon the facts. If you have a defect that the Manufacturer cannot repair after three or more attempts, your chances are very good. The biggest hurdle is proving that the defects are substantial. Most Lemon Law cases settle prior to trial, so if you've even thought about pursuing a Lemon claim, it likely will be worth your while.

Lemon LawPlease feel free to contact me with any questions that you may have about the Pennsylvania Lemon Law, Breach of Warranty, or any other defective automobile related issue at 1-888-LEMON-44 or via email to Attorney Greg Artim