Ever since there have been lawyers, there have been lawyer jokes. We
might not always like what they do, but when they set out to provide
consumers with protections they usually get it right. Such is the case
in Pennsylvania with the State Statue Title 73, Chapter 29, Sections
1951-1963. This is commonly referred to as the Pennsylvania Lemon Law.
Before deciding if you have a lemon, you should understand what the
terms are as defined by the statue. The "dealer" is the person who sold
you that car. The "manufacturer" is the automaker who made the car. The
"manufacturer's express warranty" is that limited warranty that came
with the car. The Pennsylvania Lemon Law pertains to a "new motor
vehicle" which is any time of vehicle driven on public roads that
carries up to 15 people.
Sorry but motorcycles, motor homes or ATVs are not included. And
finally, the "purchaser" is you, the person who bought the car in the
first place.
Now that you understand what the lawyers will be referring to, it's
time to determine if you qualify for a lemon law refund or replacement.
Pennsylvania Lemon Law Conditions
Thanks to a recent addition to the statue, Pennsylvania's Lemon Law not
only covers purchased cars, but also leased cars as well. In order to
be qualified as a lemon, your car needs to possess a nonconformity
covered by the manufacturer's warranty. That is legalese for something
that's broke on the car that is the maker's fault.
This defect needs to rise to the level of rendering the car inoperable.
It can't just be a busted radio or stuck window. If the defect is the
result of any accident or abuse you inflicted onto the car then it's
not going to be deemed a lemon. On the other hand, if you took the car
in for a fix to your dealership and they made the problem worse then it
could become an official lemon.
The car's problem also needs to have occurred within the first year of
ownership or the first 12,000 miles. Once you have discovered this
manufacturer's defect you need to give that original automaker three
shots at fixing the problem. This doesn't mean taking the car back to
Detroit, but by taking it to an authorized mechanic.
Pennsylvania Lemon Law Reimbursement
As with everything else in our lives, we should keep records of our car
maintenance. Even if your car is running smoothly, you should still be
making a notation of oil changes, tire rotations and other check up
issues. That's why you're given a log in the owner's manual.
Keeping records is especially important when things go sour with your
car. You'll need to present any receipts, repair estimates or other
written statements from your mechanic to the automaker in order to
qualify for your refund or replacement car.
When your car has been deemed an official lemon, you'll have the option
to either get a new car under the same purchase contract or get a full
reimbursement for what you've paid to the car. This should include all
the taxes and registration fees. For a leased car, you'll be getting
back all the payments you made toward the contract.