Pennsylvania Lemon laws

Does the lemon law apply to recreational vehicles?

A Pittsylvania County couple won a significant victory for consumers under the state's lemon law. In the past, judges found the law didn't apply to recreational vehicles. But it does now.

Henry and Suzanne Reynolds work and play hard. Travel is their reward. They bought a brand new RV, and they paid $211,000 for it. They purchased it two years ago, but they only used the Mandalay Motor Coach for 17 days. It's been in the shop the rest of that time.

The RV has so many problems, the Reynolds' lost count of them. But the couple wasn't too concerned. After all, Four Winds International's promotional literature says it's covered by "bumper to bumper" warranty.

If this had been a conventional car or truck, there would be no question: the state lemon law would require the company to give the couple a new RV, or give them their money back. But Four Winds relied on case law that held RV's are not really "motor vehicles."

While Judge Jackson Kiser declared Virginia's lemon law "perfectly ambiguous," he decided a motor home does fit the definition of "passenger car." The judge ruled that it was the intent of the General Assembly to alleviate the hardship on consumers caused by the purchase of defective motor vehicles. Most important, Judge Kiser ruled an RV is a motor vehicle.

While that's a major victory for the consumer, the Reynolds are a long way from getting their money back, or a new RV. Their complaint is set for trial in federal court next month.

Meanwhile, they're stuck making a monthly payment of $1,400.

Lemon Law - What to Do If your New Car was Damaged When you Purchased It in Pennsylvania 

If your new motor vehicle was delivered with prior damage, you may have a New Motor Vehicle lemon law claim. Each year thousands consumers, without their knowledge, purchase new motor vehicles in Pennsylvania which have been damaged prior to sale. Pennsylvania specifically addressed this problem with the enactment of the New Motor Vehicle Damage Disclosure Act. The Purpose of the Act is to assure that purchasers of new motor vehicles are made aware of any repairs made to their motor vehicle before they take title to it.

The Act requires the dealer/manufacturer to disclose damage in writing, both repaired and repairable damage, which exceeds $500.00 or 3% of the manufacturer’s suggested retail price, whichever is greater. The act requires that the repair or repairable cost to be used, is the dealers retail charge for the same work on the date the repair was made.

Where it is determined that a disclosure is required, the Act requires the dealer to make the disclosure in writing prior to the sale, and obtain a signature from the buyer acknowledging the damage. If a dealer fails to comply with the requirements of this act, the buyer is entitled to seek a refund of the purchase price of the damaged vehicle.

Should you discover that your car was damaged, or suspect that it was damaged, prior to sale, Pennsylvania Lemon Law Attorney, David J. Gorberg , suggests the following: “First, have an expert, such as a certified collision expert, examine the car to determine if damage exists. Next, should the expert determine that damage exists, have the expert prepare a estimate of repair, and submit this estimate to the dealership, along with a letter demanding a full repurchase of the damaged car. Should the dealership refuse to refund the purchase price, you should contact a lemon law firm in order to further pursue this matter."

David J. Gorberg & Associates has handled many new motor vehicle damage disclosure claims over the past several years, resulting in full or partial refunds for it’s clients. The Firm has become a household name in the field of Pennsylvania Lemon Law and New Jersey Lemon Law as a result of it’s extensive TV, Radio and Billboard advertising, and use of it’s famous 1-800-MY-LEMON jingle.

David J. Gorberg & Associates is the largest lemon law firm in Philadelphia and one of the most successful lemon law firms in country. The firm’s offices are located in Philadelphia, PA, Pittsburgh PA and Marlton, New Jersey. Mr. Gorberg can be reached at 1-800 MY LEMON (1-800-695-3666) or by visiting the David J. Gorberg & Associates website at http://www.mylemon.com