The 6 Step Pennsylvania Lemon Law Test

Dec 9
08:41

2008

Greg Artim

Greg Artim

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Take the PA Lemon Law Test to see if you are driving a lemon. If you are, then you can present a claim for a full refund of the purchase price or a free replacement vehicle.

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Take the Pennsylvania Lemon Law Test to see if you are driving a lemon. In PA,The 6 Step Pennsylvania Lemon Law Test Articles if you are driving a lemon, the Lemon Law sets forth that you are entitled to a full refund of the purchase price or a free replacement vehicle.

1. Does your vehicle exhibit a substantial defect or non/conformity?

This is the first key in determining whether or not you have a lemon. The defect within your vehicle must be substantial, and it must affect the use, value or safety of the vehicle. While there is no definitive list as to what is substantial, the common sense test applies here. Problems associated with the engine, transmission, suspension, drivetrain, steering, brakes and any water leaks are often found to be substantial. Problems associated with the radio or the rear-view mirror may not meet this criteria. (That does not mean that you don’t have a claim, it just might have to be pursued under other state or federal laws).

2. Have you given the dealer/manufacturer a reasonable opportunity to repair the defects?

This is one that my clients sometimes have trouble with. Often, I receive a call after a person’s vehicle has exhibited a problem one time. That is simply not enough to pursue a claim. The PA Lemon Law requires that the manufacturer be given a reasonable opportunity to repair the defect. The Lemon Law has set forth that the number of repair attempts is 3 (for the same problem). There is an alternative that can be satisfy this requirement with less that 3 repair attempts and that is if the vehicle is out of service for more than 30 calendar days total (all repair attempts added up).

3. Did you notify the manufacturer of the defect within the first year or 12000 miles?

The problem that you are complaining of must appear within the first year or 12000 miles, and the dealer/manufacturer must be placed on notice of the problem within that time.

4. Was the vehicle purchased in Pennsylvania and is it registered in Pennsylvania?

These two are required elements to pursuing a Lemon Law claim in PA.

5. Was the vehicle purchased new or as a demonstrator?

The vehicle in question must have been purchased as a new vehicle, or have been a demonstrator. Used vehicles are not eligible for coverage under the PA Lemon Law at the time of this writing.

6. Is the vehicle used for personal use?

The Pennsylvania Lemon Law only covers personal use motor vehicles, that is, vehicles that are primarily used for transportation or leisure use. The Lemon Law does not cover commercial vehicles.