DESSEN, MOSES & ROSSITTO
Last Updated: May 29, 2006

INFORMATION ABOUT
AUTOMOBILE LEMON LAWS

Some new cars seem to be manufactured under a black cloud. The problems they seem to have don't seem to be able to be fixed, no matter how many times you try. The car seems to live in the dealer's shop. Years ago, whenever you were unlucky enough to have purchased a "lemon", you were stuck with a car with serious problems. This is no longer the case in those states that have enacted lemon laws.

We hope that the questions and answers presented here will assist you in familiarizing yourself with the issues and terms relating to lemon laws. While the material below attempts to answer common questions in this area, State and local laws may significantly modify the facts set forth. Because all legal problems are unique, nothing provided here is a substitute for the advice of competent counsel. We strongly urge you to consult with an attorney licensed to practice in your state about any particular legal problem you may have.

WHAT ARE LEMON LAWS?

Most states have enacted laws that address the problem of newly manufactured automobiles with defects which cannot be corrected despite numerous attempts by the car dealer and/or manufacturer. Lemon Laws generally provide the consumer with the opportunity to have the manufacturer either replace or buy back the defective automobile. The consumer's remedy is through the manufacturer, not the dealer.

WHAT IS A "LEMON?"

Generally speaking, a "Lemon" is a new automobile with a defect that substantially impairs the automobile's use, value or safety but which cannot be repaired. Your state's lemon laws may not apply to motorcycles. Whether or not the defect in your car is of such a nature must be determined on a case-by-case basis. Obviously, the more serious the problem, the greater the probability that your car is a Lemon. Before a car can be labeled a "Lemon," however, you must usually give the manufacturer a "reasonable opportunity" to fix the problem. Most states define "reasonable opportunity" as three chances and presume that any defect that cannot be fixed after three attempts at repair will not ever be able to be repaired.

DOES THE LAW APPLY TO ALL AUTOMOBILES?

No. Lemon laws generally apply only to "new" automobiles used primarily for personal, family or household purposes. They usually do not apply to vehicles used for business. Further, most Lemon laws require that you discover and report the defect to the manufacturer or its dealer within a specified time from the date of purchase. In Pennsylvania, you must discover the defect and report it to the manufacturer or its dealer within the first year or 12,000 miles (whichever comes first) following delivery. In New Jersey, you have the first 24 months or 18,000 miles. Other states may have different time limits.

WHAT IF MY CAR IS LEASED, NOT PURCHASED?

This, too, varies from state to state. In New Jersey and most other states, the Lemon laws apply equally to leased vehicles and purchased vehicles. In other states, including Pennsylvania, the Lemon law applies only to purchasers. Those who lease in Pennsylvania have a remedy against the manufacturer for breach of warranty. However, that remedy is not as extensive as that under the Lemon law.

IF THE LEMON LAW DOES NOT APPLY TO USED CARS, CAN I USE ANY OTHER LEGAL ARGUMENTS?

If a used car's original manufacturer's warranty was in effect when the defect arose, the consumer may have a valid breach of warranty claim. Though not as extensive as Lemon laws, warranties provide rights and remedies similar to those under the Lemon laws. If the original manufacturer's warranty is no longer in effect, then the consumer will be left with the limited rights provided in the dealer's warranty, if any. Warranty claims and Lemon law claims should be pursued with an attorney.

DO I HAVE TO DO ANYTHING BEFORE I CAN GO TO COURT?

Maybe. Depending upon the state you are in and your specific manufacturer, you may have to go through an arbitration or mediation procedure before you have the right to go to court.

DO I NEED A LAWYER FOR A LEMON LAW CASE?

The Lemon law is a very technical and specialized area of the law. The manufacturer is probably not going to voluntarily offer you your money back or a new automobile and, in fact, will do its very best to ensure that you keep your present vehicle. To effectively assert all of your rights as a consumer under the law, you need an attorney.

WHAT DOCUMENTS DO I NEED TO BRING TO MY LAWYER?

Your attorney will need to see all of your car's service records from the dealer and any other mechanic who might have worked on the car, as well as your purchase/lease receipts and documents. Your attorney will also need a copy of the manufacturer's warranty and all the documents concerning any mediation or arbitration you may have already participated in.

WHAT DO I GET IF I WIN MY CASE?

If the Court determines your car is a Lemon, Most states provide that the manufacturer must either refund all of your money or give you a new car. The choice is yours. In most states the law also provides that the manufacturer pay your attorney's fees and court costs. In addition, in some states, including Pennsylvania, a violation of the Lemon law is a violation of the state Consumer Protection Law, which could result in an award of additional money damages.

HOW IS MY ATTORNEY PAID?

If you win your case, your attorneys fees and court costs will normally be paid by the manufacturer. If you are unsuccessful, we, like most attorneys, will not charge you any fee. It is our policy to not ask a client to reimburse us for out-of-pocket expenses incurred. That is not how all attorneys handle lemon Law cases, however. As in all cases where you retain an attorney, the two of you should agree in writing to the fee arrangements before any work is done on your case.

If you or someone you know has an automobile that might be a Lemon, a DESSEN, MOSES & ROSSITTO attorney will be happy to review the facts concerning this automobile. Just press the button below to submit a factual history form.

If you have other questions or comments about Lemon Laws or any other area in which we practice, please send us an E-mail message with your questions or comments and we will be happy to try to assist you.

LINKS TO OTHER INTERESTING INFO

ALLDATA Corporation
Auto Trader
Automotive Encyclopedia
Better Business Bureau
Carfax Vehicle History Service
Car Trackers
Federal Trade Commission (FTC)
Kelley Blue Book Official Guide

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INFORMATION ABOUT AUTOMOBILE LEMON LAWS