A Pennsylvania Lemon Law Review

A Pennsylvania Lemon Law Review
By Paul J Fleming

Buying a new car can be a fun and rewarding experience that most people enjoy. Whether out of necessity or for pleasure, car buyers spend a great deal of time carefully considering the qualities of each vehicle to decide on the vehicle that will be the right fit for them. Unfortunately, consumers occasionally find their dream car can quickly become a nightmare and in Pennsylvania this is no exception.

Occasional mechanical problems can appear even when a vehicle is new, however when these problems repeatedly occur, Pennsylvania drivers must protect their rights. Therefore, a brief review of the Pennsylvania Lemon Law should be useful to anyone that has a new vehicle or has ever considered buying a new car in the state of Pennsylvania.

What is a Lemon?

Generally speaking, a "lemon" is a new vehicle that has been purchased or leased which suffers from a repetitive nonconformity. A nonconformity is defined as a defect or condition which substantially impairs the use, value or safety of the vehicle.

How Does Pennsylvania Define a Lemon?

The Pennsylvania Lemon Law applies to new cars purchased or leased in Pennsylvania and registered in PA, OR purchased in another state but registered in PA by the first owner immediately after purchase. In order to qualify for remedy under the Pennsylvania Lemon Law, your vehicle must be used for personal use and must suffer its first non conformity (that's a defect which affects the use, value or safety of the car) within the first 12 months or 12,000 miles, whichever comes first.

The problem must occur at least two more times under the Manufacturers warranty period OR the vehicle must be in the shop 30 days in the 12/12 period. The 30 days do not have to be consecutive, nor do they have to be for the same problem.

What If a Vehicle Is Not Covered by Pennsylvania's Lemon Law?

It's important to note that even if your car falls outside of the limitations established by the Pennsylvania Lemon Law, there are still Federal breaches of warranty laws which may apply. If your car has an original or extended manufacturer's warranty and has a problem that can't be fixed after three repair attempts, chances are you may have some recourse. Therefore, it's suggested that you contact a qualified Pennsylvania Lemon Law Attorney to determine whether you are entitle to compensation

How to Avoid Buying a Lemon

Many people think that when buying a new car, the odds of getting a lemon can't be reduced, but this isn't the case. With a little extra effort, car buyers can greatly reduce the odds of having a sour experience by following this simple advice:

1) Review the National Highway Traffic Safety Administration (NHTSA) Vehicle Complaints List - Avoid the Vehicle with a High Proportion of Complaints

2) Check out the Car Book by Consumer Advocate Jack Gillis and The Center for Auto Safety as a Guide to the Highest Rated Vehicles.

3) Inspect the Vehicle Thoroughly Including a Test Drive; Take Extensive Notes , You May Need Them Later

4) Carefully Document All Vehicle Repairs Keeping All Invoices and DocumentsUnderstand Your Rights Under Pennsylvania Law

In conclusion, buying or leasing a new car in Pennsylvania does not have to be a risky proposition. By knowing your rights and taking active steps to avoid a "lemon" you can dramatically decrease the likelihood of problems with your new car and enjoy the new car experience without fear or concern.

Article Source: http://EzineArticles.com/?expert=Paul_J_Fleming

A Pennsylvania Lemon Law Review

Used Car Lemon Law in PA

Used Car Lemon Law in PA
By Greg Artim

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 purchasers in Pennsylvania is the Unfair Trade Practices and Consumer Protection 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. 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 vehicles 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.

Article Source: http://EzineArticles.com/?expert=Greg_Artim

Used Car Lemon Law in PA