What is the Pennsylvania Lemon Law?
In Pennsylvania, a car may qualify as a lemon if a defect or condition that substantially impairs the use, value, or safety of the vehicle is reported to a dealer within the first 12 months or 12,000 miles, whichever comes first, and the vehicle is out of service for thirty days or more than three service visits to repair the defect. In addition, if the vehicle is out of service for 30 days or more during the warranty period, the vehicle may be considered a lemon. Only the first report of a defect or condition must be reported within the first 12 months or 12,000 miles. The subsequent repair attempts or days out of service may occur after the first year.
What Does This Cost?
Best of all, the PA Lemon Law requires the manufacturer to pay all of a plaintiff's legal fees and court costs if you prevail. At Power & Associates, P.C., we take each case on a NO COST/NO FEE BASIS. If we win your case, the manufacturer pays our fees and costs. If we lose, you owe nothing! Does The Car Have To Be New?
To qualify under the Pennsylvania Lemon Law, you must have originally purchased or leased the car as new, although you can assert your lemon law claim years after the purchase or lease date. The Pennsylvania Lemon Law requires that the vehicle both be purchased (or leased) and registered in Pennsylvania. If you purchased or leased a used vehicle that has recurring defects or conditions you may have a breach of warranty claim as long as the defects or conditions first arose when the car was under warranty.
Do I Have To Make A Lemon Law Claim In The First 12 Months Or 12,000 Miles?
Your car is covered under the lemon law as long as you first report a substantial defect or condition within the first 12 months and 12,000 miles of vehicle use. The subsequent repair attempts can occur after the first 12 months and 12,000 miles. You have four years after the third repair attempt (or 30 days out of service) to formally file for lemon law relief.
What If The Dealership Can't Reproduce Or Verify My Vehicle's Defect?
Many lemon law cases involve vehicles that have intermittent conditions, conditions that come and go. Often a dealership will inform a customer that they can't fix a vehicle that won't "act up" for them. The lemon law covers these situations. It is not the consumer's fault that the dealership won't spend the extra time to diagnose recurring problems. So long as you made the complaint to the dealership, it counts as a repair attempt under the lemon law whether or not the dealership performed a repair.
What Am I Entitled To If My Car Is A Lemon?
If your car qualifies as a lemon, the Pennsylvania Lemon Law states that the manufacturer must repurchase the vehicle or provide you with a comparable new vehicle. If you choose to have your vehicle repurchased, the repurchase price which the manufacturer must pay you is equal to the monies you have paid for the vehicle, including any down payment, any net trade in allowance and, if you financed the car, all car payments made. In addition, the manufacturer must pay off the balance on any vehicle car loan. There is a usage offset which is deducted from the monies you receive, but that amount is only 10 cents per mile on the number of miles you drove the vehicle until you first reported the defect or condition to a dealership. The mileage offset is never higher than $1,200.
If you choose to have the manufacturer replace your vehicle with a comparable new vehicle, you are entitled to receive a comparably equipped new vehicle to replace your lemon.
Can I Settle For Cash And Keep My Vehicle?
Many consumers wish to attain a cash settlement and keep their vehicles rather than obtain a repurchase or replacement vehicle. Manufacturers are very willing to discuss this form of settlement.
Do I Have A PA Lemon Law Claim If My Vehicle Was Finally Repaired?
The PA Lemon Law requires the manufacturer to repair the vehicle after a reasonable number of repair attempts which is usually defined as three repair attempts. If the dealership took more than three repair attempts or if the vehicle was out of service over thirty days, you still have a lemon law claim even if the car was ultimately repaired.
If My Car Is A Lemon What Should I Do?
Provide us your information and we will evaluate your claim free of charge.
TOP OF PAGE
 |
