Take the Pennsylvania Lemon Law Test to see if you are driving a lemon. In PA, if you are driving a lemon, the Lemon Law sets forth that you are entitled to a full refund of the purchase price or a free replacement vehicle.
1. Does your vehicle exhibit a substantial defect or non-conformity?
This is the first key in determining whether or not you have a lemon in the state of Pennsylvania. The defect exhibited by your vehicle must be substantial, and it must affect the use, value or safety of the vehicle. While there is no definitive list as to what is considered substantial, the common sense test applies here. Problems associated with the engine, transmission, suspension, drivetrain, steering, brakes and any water leaks are often found to be substantial. Problems associated with the radio or the rear-view mirror may not meet this criteria. (That does not mean that you don’t have a claim, it just might have to be pursued under other state or federal laws).
2. Have you given the dealer/manufacturer a reasonable opportunity to repair the defects?
This is one that my clients sometimes have trouble with. Often, I receive a telephone call or an email after a vehicle has exhibited a problem just one time. That is simply not enough to pursue a claim under the law. The PA Lemon Law requires that the manufacturer be given a reasonable opportunity to repair the defect. The Lemon Law has set forth that the number of repair attempts that is considered "reasonable" is 3 (for the same problem). There is an alternative that can be satisfy this requirement with less than 3 repair attempts and that is if the vehicle is out of service for more than 30 calendar days total (all repair attempts added up).
3. Did you notify the manufacturer of the defect within the first year or 12000 miles?
The problem that you are complaining of must appear within the first year or 12000 miles, and the dealer/manufacturer must be placed on notice of the problem within that time.
4. Was the vehicle purchased in Pennsylvania and is it registered in Pennsylvania?
These two are required elements to pursuing a Lemon Law claim in PA. The registration and purchase state must be Pennsylvania.
5. Was the vehicle purchased new or as a demonstrator?
The vehicle in question must have been purchased as a new vehicle, or have been a demonstrator. Used vehicles are not eligible for coverage under the PA Lemon Law at the time of this writing.
6. Is the vehicle used for personal use?
The Pennsylvania Lemon Law only covers personal use motor vehicles, that is, vehicles that are primarily used for transportation or leisure use. The Lemon Law does not cover commercial vehicles.