Experienced Lemon Law Lawyers in PA

There are a few requirements that determine whether your vehicle is covered by Pennsylvania Lemon Law:

• The vehicle must either be brand new or a dealer demonstration vehicle.
• The vehicle must be a car, sport utility vehicle, or non-commercial truck or passenger van (motorcycles, RVs, and boats aren’t covered by Pennsylvania’s Lemon Law but there are other laws that can help the owners of those vehicles if they buy or lease one that’s defective).
• The vehicle must be used for personal, family or household use – meaning not primarily used for a business.
• The vehicle must be purchased or leased from a dealer in Pennsylvania or purchased/leased in another state and then titled in Pennsylvania during its first year of ownership or first 12,000 miles.

Not every vehicle defect or problem qualifies you for a Lemon Law claim (although there may be other laws available to make a claim and get compensation).

Pennsylvania’s Lemon Law requires:

• A defect or other problem with the vehicle that does not conform to the manufacturer’s warranty.
• The defect or problem substantially impairs the use, value, or safety of the vehicle.
• The defect or problem has not been repaired or corrected by the car dealer after three attempts (in other words, you need to give the car dealership at least three chances to repair or correct the defect before you file a Lemon Law claim). The dealer is required to give you a fully itemized statement of the work each time you take the vehicle in for repair or service, including information about any parts installed and labor performed.
• BUT if the vehicle has been out-of-service because of the defect—or any other problem or malfunction—for a cumulative total of 30 or more days, you can file a Lemon Law claim EVEN IF the dealer hasn’t had three opportunities to fix the defect.

Pennsylvania’s Lemon Law provides for two remedies – you choose the one you want:

• A refund of the purchase price: If the owner chooses to receive a refund, the vehicle’s manufacturer is required to pay back:
  • The vehicle’s purchase price (not the market price, or its current value, but the purchase price you paid according to the original invoice or lease contract).
  • The sales tax you paid.
  • The down payment, loan and lease payments you’ve made.
  • Attorneys’ fees, expert fees and court costs.

• A replacement vehicle: If you’d rather get a brand-new vehicle that operates correctly, you have the option of receiving a comparable vehicle (same make, model and trim level) with credit for all of your payments as if you still owned the original vehicle. In other words:
  • Your loan or lease continues at its current unpaid balance and will still run for the original term (it is not extended).
  • Your prior payments are counted toward the loan or lease as if you still owned the defective vehicle.
  • In other words, if you were in month six of a four-year car loan or lease when the defective vehicle was replaced, your next payment with the new car counts as payment number seven under your loan or lease.

If you purchased a used car in Pennsylvania, or the problems with your new car started after the first year or 12,000 miles, you may still be protected under other consumer protection laws. For example, if the vehicle is still covered by the manufacturer’s warranty, you may have a Breach of Warranty claim or a Fraud Claim.

The Lemon Law is designed so that the owner of a defective vehicle is fully-reimbursed and not stuck paying additional expenses or costs. The law includes a fee-shifting provision that requires the vehicle manufacturer to pay all attorneys’ fees and other legal costs if the consumer wins the case IN ADDITION TO reimbursement for all repairs and service visits at the dealer.

All of these expenses are paid whether you choose the refund remedy or replacement vehicle remedy.

Yes, we file Lemon Law claims for vehicle owners throughout Pennsylvania no matter where they live in the state. If we need to have an expert inspect your vehicle and write a report, we will send that person to you. If you live outside PA and are looking for a Lemon Law attorney in NJ, we may still be able to help.

We work tirelessly to get our clients back on the road and with money back in their pockets as soon as possible, with a goal of settling each case within the first 30 to 90 days. We aren’t afraid to file suit against the manufacturer if they refuse to give our clients everything they’re legally entitled to.

Even if the repairs and issues with your vehicle don’t fit within the parameters of Lemon Law, they may qualify as unreasonable under other state or federal consumer protection laws. Call Timothy Abeel & Associates at 888.611.5481 or contact us online to find out if you have a breach of warranty or loss in value claim.

Timothy Abeel & Associates, P.C. works to get the owners of defective or malfunctioning vehicles the settlement they deserve as fast as possible. Give our firm a call at 888-611-5481 to find out what you are entitled to as a consumer.

The biggest misconception among consumers is that they must wait for the same problem to occur three times before making a Lemon Law claim.

Under PA law, you are entitled to make a claim if your car is in the shop for 30 days or more within the first 12 months or 12,000 miles driven.

Moreover, the days do not have to be consecutive. If your car needs to go into the shop for the same problem, and each period is for 15 days, you are driving a lemon and have the right to make a claim against the manufacturer.

For this reason, we strongly recommend ensuring that repair invoices contain specific dates so you can present them as evidence.

No. You would not be entitled to file a claim under Lemon Law. The restrictions are inflexible, with no exceptions made. However, this does not mean you are not entitled to compensation.

Federal Warranty Statutes enable you to claim if your vehicle is still under an original or extended warranty. If you experience repetitive repairs for the same issue, Timothy Abeel & Associates can still launch a case under the Federal Magnuson-Moss Act. These types of cases still give you the right to cost-free legal representation.

Cases outside of the Lemon Law remit still entitle you to claim monetary damages that accurately reflect the vehicle’s diminished value. You would maintain full ownership of your automobile, and your existing warranties would remain valid.

Awards made under the Magnuson-Moss Act are entirely non-taxable.

Sometimes, used cars may be covered under the auto Lemon Law. If a car has a Lemon title that the dealer failed to disclose before purchase, you could still pursue a claim under the Lemon Law.

However, dealer misrepresentation is typically covered by the Pennsylvania Unfair Trade Practices Act instead of the Lemon Law. Either way, you have a case in both circumstances.

The Lemon Law does not apply to used cars in most scenarios. Instead, the Magnuson-Moss Warranty Act would apply to used cars that still have an original, extended, or manufacturer’s warranty.

Whether you have a new or used car, you can still call us to find out whether you have a case.

Yes. Leased cars would be covered under the law. The inclusion of leased cars is a relatively new addition to the Commonwealth’s existing package of laws.

PA House Bill 767 was passed in February 2002 to provide additional protection to leased vehicles. This protection was vital for new drivers, with 20% of new car drivers choosing to lease instead of buy.

Leased car drivers have the same protections as new car drivers.

No. Motorcycles are expressly excluded from Lemon Law protections. If you drive a motorcycle and experience repetitive repairs, you may still be able to pursue your case.

The Magnuson-Moss Warranty Act does cover motorcycles. If your motorcycle is still under an active warranty, repetitive issues could qualify you for monetary compensation from the manufacturer.

Contact Timothy Abeel & Associates, and we will look into your case cost-free to see if you are entitled to compensation.

Many drivers make the mistake of returning their vehicle to the dealership or abandoning it if they experience issues in the days and weeks after purchasing a vehicle for the first time.

Understandably, drivers become frustrated and irritated by repetitive issues, but you have a right to compensation. To pursue it, you must follow the correct procedure for making a claim.

Abandoning your vehicle is the biggest mistake you can make because a judge would view it as voluntary repossession. If voluntary repossession occurs, your credit and claim could be damaged.

You are entitled to contact a Lemon Law attorney in PA the moment you believe your vehicle qualifies. As soon as you believe it does, contact Timothy Abeel & Associates for a free case review.

Like any legal case, documentation is the key to proving your claim. Often, many drivers come unequipped with legitimate documentation that can be used to win them the compensation they are entitled to.

First, you must return your vehicle to the dealership where you purchased it to have it inspected and repaired. Never take your vehicle to a third-party garage or dealership, or it could cause your claim to be derailed.

Once you pick up your vehicle, ensure you receive a repair invoice. This invoice is the primary supporting document in your case. Inspect it when you are in the shop to ensure the information is correct.

The date you brought the car in, picked it up, and performed repairs must be listed clearly. Your invoice should also accurately describe the problems you have experienced with the vehicle.

Ensure you keep a hard copy of every invoice for your Lemon Law lawyer in PA. This will make it easier to process your claim when your lawyer presents your evidence to the manufacturer.

Yes. These vehicles may be sold per the revised Pennsylvania Lemon Law, enacted in February 2002. However, these vehicles must have a written notice stating that the car was involved in such a case. Moreover, the new owner must sign a form certifying that they are aware of the vehicle’s history.

Dealers and leasing companies that transfer these vehicles must also issue an official notification to the Division of Motor Vehicles, which will then mark the car’s title.

You may be able to obtain a full or partial refund as part of your Lemon Law case.

Several forms of compensation can be awarded as part of a successful Lemon Law case. Most forms of compensation, such as a replacement, are simple enough to grasp, but how do refunds work?

In the case of a vehicle refund, the refund calculation accounts for the total purchase of the vehicle and then deducts the reasonable allowance for vehicle use. The latter figure depends on factors like its overall mileage.

The odometer reading will typically be calculated at 10 cents per mile. For example, the reasonable allowance for a vehicle driven 8,000 miles would be $800.

Refund amounts can also include the following:

• Sales tax, licensing fees, registration costs, and other additional costs of ownership
• Modifications to the vehicle added by the manufacturer or an authorized dealer within 30 days of purchase
• Current trade-in value
• Attorney costs
• Expert witnesses
• Lemon Law filing fees

Since there is so much variation in how much your refund could be worth, your lawyer will examine all available evidence before negotiating the highest possible settlement on your behalf.