Important Pennsylvania Lemon Law Deadlines
Pennsylvania car customers can seek relief from a defective warrantied vehicle through two separate laws: the Pennsylvania state lemon law (the New Vehicle Buyer Protection Act) and the federal Magnuson-Moss Warranty Act.
Both state lemon law and the Magnuson-Moss Warranty Act help protect consumers who unknowingly purchase defective vehicles, known as “lemons,” and compensate them for their losses. There are certain limitations, however, to whom the laws can help and when. Knowing which law to use when seeking relief can help your case resolve efficiently and fairly.
Consumers in Pennsylvania must file a state lemon law complaint within 12 months of the vehicle’s delivery to the consumer, or within the first 12,000 miles of use, or within the term of the manufacturer’s warranty; whichever comes first. For example, if a consumer buys a new vehicle with a two year warranty and it develops a problem after six months, they have six more months to file a claim. However, if they have already traveled 10,000 miles in the vehicle, they must file the claim before traveling another 2,000 miles.
Importantly, a Pennsylvania consumer should seek the assistance of a lemon law attorney to determine the time remaining, if any, to file a Pennsylvania state lemon law claim and whether it makes good sense to do so in light of the underlying circumstances.
Those filing a complaint using the state’s lemon law must undergo arbitration before the law’s repurchase or replacement provisions are applicable. While arbitration can be faster and less formal than filing a civil lawsuit, it has a number of downsides and rarely resolves favorably for the consumer.
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The federal Magnuson-Moss Warranty Act of 1974 borrows the statute of limitations from the state in which the breach of warranty occurs. In the state of Pennsylvania, breach of warranty claims follow the Uniform Commercial Code’s four-year statute of limitations. Therefore, the statute of limitations for federal Magnuson-Moss Warranty Act claims in Pennsylvania is four years.
Because Magnuson-Moss is a federal law, it supersedes any state law and can be pursued even if the state lemon law’s technical requirements are not met. Furthermore, the Act provides the vehicle manufacturer shall pay the claimant’s attorneys’ fees if the claimant prevails against the manufacturer. Lemon law attorneys exist that will only collect attorneys’ fees if they succeed in obtaining a financial recovery for their clients.
Hiring a lawyer to assist in your lemon law case is a prudent decision. Lawyers act as both their client’s guide and advocate within the legal system. The law contains innumerable technicalities and pitfalls that may seem minor to a layperson, but can seriously and adversely affect a lemon law case if ignored. Courts do not go lightly on those who do not understand or follow standard legal rules and procedures.
If you bought a lemon car and cannot get any help from the manufacturer, don’t hesitate to reach out to a qualified lemon law attorney. They have the experience and expertise needed to get you the justice you deserve.