What Is the Lemon Law in PA?
The Lemon Law in Pennsylvania is a consumer protection law that helps buyers of defective vehicles. It allows consumers to seek compensation or a replacement vehicle if their newly purchased vehicle has substantial defects or malfunctions that cannot be fixed by the manufacturer or authorized dealer. The law applies to both new and used vehicles, as well as leased vehicles.
Under the Pennsylvania Lemon Law, a vehicle is considered a “lemon” if it meets certain criteria. Firstly, the vehicle must have a defect or nonconformity that substantially impairs its use, value, or safety. This defect must occur within the first 12,000 miles of driving or within the first 12 months of ownership, whichever comes first. Secondly, the defect must be reported to the manufacturer or authorized dealer within the manufacturer’s warranty period, which is typically one year or 12,000 miles.
If a vehicle qualifies as a lemon, the consumer has several options for seeking relief. They can request a refund of the purchase price, including any collateral charges such as taxes, registration fees, and finance charges. Alternatively, they can choose to receive a replacement vehicle of comparable value. The manufacturer is responsible for covering all costs associated with the refund or replacement, including taxes, fees, and other charges.
It is important to note that the consumer must first give the manufacturer or authorized dealer a reasonable number of attempts to repair the defect. The law defines a reasonable number of attempts as three or more attempts for the same issue, or if the vehicle has been out of service for a cumulative total of 30 days or more. If the defect cannot be fixed within these parameters, the consumer can proceed with their lemon law claim.
Frequently Asked Questions (FAQs):
Q: How long do I have to file a lemon law claim in Pennsylvania?
A: You must file a lemon law claim within three years of the date of delivery of the vehicle to the original purchaser.
Q: Does the lemon law cover all types of vehicles?
A: The Pennsylvania Lemon Law covers all motor vehicles, including cars, trucks, motorcycles, and recreational vehicles (RVs) that are primarily used for personal, family, or household purposes. It does not cover vehicles used for business purposes.
Q: What steps should I take if I believe my vehicle is a lemon?
A: First, document all repairs and keep copies of all repair orders and invoices. Make sure to report the defect to the manufacturer or authorized dealer within the warranty period. If the issue persists after a reasonable number of repair attempts, you may want to consult with an attorney who specializes in lemon law cases.
Q: Can I still file a lemon law claim if my vehicle is out of warranty?
A: Yes, you can still file a lemon law claim if the defect occurred within the warranty period, even if the vehicle is now out of warranty. The key is to report the defect within the warranty period.
Q: Can I pursue a lemon law claim if I bought a used vehicle?
A: Yes, the Pennsylvania Lemon Law covers used vehicles if they were purchased within one year or 12,000 miles of the original vehicle’s delivery to the first purchaser.
In conclusion, the Lemon Law in Pennsylvania offers valuable protection to consumers who purchase defective vehicles. It ensures that buyers have recourse if they find themselves stuck with a lemon. By understanding their rights and the steps involved in pursuing a lemon law claim, consumers can seek the compensation or replacement vehicle they deserve.