Lemon Law - What to Do If your New Car was Damaged When you Purchased It in Pennsylvania by David J. Gorberg
If your new motor vehicle was delivered with prior damage, you may have a New Motor Vehicle lemon law claim. Each year thousands consumers, without their knowledge, purchase new motor vehicles in Pennsylvania which have been damaged prior to sale. Pennsylvania specifically addressed this problem with the enactment of the New Motor Vehicle Damage Disclosure Act. The Purpose of the Act is to assure that purchasers of new motor vehicles are made aware of any repairs made to their motor vehicle before they take title to it.
The Act requires the dealer/manufacturer to disclose damage in writing, both repaired and repairable damage, which exceeds $500.00 or 3% of the manufacturer's suggested retail price, whichever is greater. The act requires that the repair or repairable cost to be used is the dealer's retail charge for the same work on the date the repair was made. Where it is determined that a disclosure is required, the Act requires the dealer to make the disclosure in writing prior to the sale, and obtain a signature from the buyer acknowledging the damage. If a dealer fails to comply with the requirements of this act, the buyer is entitled to seek a refund of the purchase price of the damaged vehicle.
Should you discover that your car was damaged, or suspect that it was damaged, prior to sale, Pennsylvania Lemon Law Attorney, David J. Gorberg, suggests the following: "First, have an expert, such as a certified collision expert, examine the car to determine if damage exists. Next, should the expert determine that damage exists, have the expert prepare an estimate of repair, and submit this estimate to the dealership, along with a letter demanding a full repurchase of the damaged car. Should the dealership refuse to refund the purchase price, you should contact a lemon law firm in order to further pursue this matter."
About the Author
David J. Gorberg & Associates is the largest lemon law firm in Philadelphia and one of the most successful lemon law firms in country. The firm's offices have become a household name in the field of Pennsylvania Lemon Law and New Jersey Lemon Law. Mr. Gorberg can be reached at 1-800 MY LEMON.
Showing posts with label Pennsylvania Lemon Law. Show all posts
Showing posts with label Pennsylvania Lemon Law. Show all posts
11/03/2007
10/25/2007
What is the Pennsylvania Lemon Law by Greg Artim
The Pennsylvania Lemon Law (73 P. S. sec. 1951 et seq.) is a powerful state statute that protects consumers and purchasers of defective motor vehicles. The Lemon Law was established in 1984, and originally protected only those individuals who actually purchased a motor vehicle. In the late 1990's, with the popularity of leasing a vehicle increasing dramatically, the PA legislature began to see that those individuals who leased what turned out to be defective vehicles were left without a remedy under the Pennsylvania Lemon Law. To that end, the legislature amended the PA Lemon Law in 2001 to include vehicles that were leased after February 11, 2002 for protection under the law. The PA Lemon Law, in a nutshell, provides for a refund of the purchase price or a replacement of the defective vehicle if certain criteria are met with regards to the defective conditions of the vehicle. The defective condition must substantially affect the Use, Value or Safety of the vehicle in question. Whether the Use, Value or Safety is affected for the most part requires application of the common sense test. If the vehicle has problems with the engine stalling while making left turns, that would likely be a serious problem that affects Use, Value and Safety. If the vehicle's radio doesn't pick up someone's favorite station, that likely would not qualify as an impairment under the statute.
The PA Lemon Law provides that the first occurrence of the defect must arise within the first 12,000 miles, and that the Manufacturer be notified in that time frame as well. This notification can come simply in the form of having the purchaser/lessor take the vehicle in to the dealer for a repair. The law provides that the Manufacturer must be given a reasonable number of attempts to cure the defect, and in Pennsylvania there is a presumption that the number of repair attempts is three. An exception to that rule exists in that one occurrence of a defect which might cause death or serious bodily injury would be enough to render the vehicle a lemon. The type of defect necessary to fulfill that exception is not defined by the statute, and there has been no actual case law that has established what type of defect that might be. After the third occurrence of the defect, the purchaser/lessor of the vehicle can bring a claim under the Lemon Law, seeking either a refund of the purchase price or a replacement vehicle. The Lemon Law also provides for recovery of all consequential and incidental damages, which generally include all payments made towards financing, any down payment made, any charges for repair costs, rental car charges, towing charges and the like. Perhaps the most important aspect of the Lemon Law is that it provides that the Manufacturer must pay the consumer's Attorney Fees and costs if the vehicle is found to be a lemon. This serves to provide the public with free legal representation in Lemon Law cases. It would be hard to imagine a more public friendly statute.
About the Author
Greg Artim is an Attorney based in Pittsburgh, PA. He handles Lemon Law and Breach of Warranty matters in all of Pennsylvania. For more answers to your PA Lemon Law questions, please visit his website at www.ihatethislemon.com
The PA Lemon Law provides that the first occurrence of the defect must arise within the first 12,000 miles, and that the Manufacturer be notified in that time frame as well. This notification can come simply in the form of having the purchaser/lessor take the vehicle in to the dealer for a repair. The law provides that the Manufacturer must be given a reasonable number of attempts to cure the defect, and in Pennsylvania there is a presumption that the number of repair attempts is three. An exception to that rule exists in that one occurrence of a defect which might cause death or serious bodily injury would be enough to render the vehicle a lemon. The type of defect necessary to fulfill that exception is not defined by the statute, and there has been no actual case law that has established what type of defect that might be. After the third occurrence of the defect, the purchaser/lessor of the vehicle can bring a claim under the Lemon Law, seeking either a refund of the purchase price or a replacement vehicle. The Lemon Law also provides for recovery of all consequential and incidental damages, which generally include all payments made towards financing, any down payment made, any charges for repair costs, rental car charges, towing charges and the like. Perhaps the most important aspect of the Lemon Law is that it provides that the Manufacturer must pay the consumer's Attorney Fees and costs if the vehicle is found to be a lemon. This serves to provide the public with free legal representation in Lemon Law cases. It would be hard to imagine a more public friendly statute.
About the Author
Greg Artim is an Attorney based in Pittsburgh, PA. He handles Lemon Law and Breach of Warranty matters in all of Pennsylvania. For more answers to your PA Lemon Law questions, please visit his website at www.ihatethislemon.com
Does Pennsylvania have a Motorcycle Lemon Law? by Greg Artim
Pennsylvania does not currently have a specific Motorcycle lemon law at this time. The Pennsylvania Lemon Law currently only applies to personal use cars, trucks, vans and SUV's, for the most part. Fortunately, however, you may be able to bring a lemon law-type claim if you have purchased a defective motorcycle. If your motorcycle suffered a substantial defect while under the original manufacturer's warranty, there is a federal law called the Magnuson-Moss Warranty Act that covers motorcycles that have a written warranty on them. The Magnuson-Moss Warranty Act protects consumers who purchase any product that costs over $25 and comes with a written warranty, so a motorcycle would be covered by this law.
The Magnuson-Moss Warranty Act is similar to the Pennsylvania Lemon Law in many regards. Like the Pennsylvania Lemon Law, the Act provides for a refund or free replacement of the defective product, and further provides for recovery of all associated costs including Attorney fees for bringing such a claim. If the purchaser can show that the motorcycle suffered a substantial defect or non-conformity during the warranty period, and the manufacturer was unable to remedy that defect after a reasonable number of attempts, the Magnuson-Moss Warranty Act will provide relief to the purchaser.
The Magnuson-Moss Act is an act that was designed to ensure that manufacturers (of any product) who offer a written warranty on that product abide by and honor the terms of any warranty that they give. A purchaser of a motorcycle is a prime candidate to use this law in the event that he purchases a "lemon". In practice, Lemon Law Attorneys have used this Act very successfully in Pennsylvania to protect purchasers of defective motorcycles. If your motorcycle has suffered a defect while still under the original manufacturer's warranty, you may be entitled to a full refund or free replacement, plus free legal representation.
About the Author
Greg Artim is an Attorney based in Pittsburgh Pennsylvania. He handles Lemon Law and Breach of Warranty matters in all of Pennsylvania. Visit his website at www.ihatethislemon.com
The Magnuson-Moss Warranty Act is similar to the Pennsylvania Lemon Law in many regards. Like the Pennsylvania Lemon Law, the Act provides for a refund or free replacement of the defective product, and further provides for recovery of all associated costs including Attorney fees for bringing such a claim. If the purchaser can show that the motorcycle suffered a substantial defect or non-conformity during the warranty period, and the manufacturer was unable to remedy that defect after a reasonable number of attempts, the Magnuson-Moss Warranty Act will provide relief to the purchaser.
The Magnuson-Moss Act is an act that was designed to ensure that manufacturers (of any product) who offer a written warranty on that product abide by and honor the terms of any warranty that they give. A purchaser of a motorcycle is a prime candidate to use this law in the event that he purchases a "lemon". In practice, Lemon Law Attorneys have used this Act very successfully in Pennsylvania to protect purchasers of defective motorcycles. If your motorcycle has suffered a defect while still under the original manufacturer's warranty, you may be entitled to a full refund or free replacement, plus free legal representation.
About the Author
Greg Artim is an Attorney based in Pittsburgh Pennsylvania. He handles Lemon Law and Breach of Warranty matters in all of Pennsylvania. Visit his website at www.ihatethislemon.com
Pennsylvania Lemon Law: 10 Things Car Owners Should Know by David Faulkner
Lemon laws have been created in every state to protect the rights of car owners and potential buyers. Each state has its own variation, and Pennsylvania Lemon Law is no exception. To better understand the Pennsylvania Lemon Law, we have outlined the important aspects of it that every car owner should be familiar with.
1. Pennsylvania Lemon Law covers all new cars that were purchased in the state of Pennsylvania. The vehicle must have a Pennsylvania license plate.
2. The Pennsylvania Lemon Law only covers vehicles that were purchased for personal or family use. Vehicles purchased for commercial purposes are not covered by the Pennsylvania Lemon Law.
3. All covered vehicles must have a maximum seating capacity of 15 individuals. Larger vehicles are not covered by the Pennsylvania Lemon Law. In addition, motorbikes, trailers, and other recreational vehicles are not covered by the law.
4. Pennsylvania Lemon Law states that repairs to particularly defective vehicles must be performed by the vehicle maker within 12,000 miles, or 12 months of purchase, or the period of time specified in the original warranty. All repairs must be shouldered by the manufacturer.
5. The Pennsylvania Lemon Law gives the manufacturer a total of 3 opportunities to fix the vehicle. If all these tries failed, or if your car has been under repair for more than 30 days, the Pennsylvania Lemon Law obliges the manufacturer to grant you a prorated refund, based on your mileage, or give you a replacement vehicle of comparable value.
6. According to Pennsylvania Lemon Law, you must have your car repaired only at authorized service centers. Vehicles that have been repaired at unauthorized shops will not be covered by the Pennsylvania Lemon Law.
7. Pennsylvania Lemon Law states that the costs for repairs and towing services are to be shouldered by the manufacturer.
8. Pennsylvania Lemon Law does not cover defects resulting from the owner's negligence or misuse of the vehicle.
9. Pennsylvania Lemon Law prohibits returned defective cars from being resold in the market, unless they have passed the state's standards. This is another way that the Pennsylvania Lemon Law protects our consumer rights.
10. If you want to use the protection offered by the Pennsylvania Lemon Law, you must contact the car manufacturer right away to have your car repaired. When the time for repairs has elapsed and the defect is still there, you can try for a settlement or file charges immediately.
When filing charges under the Pennsylvania Lemon Law, you will usually get greater benefits but it will take longer than a settlement. In this case, you will need a lawyer who is an expert in Pennsylvania Lemon Law to help you with the proceedings.
About the Author
You can also find more info on Lemon Law Texas and New York State Lemon Laws. Knowlemonlaw.com is a comprehensive resource to know about Lemon Law.
1. Pennsylvania Lemon Law covers all new cars that were purchased in the state of Pennsylvania. The vehicle must have a Pennsylvania license plate.
2. The Pennsylvania Lemon Law only covers vehicles that were purchased for personal or family use. Vehicles purchased for commercial purposes are not covered by the Pennsylvania Lemon Law.
3. All covered vehicles must have a maximum seating capacity of 15 individuals. Larger vehicles are not covered by the Pennsylvania Lemon Law. In addition, motorbikes, trailers, and other recreational vehicles are not covered by the law.
4. Pennsylvania Lemon Law states that repairs to particularly defective vehicles must be performed by the vehicle maker within 12,000 miles, or 12 months of purchase, or the period of time specified in the original warranty. All repairs must be shouldered by the manufacturer.
5. The Pennsylvania Lemon Law gives the manufacturer a total of 3 opportunities to fix the vehicle. If all these tries failed, or if your car has been under repair for more than 30 days, the Pennsylvania Lemon Law obliges the manufacturer to grant you a prorated refund, based on your mileage, or give you a replacement vehicle of comparable value.
6. According to Pennsylvania Lemon Law, you must have your car repaired only at authorized service centers. Vehicles that have been repaired at unauthorized shops will not be covered by the Pennsylvania Lemon Law.
7. Pennsylvania Lemon Law states that the costs for repairs and towing services are to be shouldered by the manufacturer.
8. Pennsylvania Lemon Law does not cover defects resulting from the owner's negligence or misuse of the vehicle.
9. Pennsylvania Lemon Law prohibits returned defective cars from being resold in the market, unless they have passed the state's standards. This is another way that the Pennsylvania Lemon Law protects our consumer rights.
10. If you want to use the protection offered by the Pennsylvania Lemon Law, you must contact the car manufacturer right away to have your car repaired. When the time for repairs has elapsed and the defect is still there, you can try for a settlement or file charges immediately.
When filing charges under the Pennsylvania Lemon Law, you will usually get greater benefits but it will take longer than a settlement. In this case, you will need a lawyer who is an expert in Pennsylvania Lemon Law to help you with the proceedings.
About the Author
You can also find more info on Lemon Law Texas and New York State Lemon Laws. Knowlemonlaw.com is a comprehensive resource to know about Lemon Law.
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