Used Vehicles in PA - Is it a Lemon
There are a few laws that protect you in the event that you have purchased a defective Used Vehicle in
Pennsylvnania.
I receive several phone calls at my law office each day inquiring about the Pennsylvania Lemon Law and
Used Vehicles. I begin by telling each prospective client that the PA Lemon Law does not cover used
vehicles at this time.
Fortunately, that doesnt mean that you dont have a case. If you have purchased a "used" vehicle that still had
some of the original manufacturers warranty on it at the time of its purchase, and a defect arose while under
that warranty, you may be able to bring a Lemon Law type claim. There is a federal law called the
Magnuson-Moss Warranty Act that covers used cars that have a written warranty on them. The Magnuson-
Moss Warranty Act protects consumers who purchase any product that costs over $25 and comes with a
written warranty, so a used car would be covered by this law.
The benefits of this law are many. Like the PA Lemon Law, the Magnuson Moss Act provides for a full
refund or free replacement of the defective product if it cannot be repaired properly after a reasonable
number of attempts. Typically, the number of repair attempts must be three times for the same defect. The
Act further provides for recovery of all associated costs of the claim including recovery of reasonable
Attorney fees. The Magnuson-Moss Act is an act that was designed to ensure that manufacturers (of any
product) who offer a written warranty on that product abide by and honor the terms of any warranty that
they give. A purchaser of a used motor vehicle is a prime candidate to use this law in the event that he
purchases a used "lemon", because the original manufacturers warranty transfers to all subsequent owners of
the vehicle until it expires based upon mileage or a given length of time.
In practice, Lemon Law Attorneys have used this Act very successfully in Pennsylvania to protect
purchasers of defective "used" motor vehicles. If your used vehicle has suffered a defect while still under the
original manufacturers warranty, you may be entitled to a full refund or free replacement utilizing this law.
Another law that may assist purchasers of Used Vehicles in PA is the Pennsylvania Unfair Trade Practices
and Consumer Protection Law. This law was designed to help consumers who have not received "what they
paid for". Our office uses this law quite frequently to pursue used vehicle claims where the consumer
purchases a vehicle from a dealer, the vehicle suffers major problems shortly after purchase, and the dealer
fails to remedy the situation. The great thing about the Unfair Trade Practices Act is that it also provides for
recovery of reasonable attorney fees.
Either of the above laws provide great protections to individuals who have purchased defective used
vehicles in Pennsylvania.
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