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lemon law in pa.

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C

cryptkepre

Guest
my daughter bought a used car from a dealer. She has had it for 41 days. It has been returned to them twice once for 1 day and the 2nd time for three. they still haven't fixed everything they were supposed to fix before she got the car and everytime we take it back something else goes wrong. They were given a list of things to be fixed the second time of which I have a copy. We also asked for something in writing for what was done to the car and to see the bad parts that were taken out. They refused this. They will not talk to us about the problems that were not fixed. They also messed up on here paperwork for her loan, saying it was one bank and they aren't the one that has the loan.She loves the car and wants to keep it. Is there anyway we can get them to fix the car? or are we stuck fixing it ourselves? thank you
 


L

lawrat

Guest
I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

Here is the link to your lemon law:

http://autopedia.com/html/LemonLaw/PA_lemonlaw2.html

Read Section 1954:
(a) Repairs required.-The manufacturer of a new motor vehicle sold and registered in the Commonwealth shall repair or correct, at no cost to the purchaser, a nonconformity which substantially impairs the use, value or safety of said motor vehicle which may occur within a period of one year following the actual delivery of the vehicle to the purchaser, within the first 12,000 miles of use or during the term of the warranty, whichever may first occur.

§ 1955. Manufacturer's duty for refund or replacement.
If the manufacturer fails to repair or correct a nonconformity after a reasonable number of attempts, the manufacturer shall, at the option of the purchaser, replace the motor vehicle with a comparable motor vehicle of equal value or accept return of the vehicle from the purchaser and refund to the purchaser the full purchase price, including all collateral charges, less a reasonable allowance for the purchaser's use of the vehicle not exceeding the per mile driven or 10ä of the purchase price of the vehicle whichever is less. Refunds shall be made to the purchaser and lienholder, if any, as their interests may appear. A reasonable allowance for use shall be that amount directly attributable to use by the purchaser prior to his first report of the nonconformity to the manufacturer. In the event the consumer elects a refund, payment shall be made within 30 days of such election. A consumer shall not be entitled to a refund or replacement if the nonconformity does not substantially impair the use, value or safety of the vehicle or the nonconformity is the result of abuse, neglect or modification or alteration of the motor vehicle by the purchaser.

§ 1956. Presumption of a reasonable number of attempts.
It shall be presumed that a reasonable number of attempts have been undertaken to repair or correct a nonconformity if:
1.the same nonconformity has been subject to repair three times by the manufacturer, its agents or authorized dealers and the nonconformity still exists; or
2.the vehicle is out-of-service by reason of any nonconformity for a cumulative total of 30 or more calendar days.



And read 1957, 1958 and 1959 - itemized statement

You will soon realize you have many many rights.

 

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