The Car May Be a ‘Dud’, Not a ‘Lemon.'
I have had many people come in for a consultation regarding having purchased a car that is a “lemon.” After speaking with them, I almost always have to tell them they do not, in fact, have a lemon law case under Pennsylvania’s Lemon Law. The standards for which vehicles are considered “lemons” are clearly outlined in the law. First of all, the vehicle must be new. It can be a lease or purchase, but it may not be a pre-owned vehicle. Next, the problem affecting the vehicle must “substantially impair” the value, use, or safety of the vehicle. Third, the issue must arise in the first 12,000 miles or first 12 months of ownership. If your situation does not fit these criteria, you do not have a lemon.
It is important to understand, though, that, just because you do not have a claim under the Lemon Law, does not mean you have no recourse. The Unfair Trade Practices and Consumer Protection Law also provides a cause of action which can be invoked against shady dealerships in certain circumstances.
Remedies under both laws can include rescission of the contract, meaning you get back your money and the dealer takes back the car, or provision of a replacement vehicle of suitable quality.
If you feel that you have been mistreated or defrauded by an auto dealership, contact Scaringi Law 717 657 7770 to fight for you.