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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.
Car consumers' rights
Despite its name, Lemon Law actually refers to state laws that govern faulty vehicles. It offers consumers protection against defects in the car and gives them the right to demand for replacement or refund. A lemon, in fact, refers to a vehicle that has defects, diminishing its value, impairing its use and causing problems in safety. The Lemon Law recognizes the right of the consumers to rely on the dependability and safety of the vehicle that they have purchased.
Generally, if a car has been repaired several times for the same defect within the warranty period stated in the lemon law and it has not been fixed, it may be considered as a “lemon.” You should however go to an authorized dealer to have the repairs fixed.
The Lemon Law requires the manufacturer and not the dealer to deal with the problem. Consumers who plan to ask for refunds must report the case to the manufacturer in writing especially if it is written in the warranty materials or user's manual. Remember also to keep all documentations involving repairs in case they are needed when you file your complaint.
Consumers are also given the right under the Lemon Law to choose a refund instead of a replacement. In addition, you can also get a refund for the expenses that you have incurred for repair, towing services and the use of a rental vehicle while your car is still in the service center.
Differing state laws
States have different provisions in their lemon law. Some states offer protection for both used and brand new vehicles while others only protect brand new car buyers. Lemon state laws also differ in the vehicles that it covers as well as the number of times that the vehicle should be repaired before being considered a “lemon.
California Lemon Law, for instance, stipulates that a vehicle is a “lemon” if it was repaired four times already; has been out of service for 30 days or has been repaired twice for a defect that can cause serious injury or death while the state of Arkansas requires only three repair attempts and one repair attempt if the defect can cause injury or death.
Most states provide a warranty period of 12 to 24 months or 12,000 to 24,000 miles, whichever comes first in their Lemon Law provisions. The defect must occur within this warranty period.
If the defect is serious, involving the steering wheel or the brakes, consumers are granted one attempt to repair. For safety defects that are not as serious, Lemon Law allows for two attempts at repair. For other defects, consumers can have the car repaired three to four times. If the vehicle has been in the repair shop for a total of 30 days within a year with at least one of those days occurring the first 12,000 miles, then it is considered a lemon.
Most Lemon Law allow for an offset in the refund given to the consumer in relation to the car's mileage at the time of the refund. Still, there are no specific guidelines over this and consumers can negotiate.
Though it is relatively easy to deal with some manufacturers, who would voluntarily buy back your “lemon” car, there are some who refuse to. In case this happens, services of lawyers are needed. Recognizing these situations, some State Lemon Law allows consumers to refund their attorney's fees.