Lemon laws in Pennsylvania are laws that provide protection to consumers by bounding their vehicles to fall into certain limits according to the standards of quality and performance. These laws prevent them from violating such standards. Lemon laws are not necessarily applicable to the used or leased vehicles.
Power & Associates, PC
Contents
- Power & Associates, PC
- The Law Office of Douglas L. Whalen, Esq., LLC
- Borjeson & Maizel, LLC
- Areas of Practice
- Pennsylvania Lemon Laws
- Title 73 Chapter 28, Sections 1951-1963
- § 1951. Short title
- § 1952. Definitions
- § 1953. Disclosure
- § 1954. Repair obligations
- § 1955. Manufacturer’s duty for refund or replacement
- § 1956. Presumption of a reasonable number of attempts
- § 1957. Itemized statement required
- § 1958. Civil cause of action
- § 1959. Informal dispute settlement procedure
- § 1960. Resale of returned motor vehicle
- § 1961. Application of unfair trade act
- § 1962. Rights preserved
- § 1963. Nonwaiver of act
Power & Associates, PC is located at 1790 Wilmington Pike, Suite 200, Glen Mills, Pennsylvania. Attorney Michael D. Power is the sole-practitioner who has dedicated all his services to lemon law. His center of attention which is, lemon law, has made him a prestigious and highly-preferred lemon law attorney of Pennsylvania. Temple University is the place from where he attained a Degree in Jurisprudence in 1986 and in the same year joined the bars of Pennsylvania and New Jersey. Currently, this Pennsylvania lemon law attorney holds memberships of Philadelphia, Pennsylvania and American Bar Associations and Eastern District Bankruptcy Conference.
Areas of Practice
- Lemon Law
- Automotive Warranty
The Law Office of Douglas L. Whalen, Esq., LLC
Sited at 17 Wilmont Mews, West Chester, Pennsylvania, The Law Office of Douglas L. Whalen, Esq., LLC is a sole-proprietorship law firm offering services in numerous areas of law. Mr. Douglas L. Whalen completed his education in law by attaining a Degree in Jurisprudence recently in 2006 from Villanova University School of Law and was admitted to the Pennsylvania bar the same year. This Pennsylvania lemon law attorney currently holds memberships of Chester County, Pennsylvania, and American Bar Associations and Pennsylvania Trial Lawyers Association.
Areas of Practice
- Lemon Law
- Personal Injury
- Consumer Law
- Family Law
- Insurance Law
- Trusts and Estates
- Business Law
- Debtor and Creditor
- Products Liability
Borjeson & Maizel, LLC
Founded in 1986 at 1518 Walnut Street, Suite 506, Philadelphia, Pennsylvania, Borjeson & Maizel, LLC is a law firm that has dedicated 50% of its services to lemon law. The attorneys at this firm have a winning track record in numerous cases. Attorney Robert P. Maizel earned a J.D. degree from Widener University School of Law in 2001. He was then admitted to the New Jersey and Pennsylvania bars. At present, he is a member of the Pennsylvania and American Bar Associations.
Areas of Practice
- Lemon Law
- Workers Compensation
- Labor and Employment
- Personal Injury
- Accidents
- Construction Defects
- Dog Bites
- Sexual Harassment
- Slip and Fall
- Insurance Bad Faith
Pennsylvania Lemon Laws
Note Pennsylvania’s Lemon Law was amended and now includes leased vehicles (SB-286 effective February, 2002) and increased requirements of dealers to notify consumers that a vehicle is a “lemon buyback” (HB-767 effective December 2, 2002.).
Title 73 Chapter 28, Sections 1951-1963
§ 1951. Short title
This act of Pennsylvania lemon law shall be known and may be cited as the Automobile Lemon Law.
§ 1952. Definitions
The following words and phrases used in this section shall have the following meanings:
Dealer or motor vehicle dealer is a person occupied in the business of buying, selling or exchanging motor vehicles.
Manufacturer is any person who constructs or assembles new and unused motor vehicles or is engaged in the business of importing new and unused motor vehicles into the United States for the purpose of selling or distributing new and unused motor vehicles to motor vehicle dealers in this Commonwealth.
Manufacturer’s express warranty or warranty is the written formulate or warranty of the manufacturer of a new motor vehicle regarding its condition and fitness for use, including any terms or conditions precedent to the enforcement of obligations under the warranty.
New motor vehicle means any new and unused self-propelled, motorized conveyance driven upon public roads or highways and is designed to carry not more than 15 persons. The new motor vehicle should be purchased and registered in the Commonwealth and is primarily bought for personal, family or household purposes. The term new motor vehicle shall also include vehicle used as a demonstrator or dealer car prior to its sale. The term does not include motorcycles, motor homes or off-road vehicles.
Nonconformity is a defect or condition which significantly damages the use, value or safety of a new motor vehicle and does not conform to the manufacturer’s express warranty.
Purchaser means a person, or his successors or assigns, who has acquired the ownership of a new motor vehicle by transfer or purchase or who has entered into an agreement or contract for the purchase of a new motor vehicle which is used or bought for use primarily for personal, family or household purposes.
§ 1953. Disclosure
Under § 1953 of Pennsylvania lemon law the Attorney General shall publish in the Pennsylvania Bulletin a statement which explains a purchaser’s rights under this law. Manufacturers shall provide to each purchaser at the time of original purchase of a new motor vehicle a written statement containing a copy of the Attorney General’s statement and a listing of zone offices, with addresses and phone numbers, which can be contacted by the purchaser for the purpose of securing the remedies provided for in this act.
§ 1954. Repair obligations
The repair obligations according to the Pennsylvania lemon law fall as discussed below:
(a) Repairs required.-The manufacturer of a new motor vehicle sold and registered in the Commonwealth shall repair or correct, at no cost to the purchaser, a nonconformity which substantially impairs the use, value or safety of said motor vehicle which may occur within a period of one year following the actual delivery of the vehicle to the purchaser, within the first 12,000 miles of use or during the term of the warranty, whichever may first occur.
(b) Delivery of vehicle.-It shall be the duty of the purchaser to deliver the nonconforming vehicle to the manufacturer’s authorized service and repair facility within the Commonwealth, unless, due to reasons of size and weight or method of attachment or method of installation or nature of the nonconformity, such delivery cannot reasonably be accomplished. Should the purchaser be unable to effect return of the nonconforming vehicle, he shall notify the manufacturer or its authorized service and repair facility. Written notice of nonconformity to the manufacturer or its authorized service and repair facility shall constitute return of the vehicle when [the] purchaser is unable to return the vehicle due to the nonconformity. Upon receipt of such notice of nonconformity, the manufacturer shall, at its option, service or repair the vehicle at the location of nonconformity or pick up the vehicle for service and repair or arrange for transporting the vehicle to its authorized service and repair facility. All costs of transporting the vehicle when [the] purchaser is unable to affect return, due to nonconformity, shall be at the manufacturer’s expense.
§ 1955. Manufacturer’s duty for refund or replacement
In defining the manufacturer’s duty whether that’s for repair or replacement under Pennsylvania lemon law, it states in case the manufacturer was unable to repair or correct a nonconformity after a reasonable number of attempts, the manufacturer shall, at the wish of the purchaser, replace the motor vehicle with a equivalent motor vehicle of equal value or accept return of the vehicle from the purchaser and refund to the purchaser the full purchase price, including all collateral charges, less a reasonable allowance for the purchaser’s use of the vehicle not exceeding the per mile driven or 10% of the purchase price of the vehicle whichever is less. Refunds shall be made to the purchaser and lienholder, if any, as their interests may appear. A reasonable allowance for use shall be that amount directly attributable to use by the purchaser prior to his first report of the nonconformity to the manufacturer. In the event the consumer elects a refund, payment shall be made within 30 days of such election. A consumer shall not be entitled to a refund or replacement if the nonconformity does not substantially impair the use, value or safety of the vehicle or the nonconformity is the result of abuse, neglect or modification or alteration of the motor vehicle by the purchaser.
§ 1956. Presumption of a reasonable number of attempts
The board shall presume that a reasonable number of attempts have been carried out to repair or correct a nonconformity only in case:
- The same nonconformity has been repaired three times by the manufacturer, its agents or authorized dealers in spite of the fact that the nonconformity still exists; or
- The vehicle is out-of-service because of any nonconformity for a cumulative total of 30 or more calendar days.
§ 1957. Itemized statement required
It is obligatory upon the manufacturer or dealer to provide to the purchaser each time the purchaser’s vehicle is returned from being serviced or repaired a fully itemized statement that shows the performed work on the said vehicle including, but not limited to, parts and labor. It shall also be the duty of a dealer to notify the manufacturer of the existence of a nonconformity within seven days of the delivery by a purchaser of a vehicle subject to a nonconformity when it is delivered to the same dealer for the second time for repair of the same nonconformity. The notification shall be by certified mail, return receipt requested.
§ 1958. Civil cause of action
Under the provision of § 1958 of Pennsylvania lemon law, any purchaser of a new motor vehicle who suffers any loss due to nonconformity of such vehicle as a result of the manufacturer’s failure to comply with this act may bring a civil action in a court of common pleas and, in addition to other relief, shall be entitled to recover reasonable attorney’s fees and all court costs.
§ 1959. Informal dispute settlement procedure
As a part of Pennsylvania lemon law, if the manufacturer has established an informal dispute settlement procedure which complies with the provisions of 16 CFR Pt. 703, as from time to time amended, the provisions of section 8 [73 P.S. § 1958] shall not apply to any purchaser who has not first resorted to such procedure as it relates to a remedy for defects or conditions affecting the substantial use, value or safety of the vehicle. The informal dispute settlement procedure shall not be binding on the purchaser and, in lieu of such settlement, the purchaser may pursue a remedy under section 8 [73 P.S. § 1958.
§ 1960. Resale of returned motor vehicle
(a) Vehicles may not be resold.-In case manufacturer receives return of a motor vehicle under the provisions of this act or a similar statute of another state, the motor vehicle may not be resold in this State unless:
- The manufacturer makes available the same express warranty it provided to the original purchaser previously, except that the term of the warranty need only last for 12,000 miles or 12 months after the date of resale, whichever is earlier.
- The manufacturer makes available the consumer with a written statement on a separate piece of paper, in ten point all capital type, in significantly the following form:
“IMPORTANT: THIS VEHICLE WAS RETURNED TO THE MANUFACTURER BECAUSE IT DID NOT CONFORM TO THE MANUFACTURER’S EXPRESS WARRANTY AND THE NON-CONFORMITY WAS NOT CURED WITHIN A REASONABLE TIME AS PROVIDED BY PENNSYLVANIA LAW.”
The provisions of this section apply to the resold motor vehicle for the full term of the warranty required under this subsection.
(B) Returned vehicles not to be resold- nonetheless the provisions of subsection (a), if a manufacturer receives a new motor vehicle return under the provisions of this act or a similar statute of another state and the return is because of a nonconformity resulting in a complete failure of the braking or steering system of the motor vehicle likely to cause death or serious bodily injury if the vehicle was driven, the motor vehicle may not be resold in this Commonwealth.
§ 1961. Application of unfair trade act
This chapter states that manufacturer shall not violate any applicable law, in case a violation of this act is lead it shall also be considered a violation of the act of December 17, 1968 (P.L. 1224, No. 387), known as the Unfair Trade Practices and Consumer Protection Law.
§ 1962. Rights preserved
According to this chapter the purchaser i.e. consumer has complete rights to avail the remedies. Nothing in this act shall limit the consumer from pursuing any other possible rights or remedies besides Pennsylvania lemon law under any other law, contract or warranty.
§ 1963. Nonwaiver of act
The provisions and requirements of this act shall not be waived.