Pennsylvania Lemon Law: Your Complete Legal Guide
What Vehicles Are Covered
Pennsylvania's lemon law covers specific types of vehicles that meet certain criteria. Understanding which vehicles qualify is essential before pursuing a claim under the statute.
Covered Vehicle Types
- New passenger cars: Sedans, coupes, hatchbacks, and similar vehicles designed for personal use
- Trucks and SUVs: Pickup trucks and sport utility vehicles that transport 15 or fewer persons
- Vans and minivans: Vehicles designed for personal, family, or household purposes
- Demonstrator vehicles: Dealer demo cars that have not been previously titled to a consumer
- Leased vehicles: Vehicles leased for personal, family, or household use (covered since February 2002)
Vehicles NOT Covered
- Motorcycles
- Motor homes and recreational vehicles
- Off-road vehicles
- Vehicles designed to transport more than 15 persons
- Vehicles purchased primarily for business purposes
- Used vehicles (though federal warranty law may apply)
Registration Requirements
To qualify for Pennsylvania Lemon Law protection, the vehicle must be:
- Purchased or leased in Pennsylvania, OR
- Purchased or leased elsewhere and registered for the first time in Pennsylvania (for vehicles purchased after December 1, 2002)
- Registered in Pennsylvania
- Used primarily for personal, family, or household purposes
Pennsylvania's Lemon Law Presumption
Under 73 P.S. § 1956, Pennsylvania law creates a "presumption" that a manufacturer has had a reasonable number of attempts to repair a vehicle if certain conditions are met. When this presumption applies, the burden shifts to the manufacturer to prove the vehicle does not qualify as a lemon.
The Lemon Law Presumption Applies When:
| Condition | Requirement | Details |
|---|---|---|
| Repair Attempts (Same Problem) | 3 or more attempts | Same nonconformity must substantially impair use, value, or safety |
| Days Out of Service | 30 or more cumulative calendar days | Vehicle unavailable due to repair for any covered nonconformities |
| Timeframe | Within 1 year, 12,000 miles, or warranty term | Whichever occurs first from date of delivery |
Important: The 30-day out of service period may be extended by up to 30 additional calendar days if repairs cannot be completed due to war, terrorism, civil unrest, fire, flood, or natural disaster, provided the manufacturer loans the consumer a vehicle at no charge during this period. An additional 90 days may be granted if the manufacturer files a sworn affidavit with the Office of Attorney General.
What Qualifies as a "Nonconformity"?
Under Pennsylvania law, a "nonconformity" is defined as a defect or condition that:
- Substantially impairs the use, value, or safety of the motor vehicle
- Does not conform to the manufacturer's express warranty
Examples of qualifying nonconformities include:
- Engine or transmission failures affecting drivability
- Brake system malfunctions creating safety hazards
- Steering problems that impair safe operation
- Electrical system failures affecting critical components
- Persistent warning lights indicating serious mechanical issues
- Air conditioning or heating system failures in extreme climates
Consumer Remedies: Refund vs. Replacement
When a vehicle qualifies as a lemon under Pennsylvania law, the consumer has the right to choose between two remedies: a full refund (buyback) or a comparable replacement vehicle.
Option 1: Vehicle Buyback (Refund)
Under 73 P.S. § 1955, the manufacturer must refund:
- Full purchase price: Including the complete sales price of the vehicle
- All collateral charges: Fees, taxes, and charges associated with the purchase
- Lease payments: For leased vehicles, all lease payments made
Usage Deduction: The manufacturer may deduct a reasonable allowance for the miles driven before the first report of the nonconformity. This deduction cannot exceed:
- 10 cents per mile driven, OR
- 10% of the purchase price or lease price
Whichever amount is less.
Refund payments must be made within 30 days of the consumer's election to receive a refund. Payments go to the consumer and any lienholder as their interests appear.
Option 2: Replacement Vehicle
Instead of a refund, consumers may request a replacement vehicle that is:
- Comparable to the original vehicle
- Of equal value to the original purchase
- Covered by the manufacturer's express warranty
How to File a Lemon Law Claim in Pennsylvania
Filing a successful lemon law claim requires careful documentation and adherence to proper procedures under Pennsylvania law.
Step 1: Document Everything
- Keep all repair orders and invoices
- Record the dates your vehicle was in the shop for repairs
- Document the symptoms you experienced with the vehicle
- Save all correspondence with the dealer and manufacturer
- Take photos or videos of defects when possible
- Request itemized repair statements each time the vehicle is serviced
Step 2: Report to Authorized Dealer
Deliver the nonconforming vehicle to the manufacturer's authorized service and repair facility within Pennsylvania. If the vehicle cannot be delivered due to the nature of the defect, provide written notice to the manufacturer or dealer describing the nonconformity.
Step 3: Allow Reasonable Repair Attempts
Give the manufacturer at least three opportunities to repair the same defect, or allow the vehicle to be out of service for at least 30 cumulative days.
Step 4: Check for Informal Dispute Settlement Procedure
If the manufacturer has an informal dispute settlement procedure that complies with federal regulations (16 CFR Part 703), you may be required to use it before filing a lawsuit. The manufacturer must have informed you of this procedure.
Step 5: Consider Your Legal Options
If the dispute is not resolved through informal procedures, you may:
- File a civil lawsuit: Bring an action in the Court of Common Pleas
- Recover attorney fees: Prevailing consumers may recover reasonable attorney fees and court costs
- Pursue Unfair Trade Practices claims: Violations also constitute violations of Pennsylvania's Unfair Trade Practices and Consumer Protection Law
Manufacturer Defenses
Manufacturers may raise several defenses to avoid lemon law liability. Understanding these defenses can help you build a stronger case.
Common Manufacturer Defenses
| Defense | Manufacturer's Argument | Consumer's Counter |
|---|---|---|
| Abuse or neglect | Defect caused by consumer misuse | Provide maintenance records showing proper care |
| Unauthorized modifications | Aftermarket alterations caused the problem | Show defect existed before modifications or is unrelated |
| Defect not substantial | Problem does not substantially impair use, value, or safety | Document how defect affects daily use and vehicle value |
| Insufficient repair attempts | Consumer did not allow enough repair attempts | Show repair history meets presumption requirements |
Informal Dispute Settlement Procedures
Under 73 P.S. § 1959, if a manufacturer has established an informal dispute settlement procedure that complies with federal regulations (16 CFR Part 703), consumers must use this procedure before filing a lawsuit.
More Pennsylvania Laws
Sources and References
- Pennsylvania Automobile Lemon Law (Full Text)(www.legis.state.pa.us)
- Pennsylvania Attorney General: Consumer Protection(www.attorneygeneral.gov).gov
- BBB AUTO LINE: Pennsylvania Lemon Law Information(bbbprograms.org)