Lemon Law Blog

Pennsylvania Lemon Law – 10 Facts Car Owners Should Know

In order to better understand the Pennsylvania Lemon Law we have listed the most important facts which every Pennsylvania new car owner should know.

1. The Pennsylvania Lemon Law applies to all new vehicles purchased in the state, or originally registered in the state. The Pennsylvania Lemon law does not apply to used cars.

2. Only cars used for personal use are covered under the The Pennsylvania Lemon Law. Cars which are primarily used for business or commercial use are not covered under the Pennsylvania Lemon Law.

3. Motorcycles, trailers, campers, and ATV’s are not covered under the Pennsylvania Lemon Law.

4. The Pennsylvania lemon law provides the manufacturer 3 repair attempts to correct a defect or condition that substantially impairs the use value or safety of the car.
If the manufacturer fails to correct a defect in 3 repair attempts, then the consumer is entitled to a new car or full refund.

5. The owner of a lemon new car must bring the defective car into the dealer for repair at least one time within the first year of purchase or 12,000 miles whichever comes first.

6. Under Pennsylvania Lemon Law, you must bring your car for repair to an authorized dealer. Vehicles, which are repaired at non authorized dealers are not covered by the Pennsylvania Lemon Law.

7. The Pennsylvania Lemon Law permits the consumer to hold the manufacturer responsible for towing charges.

8. Pennsylvania Lemon Law does not apply to defects resulting from abuse or the misuse of the vehicle.

9. The Pennsylvania Lemon Law does not allow a manufacturer or dealer to sell a vehicle that was repurchased as a lemon unless the dealer obtains a signed written acknowledgement from the buyer.

10. The Pennsylvania Lemon Law mandates that all attorney fees shall be paid by the manufacturer if the consumer prevails on his or her lemon law claim.

Changes to New Jersey Lemon Law – New and Improved!

As reported in PolitikerNJ.com, Gov. Jon S. Corzine has signed into law a new and improved New Jersey Lemon Law. Thanks to Assemblywoman Mila M. Jasey, the changes to the New Jersey Lemon Law enhance consumer protections and provides greater rights to owners of cars throughout New Jersey.

Under the old New Jersey Lemon Law, owners of defective cars in New Jersey were only covered if their vehicle was found to have non repairable defects, which could not repaired after 3 repair attempts within the first 18,000 miles or two years of operation, whichever comes first.

The changes to the lemon law now expand the coverage to 24,000 miles, instead of 18,000. In addition to the expansion of the mileage, the law also creates a distinction between the types of manufacturer’s defects covered under the Lemon Law.

Consumers who purchase a vehicle with a serious defect – one that is likely to cause death or serious bodily injury if the vehicle is driven – are now able to declare the vehicle a lemon if the problem cannot be corrected after a single repair attempt.

All other types of flaws, continue to constitute a lemon only after three or more failed repair attempts

1-800-MY-LEMON, David J. Gorberg & Associates, Pennsylvania and New Jersey’s premier lemon law firm, congratulate the state of New Jersey and, Assemblywoman Mila M. Jasey, for Protecting Consumers Rights with the changes to the New Jersey lemon law.

Top 5 Reasons to Choose 1-800-MY-LEMON Attorneys For Your Lemon Law Case

1. Free Lemon Law Help

Our lemon law representation is completely free to you. There is no cost to you and we recover our fees from the manufacturer.

2. Lemon Law Experience.

Our lemon law team, consisting of attorneys, paralegals, and automotive experts all have years of experience in handling lemon law cases. We have represented thousands of clients throughout Pennsylvania and New Jersey, recovering millions of dollars in settlements, and have become the leading lemon law firm to call for free legal help in Pennsylvania and New Jersey.

3. Quick and Efficient Lemon Law Settlements.

Because of our years of experience we are able to settle many cases within a short time period, such as 30-60 days.

4. Personalized Lemon Law Serviced.

Our firm prides itself on the outstanding personalized service. You are not just a number, but a valued client. We always make sure our clients are informed about the status of their lemon law cases and calls are always answered and returned.

5. The Top 100 Attorneys In Philadelphia and Pennsylvania.

Select our firm because our founder, David J. Gorberg, is considered one of the best lemon law lawyers in the country. In addition, Mr. Gorberg was only lemon law attorney to be included in the Top 100 attorneys list as published by Philadelphia Magazine.

New Lemon Law Cases at 1-800-MY-LEMON, Fall in for September!

Summer is over, fall is almost here, and our phones at 1-800-MY-LEMON are ringing off the hook with new lemon law clients. We have set a record for new lemon law cases signed up for the first 2 weeks of September.

Our TV and Radio lemon law ads are running in many Pennsylvania cities and so far the feedback has been fantastic.

If you are experiencing car problems we can help you get money back.

1. You call 1-800-MY-LEMON or visit us a MyLemon.com
2. We evaluate your lemon law case and provide cost free representation
3. We submit your case to the manufacturer, and get you a cash settlement.

Top 10 Signs Your New Car is a Lemon

It’s monday morning, so we thought we would start out the week with some lemon law humor. Our lemon law firm compiled a humorous list of the “Top 10 Signs Your Car Is a Lemon”.

1. 1-800-MY-LEMON, the lemon law attorneys, written on dashboard.
2. Manufactured in Zchkynk, Crzyktjkystan.
3. Oil spills on your driveway prompt a visit from Greenpeace.
4. The rear-view mirror says, “Objects in Mirror Are Better Than This Piece of Junk.”
5. Turn on the wipers and two guys climb out of the trunk with squeegees
6. Traffic Watch warns other drivers what highway you’re taking.
7. The hood ornament? An ostrich with its head in the sand.
8. “Jaws of Life” in trunk.
9. Your tinted windows are also known as Hefty Garbage Bags.
10. When you approach hitchhikers, they put their thumbs down.

Top 2 Pennsylvania Lemon Law misconceptions by 1-800-MY-LEMON

Top 2 misconceptions of the Pennsylvania Lemon Law

1) Misconception number 1: All cars are covered under the Pennsylvania Lemon Law

– Wrong! The Pennsylvania Lemon Law only applies to NEW vehicles. Used vehicles, regardless of the mileage are not covered under the PA Lemon Law. Used cars are covered under the federal warranty act, also known as the magnuson-moss act, which permits damages against the warrantor for failure to repair a defect.

2) Misconception number 2: Leased cars are not covered under the Pennsylvania Lemon Law.

– Wrong! The Pennsylvania Lemon Law specifically includes both purchased and leased cars. The PA Lemon Law was changed in 2002 to include leased cars.

Top 3 Lemon Law Questions asked by new clients at 1-800-MY-LEMON

Each week our lemon law firm receives numerous phone calls to our 1-800-MY-LEMON hot line requesting free Pennsylvania lemon law and New Jersey lemon law help. Here is our TOP THREE questions asked by new lemon law clients:

1. Does it cost anything for lemon law representation? The answer is no! Our lemon law services are completely free to our clients. Both the lemon law act and the magnuson moss act require the auto manufacturers to pay all attorney fees for lemon law cases. There is no cost to our clients.

2. How long will my lemon law case take to settle? The majority of our lemon law cases settle within 30 to 60 days. Some even settle as quickly as one week. Of course each case is different, and there are times when some cases take longer to settle due to the facts of the case.

3. What can I expect with the outcome of my lemon law case
Many of our lemon law cases settle for money back with continued possession of the car. Other cases settle for a replacement car and/or full refund. Regardless, at least 98 percent of our lemon law cases settle, and many cases settle without the client having to appear at a hearing.

Chrysler Seeks To Clarify PA Lemon Law and NJ Lemon Law Claims and Suits

As reported in BankruptcyLaw360, the former Chrysler LLC has asked the bankruptcy court to approve a process to ease the implementation of the lemon law provision in Italian carmaker Fiat SpA’s $2 billion agreement to purchase the company.

The sale agreement, consummated June 10, allows for the sale of Chrysler’s principal assets to Fiat, creating a new company called Chrysler Group LLC, referred to in the bankruptcy proceeding as “New Chrysler.”

Under the deal, new Chrysler would also assume certain liabilities of the old company, and pay the old company $2 billion in cash.

Before the sale was approved, several state attorneys general and consumer groups pushed for the rights of consumers under state lemon laws be adequately protected under the deal.

To resolve these concerns, New Chrysler agreed to assume many of the lemon law obligations, including Pennsylvania lemon law and New Jersey lemon law claims, and a lemon law provision was inserted into the sale order.

Under that provision, New Chrysler took on many of the lemon law obligations, but did not assume certain forms of relief or liabilities, like punitive, exemplary or consequential damages or claims for personal injury. New Chrysler also did not take on liabilities for vehicles that were manufactured more than five years before the sale’s closing.

In addition, the provision did not detail exactly how New Chrysler is to assume the lemon law liabilities, particularly the pending lemon law actions against the debtors. Upon entering bankruptcy protecting, Chrysler was a defendant in some 1,350 lemon law actions in various states.

In the motion filed Tuesday, Chrysler requests that the court approve a clear process to allow pending and future lemon law claims against old Chrysler to be switched to New Chrysler, allowing the remaining debtor and the bankruptcy court to be freed of involvement from the cases.

“The debtors have been contacted by numerous lemon law claimants, including the lemon law firm David J. Gorberg & Associates, seeking to determine how to assert the assumed lemon law liabilities. The debtors have also received inquiries from various states seeking clarification regarding the best means to proceed in administering lemon law actions,” the motion said.

“Without a clear process to address these issues, the debtors anticipate that certain lemon law claimants may seek to proceed with their claims and lawsuits in a manner that violates the automatic stay or violates the limitations of the lemon law provision. Likewise the debtors expect that the may be faced with numerous motions to modify the automatic stay to permit the pursuit of the assumed lemon law liabilities,” the motion said.

Old Chrysler is asking the bankruptcy court to allow a plaintiff to switch its lemon law case to New Chrysler in one of three ways.

The first method would involve filing the appropriate papers in the lemon law case to indicate that New Chrysler is being substituted for a defendant, and stating that only the assumed liabilities are being pursued against New Chrysler.

The second method involves dismissing the lemon law action and filing a new action solely against New Chrysler.

The third allows for any similar arrangement deemed acceptable by both the debtors and New Chrysler, as long as no claims are pursued against the debtors and no excluded liabilities are pursued against New Chrysler.

Any lemon law plaintiff who follows those procedures will not be deemed in violation of the automatic stay, the debtors proposed.

Responses to the request are due July 10; a hearing will be held July 16.

*The above information was reported in BankruptcyLaw360.

Cars – Which Auto Companies Own What

The car industry is very convoluted these days, with continued change around the world. The poor economy has resulted in widespread cost reductions and new partnerships in auto ownerships.

To help clarify the confusion, here is a list of which auto companies owns which brands. Despite the changes, the one consistent factor is that all consumers are still fully protected from defective autos through the state lemon law.

BMW owns: BMW, Mini, and Rolls Royce

Fiat owns: Alfa Romeo, Ferrari, Fiat, Lancia, Maserati; Chrysler, Dodge, Jeep–20-percent stake

Ford Motor Company owns: Ford, Lincoln, Mercury, Volvo (for now), and still owns 13.4 percent of Mazda

General Motors owns: Buick, Cadillac, Chevrolet, GMC. Also owns a controlling interest in Daewoo, as well as Opel and Vauxhall in Europe and Holden in Australia. (Pontiac to be discontinued)

Honda owns: Honda, Acura

Hyundai owns: Hyundai, Kia

Tata Motors (India) owns: Jaguar and Land Rover

Mazda (partially owned by Ford)


Daimler AG owns: Mercedes-Benz and Smart

Nissan owns: Nissan and Infiniti (Nissan is owned by Renault–France)

Porsche owns: Porsche and a majority share in Volkswagen

Subaru (A controlling interest of Subaru is owned by Toyota)


Toyota Motor Company owns: Lexus, Toyota, Scion, Daihatsu and Hino Motors, with a stake in Fuji Industries (Subaru’s parent company) and Isuzu

Volkswagen owns: Audi, Volkswagen, Bentley, Bugatti, Lamborghini, and overseas SEAT and Skoda.

In formal negotiations to be sold:
Hummer: Tengzhong (China)
Saturn: Penske Automotive Group
Saab: Koenigsegg (Sweden)

New Jersey Lemon Law – More Rights for Consumers

The New Jersey Assembly has given final approval to strengthen the
New Jersey lemon law. It’s now up to Governor Jon Corzine whether to sign the approved bill, giving greater rights to the original lemon law which was enacted 17 years ago.

Under the new act, New Jersey residents who purchased or leased a new vehicle with a defect that could not be repaired in three attempts would have lemon law protection for the first 24,000 miles, up from the current 18,000. Defects that endanger health and safety would have to be corrected in one attempt.

David J. Gorberg, the lemon law lawyer, says strengthening New Jersey’s lemon law will give consumers peace of mind and may also help the auto industry.