Currently, the Pennsylvania Lemon Law only applies to new motor vehicles that are used primarily for family or household purposes. If you have a problem with a used motor vehicle, the PA Lemon Law will not provide any protections to you.
Fortunately, there is a Federal Lemon Law called the Magnuson-Moss Act that may provide protections to you if you have purchased a used motor vehicle that is defective. The Magnuson-Moss Act is a warranty related act that forces manufacturers to comply with the strict terms set forth in their given warranties. If the used motor vehicle that you purchased had some original manufacturer’s warranty on it at the time of purchase and you suffered a defect or non-conformity while under that warranty, you may be able to bring a claim under the Magnuson-Moss Act.
The Mag Moss Act has similar protections to the Pennsylvania Lemon Law, in that the consumer can get a free replacement or full refund of the purchase price if the manufacturer cannot correct the defect after a reasonable number of attempts. The Magnuson-Moss Act also provides for recovery of all collateral charges, including attorney fees, costs, interest payments, taxes and down payments. The great thing about the Mag Moss Act is that there are no mileage or age restrictions. Unlike the lemon law, which requires a repair attempt within the first 12,000 miles, the Mag Moss Act has no mileage restriction. Its the same thing with age…the lemon law only applies to brand new vehicles while the Act applies to any vehicle (or product) that has a written warranty, no matter the age, or whether its new or used.
There are other types of warranty claims that can be presented on vehicle claims, and these include Warranty of Merchantibility and Warranty of Fitness for a Particular Purpose.
Warranty of Merchantibility means that a vehicle is fit for ordinary purposes for which the vehicle is intended, that it
confirms to the affirmations of fact given by the seller and that it meets the contract description. In other words, it generally operates like the vehicle should operate. “You got what you paid for.”
Warranty of Fitness for a Particular Purpose comes into play where a seller, at the time of contracting, knows that the buyer has a particular reason/use intended for the vehicle and the buyer is relying on the seller’s expertise in recommending/selling the vehicle.
Both of the above mentioned warranties are implied in the purchase of a vehicle.
If you have a defective vehicle claim, there is no reason to go it alone. Our firm handles these types of cases on a daily basis, AT NO COST TO YOU!. Please note that we do not handle claims where the vehicle is more than 5 years old or the purchase price is less than $10,000. Call Attorney Artim at (412) 348-8600 to discuss your defective car, and find out if you are entitled to case compensation. If you prefer, send an email to Attorney Greg Artim