PENNSYLVANIA LEMON LAW PROVIDING COST-FREE HELP TO DISTRESSED DRIVERS

04Mar08

While many Pennsylvania consumers know that there is a “lemon law” in place, very few know how the statute works, or that it provides completely cost-free legal assistance to all consumers.

The Pennsylvania Lemon Law applies to new cars that suffer a non-conformity, a defect or condition which substantially impairs the use, value or safety of the vehicle. Problems can run the gamut to include all sorts of issues, including transmission concerns, water leaks, check engine lights, electrical shorts, and steering problems. The problem must occur within the first 12 months or 12,000 miles of ownership and continue to occur despite a reasonable number of repair attempts (usually three). Only the first problem needs to occur in the 12 month/12,000 mile window. The Pennsylvania Lemon Law also applies to cars which are in the shop for 30 days or more in the same calendar year. These days do not have to be consecutive.

The Pennsylvania Legislature has come a long way to strengthen the PA Lemon Law. In 2002, the State House of Representatives Consumer Affairs Committee expanded the law to include leased cars, providing lemon law protection to 20% more of the State’s drivers. In addition, the PA Lemon Law expanded to include tighter title branding for used cars, protecting used cars consumers who unsuspectingly purchase used cars with lemon histories. Craig Thor Kimmel, Founder of the Pennsylvania Lemon Law Firm of Kimmel & Silverman worked hand-in-hand with government as a legal consultant on these addendums.

Using fee-shifting provisions, the PA Lemon Law provides completely free legal assistance to consumers. If the consumer prevails, the manufacturer must pay all attorney fees and legal costs ON TOP OF what the consumer receives. This puts the consumer and the manufacturer on an equal playing field. Possible remedies under the Pennsylvania Lemon Law include a new car, or a full or partial refund.

It’s important to note that even if your car falls outside of the limitations established by the state Lemon Law, there are still federal breach of warranty laws which may apply. If your car has an original or extended manufacturers warranty and has a problem that can’t be fixed after three repair attempts, you still may be entitled to additional remedies.

For more information regarding the Pennsylvania Lemon Law, contact the lemon law firm of Kimmel and Silverman at 1-800-LEMON-LAW (1-800-536-6652) or visit their website at www.lemonlaw.com. Since 1991, Kimmel and Silverman is the oldest and largest lemon law firm in Pennsylvania, and was honored for their efforts by the (ABA) American Bar Association.

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