AUTOMOBILE LEMON LAW

 The Automobile Lemon Law was enacted to protect consumers who have had the misfortune of purchasing a new car which is defective or does not operate properly. When ever you purchase and register a new car within the state of Pennsylvania, the dealer is required to give you a summary of your rights under the law.

The Automobile Lemon Law may entitle the consumer to a refund or choice of a comparable replacement vehicle if:

 (1) the car does not conform to a manufacturers express warranty and

 (2) the vehicle defect substantially affects the car’s use, value or safety.

However, the “lemon Law” covers only defects which occur within the first year, 12,000 miles of use, or the term of the express warranty, whichever comes first.

If the defect occurs within one of the terms or periods mentioned above, and the manufacturer cannot fix the covered defect within three attempts, or the car has been out of service for 30 days, you may be entitled to comparable replacement vehicle or a refund. A refund would consist of the purchase price of the vehicle less a deduction for actual use

In the event that repairs should have to be performed on your new vehicle, make sure that you receive an itemized statement of all repair work done. It is a requirement that you be given this itemized statement of repairs, which you should keep for future reference

To resolve a dispute concerning whether a new car is actually a “Lemon”, you may first have to go through a dispute settlement process, setup by the manufacturer, before you can take the manufacturer to court. A victory in court would entitle you to court cost and attorneys fees.

Top

Disclosure of Damage to New Vehicles

New car dealers are required to tell consumers who are considering purchasing a vehicle represented as new, of any material damage which the car has sustained at the manufacturer or the dealer. In some cases, a dealer cannot simply repair material damage that has occurred to a new vehicle, and continue to represent it as new. The consumer must first be informed before she decides whether or not to pay full purchase price for that particular vehicle.

Used Motor Vehicle Trade Regulation Rule

This rule, which is promulgated by the Federal Trade Commission, provides protection for consumers who are purchasers of used cars.

The Used Motor Vehicle Trade Regulation Rule prohibits dealers from:

 (1) misrepresenting the mechanical condition of a used car or,

 (2) misrepresenting the warranty terms of a used car.

The rule also requires the dealer to put a buyers guide window sticker in every used car. This sticker must:

 (1) tell you whether the car is sold is sold with a warranty,

 (2) tell you what the terms of the warranty are, if the car is sold with a warranty

 (3) warn you to get all promises in writing and

 (4) warn you to ask to have the car inspected by a mechanic before you buy.

Since this window sticker is part of your contract, you should be sure to keep it. If you wish to correct or report any violations of the rule, you must first contact the Federal Trade Commission, who is responsible for its enforcement.

You also have the option of contacting the Attorney General’s Office at 1-800-441-2555 concerning unfair business practices. You can contact the Better Business Bureau at 412-456—2720, who will also send a report to the Attorney General’s Office. You would then need to press 2 on your phone for the Lemon Law.

You can file your complaint at the Attorney General’s Office and the Better Business Bureau.

Top