PA Consumer Protection Lemon Laws
Our first blog post listed the state specific Pennsylvania lemon laws regarding cars and other vehicles. The national lemon law (Magnuson Moss Warranty Act) also covers consumers with many other purchases. Pennsylvania consumer products are covered, including computers, appliances, boats, etc. Specific rules apply, but generally so long as you bought the item new and it came with a written warranty, your PA consumer rights are intact.
Other laws may cover Pennsylvania consumers. The Uniform Commercial Code governs sales in 49 states, and contains an implied warranty of merchantability, requiring that goods like computers, appliances, etc. be reasonably fit and meet prevailing standards in the trade. Where an item is defective, a claim may be made unless the product was sold As-Is. To inquire as to specific state of PA consumer lemon laws, please consult a lemon law attorney for the sate of Pennsylvania, or a related consumer lawyer. You may also visit the site sponsors of this blog for related Pennsylvania consumer lemon law information.
Monday, June 21, 2010
Sunday, June 20, 2010
PA Lemon Law Used Car
As you can see by our first post, the PA lemon law does not apply to used cars. Many states do provide used car lemon law coverage, but not PA. The good news is that Pennsylvania has other laws protecting consumers on used car purchases. Below is an exceprt from a prominent Pittsburgh Pennsylvania Lemon Law Attorney. Although he reminds of there is no used car PA lemon law, he details the other laws and consumer resources.
"I have been practicing law for about 11 years now, and the last few years have been focused on handling Lemon Law claims. The number one question that I receive at my office is "Does the PA Lemon Law cover used vehicles?" As of the date of this writing, 2008, the answer is no. Fortunately, though, there are several other laws that protect you if you have purchased a defective used vehicle in Pennsylvania.
The first such law is the Magnuson Moss Warranty Act, otherwise known as the federal lemon law. The Magnuson Moss Act provides protections that are similar to the PA Lemon Law to any person who purchases a vehicle which comes with a written warranty. If the vehicle exhibits defects or non-conformities, and those defects cannot be repaired after a reasonable number of attempts, the owner may be able to bring a claim under this law, in an attempt to recover cash compensation, a replacement vehicle, or a full refund, depending upon certain circumstances. The Magnuson Moss Act also provides for recovery of Attorney fees if the individual prevails on his claim.
The next law that protects used car purchasers in PA. is the Unfair Trade Practices and Consumer Protection Law. Although not officially a PA used car Lemon Law, this law, in a nutshell, provides protections to individuals who have purchased defective vehicles, where the seller has made an affirmative representation about the quality or fitness of the vehicle, or where the seller is in the business of selling automobiles. The Unfair Trade Practices Act is a general law that is not limited to vehicles, but rather, it covers all kinds of products and services that are not up to an expected standard in Pennsylvania. Knowledgeable attorneys use this law every day to assist clients with defective product claims in PA.
Another law that provides protections to Pennsylvania purchasers is the Automotive Industry Trade Practices Act. While not a PA used car Lemon Law, this law sets forth rules, regulations and mandatory guidelines that automobile dealers must follow in the sale of motor vehicles. This law hits many different issues that can come up with the sale of a motor vehicle, including advertising, servicing, types of contracts and forms, disclosures, warranties and more. In practice, I have found that this law is not taken advantage of by enough of us who are engaged in the legal profession.
While the Pennsylvania Lemon Law does not provide direct coverage for used cars here in PA, it should be clear that there are many other laws that do provide protections and remedies in the event that you purchase a defective used car in Pennsylvania."
Greg Artim is a Pittsburgh Pennsylvania based Lemon Law Attorney representing
"I have been practicing law for about 11 years now, and the last few years have been focused on handling Lemon Law claims. The number one question that I receive at my office is "Does the PA Lemon Law cover used vehicles?" As of the date of this writing, 2008, the answer is no. Fortunately, though, there are several other laws that protect you if you have purchased a defective used vehicle in Pennsylvania.
The first such law is the Magnuson Moss Warranty Act, otherwise known as the federal lemon law. The Magnuson Moss Act provides protections that are similar to the PA Lemon Law to any person who purchases a vehicle which comes with a written warranty. If the vehicle exhibits defects or non-conformities, and those defects cannot be repaired after a reasonable number of attempts, the owner may be able to bring a claim under this law, in an attempt to recover cash compensation, a replacement vehicle, or a full refund, depending upon certain circumstances. The Magnuson Moss Act also provides for recovery of Attorney fees if the individual prevails on his claim.
The next law that protects used car purchasers in PA. is the Unfair Trade Practices and Consumer Protection Law. Although not officially a PA used car Lemon Law, this law, in a nutshell, provides protections to individuals who have purchased defective vehicles, where the seller has made an affirmative representation about the quality or fitness of the vehicle, or where the seller is in the business of selling automobiles. The Unfair Trade Practices Act is a general law that is not limited to vehicles, but rather, it covers all kinds of products and services that are not up to an expected standard in Pennsylvania. Knowledgeable attorneys use this law every day to assist clients with defective product claims in PA.
Another law that provides protections to Pennsylvania purchasers is the Automotive Industry Trade Practices Act. While not a PA used car Lemon Law, this law sets forth rules, regulations and mandatory guidelines that automobile dealers must follow in the sale of motor vehicles. This law hits many different issues that can come up with the sale of a motor vehicle, including advertising, servicing, types of contracts and forms, disclosures, warranties and more. In practice, I have found that this law is not taken advantage of by enough of us who are engaged in the legal profession.
While the Pennsylvania Lemon Law does not provide direct coverage for used cars here in PA, it should be clear that there are many other laws that do provide protections and remedies in the event that you purchase a defective used car in Pennsylvania."
Greg Artim is a Pittsburgh Pennsylvania based Lemon Law Attorney representing
PA Lemon Laws
The below represents the legal definition of PA lemon laws. Pennsylvania lemon laws protect Pennsylvania consumers from defective cars, trucks and other vehicles. The news get better because PA lemon laws also protect the consumer against defects of other items, such as motorcycles, RV’s, boats, computers and even consumer appliances. Lemon laws are state specific, so consumers in Pennsylvania should be informed. In some cases, the seller of the item will make amends, but often a lemon law attorney is needed. Visit our site sponsors for more information on Pennsylvania lemon laws, PA lemon law lawyers, and related PA lemon law information.
Pennsylvania Lemon Law
Title 73, Chapter 28
Trade And Commerce
Automobile Lemon Law
This act shall be known and may be cited as the Automobile Lemon Law.
Pennsylvania Lemon Law 1952 Definitions.
The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Dealer" or "motor vehicle dealer."
A person in the business of buying, selling or exchanging vehicles.
"Manufacturer."
Any person engaged in the business of constructing or assembling new and unused motor vehicles or 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."
The written warranty of the manufacturer of a new automobile of its condition and fitness for use, including any terms or conditions precedent to the enforcement of obligations under the warranty.
"New motor vehicle."
Any new and unused self-propelled, motorized conveyance driven upon public roads, streets or highways which is designed to transport not more than 15 persons, which was purchased and is registered in the Commonwealth and is used or bought for use primarily for personal, family or household purposes, including a vehicle used by a manufacturer or dealer as a demonstrator or dealer car prior to its sale. The term does not include motorcycles, motor homes or off-road vehicles.
"Nonconformity."
A defect or condition which substantially impairs the use, value or safety of a new motor vehicle and does not conform to the manufacturer's express warranty.
"Purchaser."
A person, or his successors or assigns, who has obtained 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.
Pennsylvania Lemon Law 1953 Disclosure.
The Attorney General shall prepare and 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.
Pennsylvania Lemon Law 1954 Repair obligations.
(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 effect return, due to nonconformity, shall be at the manufacturer's expense.
Pennsylvania Lemon Law 1955 Manufacturer's duty for refund or replacement.
If the manufacturer fails to repair or correct a nonconformity after a reasonable number of attempts, the manufacturer shall, at the option of the purchaser, replace the motor vehicle with a comparable 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 lien holder, 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.
Pennsylvania Lemon Law 1956 Presumption of a reasonable number of attempts.
It shall be presumed that a reasonable number of attempts have been undertaken to repair or correct a nonconformity if:
1. the same nonconformity has been subject to repair three times by the manufacturer, its agents or authorized dealers and the nonconformity still exists; or
2. the vehicle is out-of-service by reason of any nonconformity for a cumulative total of 30 or more calendar days.
Pennsylvania Lemon Law 1957 Itemized statement required.
The manufacturer or dealer shall provide to the purchaser each time the purchaser's vehicle is returned from being serviced or repaired a fully itemized statement indicating all work performed on said vehicle including, but not limited to, parts and labor. It shall 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.
Pennsylvania Lemon Law 1958 Civil cause of action.
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.
Pennsylvania Lemon Law 1959 Informal dispute settlement procedure.
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 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.
Pennsylvania Lemon Law 1960 Resale of returned motor vehicle.
(a) Vehicles may not be resold.-If a motor vehicle has been returned under the provisions of this act or a similar statute of another state, it may not be resold in this State unless:
1. The manufacturer provides the same express warranty it provided to the original purchaser, 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.
2. The manufacturer provides the consumer with a written statement on a separate piece of paper, in ten point all capital type, in substantially 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.-Notwithstanding the provisions of subsection (a), if a new motor vehicle has been returned under the provisions of this act or a similar statute of another state 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.
Pennsylvania Lemon Law 1961 Application of unfair trade act.
A violation of this act shall also be a violation of the act of December 17, 1968 (P.L. 1224, No. 387), known as the Unfair Trade Practices and Consumer Protection Law.
Pennsylvania Lemon Law 1962 Rights preserved.
Nothing in this act shall limit the purchaser from pursuing any other rights or remedies under any other law, contract or warranty.
Pennsylvania Lemon Law 1963 Nonwaiver of act.
The provisions of this act shall not be waived.
Pennsylvania Lemon Law
Title 73, Chapter 28
Trade And Commerce
Automobile Lemon Law
This act shall be known and may be cited as the Automobile Lemon Law.
Pennsylvania Lemon Law 1952 Definitions.
The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Dealer" or "motor vehicle dealer."
A person in the business of buying, selling or exchanging vehicles.
"Manufacturer."
Any person engaged in the business of constructing or assembling new and unused motor vehicles or 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."
The written warranty of the manufacturer of a new automobile of its condition and fitness for use, including any terms or conditions precedent to the enforcement of obligations under the warranty.
"New motor vehicle."
Any new and unused self-propelled, motorized conveyance driven upon public roads, streets or highways which is designed to transport not more than 15 persons, which was purchased and is registered in the Commonwealth and is used or bought for use primarily for personal, family or household purposes, including a vehicle used by a manufacturer or dealer as a demonstrator or dealer car prior to its sale. The term does not include motorcycles, motor homes or off-road vehicles.
"Nonconformity."
A defect or condition which substantially impairs the use, value or safety of a new motor vehicle and does not conform to the manufacturer's express warranty.
"Purchaser."
A person, or his successors or assigns, who has obtained 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.
Pennsylvania Lemon Law 1953 Disclosure.
The Attorney General shall prepare and 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.
Pennsylvania Lemon Law 1954 Repair obligations.
(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 effect return, due to nonconformity, shall be at the manufacturer's expense.
Pennsylvania Lemon Law 1955 Manufacturer's duty for refund or replacement.
If the manufacturer fails to repair or correct a nonconformity after a reasonable number of attempts, the manufacturer shall, at the option of the purchaser, replace the motor vehicle with a comparable 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 lien holder, 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.
Pennsylvania Lemon Law 1956 Presumption of a reasonable number of attempts.
It shall be presumed that a reasonable number of attempts have been undertaken to repair or correct a nonconformity if:
1. the same nonconformity has been subject to repair three times by the manufacturer, its agents or authorized dealers and the nonconformity still exists; or
2. the vehicle is out-of-service by reason of any nonconformity for a cumulative total of 30 or more calendar days.
Pennsylvania Lemon Law 1957 Itemized statement required.
The manufacturer or dealer shall provide to the purchaser each time the purchaser's vehicle is returned from being serviced or repaired a fully itemized statement indicating all work performed on said vehicle including, but not limited to, parts and labor. It shall 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.
Pennsylvania Lemon Law 1958 Civil cause of action.
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.
Pennsylvania Lemon Law 1959 Informal dispute settlement procedure.
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 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.
Pennsylvania Lemon Law 1960 Resale of returned motor vehicle.
(a) Vehicles may not be resold.-If a motor vehicle has been returned under the provisions of this act or a similar statute of another state, it may not be resold in this State unless:
1. The manufacturer provides the same express warranty it provided to the original purchaser, 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.
2. The manufacturer provides the consumer with a written statement on a separate piece of paper, in ten point all capital type, in substantially 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.-Notwithstanding the provisions of subsection (a), if a new motor vehicle has been returned under the provisions of this act or a similar statute of another state 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.
Pennsylvania Lemon Law 1961 Application of unfair trade act.
A violation of this act shall also be a violation of the act of December 17, 1968 (P.L. 1224, No. 387), known as the Unfair Trade Practices and Consumer Protection Law.
Pennsylvania Lemon Law 1962 Rights preserved.
Nothing in this act shall limit the purchaser from pursuing any other rights or remedies under any other law, contract or warranty.
Pennsylvania Lemon Law 1963 Nonwaiver of act.
The provisions of this act shall not be waived.
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