Within my daily practice of law I handle between five to twenty telephone calls or emails concerning the Pennsylvania Lemon Law and it is application to a particular vehicles. I’ve been surprised about the possible lack of understanding available with everyone, and so i am hopeful that this information will eliminate most of the myths released there by individuals who don’t know better.
1. Myth – I am unable to manage to pay a lawyer to represent me.
The fact is that it doesn’t matter what you could manage to pay. Pennsylvania, and many other states, have provisions within the Lemon Law that provide recovery of the attorney charges when you’ve got a lemon. In that way, most trustworthy lemon law attorneys (myself incorporated) don’t charge an up-front retainer of any type. We depend around the merits of the claim and also the relevant laws and regulations that people proceed under to take into account assortment of our attorney charges. Essentially, inside a lemon law claim, while find a lawyer to fully handle your case, you normally won’t pay him anything from your pocket.
2. Myth – The dealership cannot find an issue with my vehicle, so there’s no situation.
This really is absolutely false. Many issues that we come across within our lemon law cases involve “intermittent” problems, that occur randomly. Your duty like a vehicle owner would be to inform the makerOrcar dealership whenever these complaints occur, after which to provide them the chance to create a repair. When they cannot correctly identify the issue, that’s their concern, not yours.
3. Myth – The dealership has fixed the defect, so I don’t possess a situation.
The Pennsylvania Lemon Law claims that the maker must fix the defect inside a reasonable quantity of attempts. Established situation law has held that the amount of attempts which are “reasonable” are three (3). When the dealer/manufacturer cannot repair the defect after three tries, then you’ve a lemon law claim regardless of what. When the dealer fixes the defect around the 4th or later attempt, you’ll still be capable of proceed together with your lemon law claim.
4. Myth – I’ve got a second hand vehicle, so I don’t possess a situation.
That one is both true and false. The Pennsylvania Lemon Law only pertains to “new” vehicles, including dealership demonstrators. However, there are more condition and federal laws and regulations where you can bring claims in which the defective vehicle includes a warranty onto it. When the dealership doesn’t result in the repair following a reasonable quantity of attempts, a lawyer may bring a breach of warranty claim underneath the other condition and federal laws and regulations.