About Lemon Law
What is the Lemon Law?
The Lemon Law is a state law which is defines when a manufacturer has breached its warranty and what the victim is entitled to for such a breach of warranty. The Pennsylvania Lemon Law
, New Jersey Lemon Law
, and New York Lemon Law
provides for a Full Refund or a Replacement Vehicle and mandatory Attorney's Fees and Costs if the consumer prevails.
The Lemon Law Firm – We Can Help!
David J. Gorberg and Associates (1-800-MY-LEMON) has helped more than 30,000 consumers across Pennsylvania, New Jersey and New York, recovering millions of dollars in lemon law settlements. There is no cost to our clients and all legal fees are included with any settlements. We have the experience needed to handle your case to a successful conclusion. If you are experiencing a problem with your new or used car, truck, or motorcycle we can help. Call us for free information at 1-800-MY-LEMON (1-800-695-3666) or complete our contact form
For further information see our Lemon Law Testimonials
, Lemon Law Cases Settled
or our Lemon Law Successes and Awards
What is a "Lemon?"
The American Heritage Dictionary defines a lemon as: "One that is or proves to be unsatisfactory..." (Houghton Mifflin Company, Boston, 2nd College Ed., © 1985). However, in an effort to further define such a broad term, the Lemon Law attempts to define certain situations which entitle consumers to their money back or a new vehicle.
The Lemon Law is a powerful state law which defines when a manufacturer has breached its written warranty and what the purchaser is entitled to for such a breach of warranty. The lemon law act further provides for payment of all legal fees and costs by the manufacturer should the consumer prevail under the act.
In a nutshell, any defect or nonconformity, or combination of defects, which substantially impair the use value or safety of a new vehicle and which is/are not repaired within a reasonable number of attempts as defined in the lemon law, may entitle you to lemon law relief, consisting of a new car or full refund of the purchase price.
If you are aggravated enough to be reading this you may have a lemon and may be entitled to a settlement under the lemon law and/or federal warranty act. Our firm has represented thousands of consumers throughout Pennsylvania and New Jersey and we have been successful in obtaining lemon law and breach of warranty relief for our clients. Please call us at 1-800-MY-LEMON (1-800-695-3666) to learn more about your rights, and how we can assist you in your lemon law and/or breach of warranty claim, or complete our free case evaluation
. There's no fee or cost to you for our service.
What types of products are covered by the Lemon Law?
All motor vehicles primary used for personal use are covered under the Pennsylvania Lemon Law, New Jersey Lemon Law, New York Lemon Law.
Are leased vehicles covered under the Lemon Law?
(A). Pennsylvania Lemon Law
: In Pennsylvania all vehicles leased after February 11, 2002 are covered under the PA lemon law. Unfortunately, vehicles leased before February 10, 2002 in Pennsylvania are not covered under the PA lemon law (please note that despite the lack of coverage for vehicles leased before February 11, 2002, there are still rights to compensation pursuant to the Federal Warranty Act. For further information regarding the inclusion of leased vehicles under the Pennsylvania lemon law please click here
(B). New Jersey Lemon Law
: The New Jersey lemon law provides coverage for leased cars. More information on the New Jersey lemon law
(C). New York Lemon Law
: The New York lemon law provides coverage for leased cars. More information on the New York lemon law
When Does my Vehicle Qualify under the Lemon Law?
Should the manufacturer fail to abide by it's obligations under the lemon law you have the statutory right to file suit in court seeking compensation for your claim. The lemon law act provides for payment of all attorney fees and costs should the consumer prevail. Please call our firm to discuss your lemon law rights and how we can assist you under the lemon law.
What if I Start having Problems After the Lemon Law year/mileage limitation?
You may still be entitled to compensation. There are other laws which govern warranties which may be used to assist you, including Federal Warranty Act, also known as the Magnuson-Moss Warranty Act
and the Uniform Commercial Code
. David J. Gorberg & Associates currently represents a great number of individuals whose vehicles did not start having problems during the lemon law year/mileage limitation.
Should I Take it in Again?
The answer to that question depends on the facts and
circumstances of each case. Therefore, at this point, the best thing to do is maintain the status quo until you have the chance to speak with a qualified attorney. In other words, do not allow the condition of the vehicle to change by having any repair work done to it. However, if your vehicle is dangerous and you continue to use it, you do so at your own risk. It is important to remember that if you decide to go forward many of the manufacturers will want to inspect your vehicle. You have a much better chance of obtaining the Lemon Law relief you seek if you can demonstrate a defect. If you cannot, you may still be entitled to compensation, but the chances of you getting what you want may be reduced somewhat.
What if they Refuse to Repair?
If the dealer refuses to repair your vehicle, you may also have a Lemon Law claim. The manufacturer has given a warranty, which in most circumstances, requires the dealer to do repair work. If the dealer and/or the manufacturer then refuse to do the repair work, you may have a claim under the Lemon Law, Federal Warranty Law and/or other laws.
What is a Breach of Warranty Case?
Basically, it is the same as a Lemon Law case, however, with two notable differences. First, the standards or requirements for breach of warranty are not as clearly defined. Second, the remedies for breach of warranty are also not as clearly defined. Therefore, you should consult a qualified attorney to discuss whether you may have a breach of warranty case.
What Documents do I Need to Prove a Lemon Law or a Breach of Warranty Case?
The most important documents that you should have to Prove a Lemon Law or a Breach of Warranty Case are the repair orders that you are given after your vehicle has been in for repair. Each time you take your vehicle in for repair you should make sure that all the information contained on these documents is correct. For example, you should be sure that all the complaints are written up EXACTLY as you have stated them; that ALL of your complaints on that visit are included; that the "dates in" and the "dates out" are correct; that the mileage is correct; etc. In Pennsylvania, New Jersey, and New York, dealers are required under the Lemon Law to give you a copy of all of your repair orders. If you cannot get them yourself, a qualified attorney may be able to issue a subpoena to the dealership to obtain all the documents on your vehicle. Also, if you keep a calendar of appointments which shows when you took the vehicle in to the dealer, this can be helpful in lieu of or in addition to the repair orders.
What Can I Get for a Lemon Law and or Breach of Warranty Case?
The ultimate relief in a Lemon Law Case is your money backor a new car. This is known as a “buy back” or a “repurchase.” Whenthat occurs, the defective vehicle is returned to the manufacturer. This is usually doneby returning it locally to one of their authorized dealers. Under a breach of warranty case the consumer obtains compensation in the form of a partial refund with continued ownership of the car. The vast majority of cases are settled under breach of warranty allowing the consumer to receive compensation with continued ownership of the car. In either recovery all attorney fees and costs are paid by the manufacturer.
How will my Attorney Get Paid?
Should we agree to represent you, all fees and costs are paid by the manufacturer and added to the settlement. There is no fee or cost to you for our services. Within our website the word “free” and "free representation" means only that David J. Gorberg & Associates will not charge any of its clients attorneys’ fees or costs pursuant to the Magnuson Moss Act and Lemon Law Act. David J. Gorberg & Associates will seek to recover all attorney's fees from the manufacturer and/or dealer pursuant to State and Federal Laws. Accordingly, the services of David J. Gorberg & Associates are at no charge to any of its clients. However, cases involving fraud and commercial vehicles require a contingency fee agreement (percentage of recovery) paid to David J. Gorberg & Associates.
What are my Chances?
David J. Gorberg & Associates represents many consumers every year with defective vehicles. The majority of our cases settle to the satisfaction of both parties. See our Lemon Law Testimonials
and recent Lemon Law Cases Settled
Can I Resolve This Myself?
You probably should avoid aggravating yourself further and wasting time. First, there is a reason that all 50 states have some form of a Lemon Law. Lemon Laws are passed to remedy problems which have become widespread. However, the mere fact that there is a lemon law does not mean that you will be treated differently if you represent yourself. It still costs a manufacturer less to drag it out with an unrepresented consumer and hope you will either go away or take little or nothing, than it would cost for them to buy back everyone's vehicle who made a complaint. Second, if you fail, you will have wasted precious time if you then have to hire an attorney. By being represented by an experienced lemon law firm you lend legitimacy to your case, and the experience you need to obtain a good result.
What if I Bought my Vehicle Used?
First, if you still had any warranty left from the manufacturer when you purchased your vehicle (or your vehicle was "Certified" by the manufacturer or dealer), and you made at least one unsuccessful warranty claim before the warranty ended, you may be entitled to compensation for breach of warranty.
What You Should do if You have Purchased a Used Car?
One or more of the following procedures may prove to be useful in discovering whether there is something about your vehicle that you were not told:
- Go to http://www.carfax.com
- See a body shop mechanic to determine if your vehicle was wrecked;
- Have your Insurance Company run your Vehicle Identification Number (VIN) on their computer (may be called a C.L.U.E. report) to see if an accident claim was ever made with another insurance company; and/or
- Go to an authorized dealer and have them check the computer to see if it was wrecked or to let you know what the mileage was every time the vehicle was in for repair.
What if I was Lied To, Misled or Taken Advantage of in Connection with the Purchase of my Vehicle?
Again, your case may raise a whole host of issues which are beyond the scope of this "Frequently Asked Questions" section. However, there are many state and federal laws which David J. Gorberg & Associates uses everyday to assist victims of fraudulent and deceptive sales practices.
What to do if you have a Lemon Law Claim
- Check the vehicle’s warranty in order to inform yourself about the proper steps to take to guarantee legal recourse. (A warranty is a written guarantee that the vehicle is of good, sound quality.)
- Hopefully, you can resolve the problem with your automobile dealer. They should want to remedy the problem to maximize future car sales.
- If you cannot resolve the problem with your automobile dealer, contact our firm by calling our toll free telephone number 1-800-MY-LEMON (1-800-695-3666), or complete our free lemon law case evaluation. We will attempt to quickly resolve the claim with the manufacturer at no cost to you. Should the manufacturer refuse to comply with it's lemon law obligations we will promptly file suit seeking compensation under the lemon law. Should your case settle, all fees and costs will be paid by the manufacturer. Regardless of the outcome, you are never responsible for paying our fees and costs.
To learn more about the Pennsylvania, New Jersey, and New York Lemon Law please call 1-800-MY-LEMON (1-800-695-3666) or email us.