Eligibility Criteria for Pennsylvania Lemon Law: Full Guide

Is Your Vehicle Covered?

Did you know that nearly 150,000 vehicles are classified as lemons each year in the U.S.? Many of these vehicles end up in Pennsylvania, where consumers rely on the Automobile Lemon Law (73 P.S. § 1951 – § 1963) to get a refund or replacement for defective cars. But not every faulty vehicle qualifies under this law. So, how do you determine if your car is covered? Understanding the eligibility requirements is the first step in protecting your rights as a consumer.

This article will walk you through the specific qualifications a vehicle must meet, including the types of vehicles covered, repair attempt limits, exclusions, and important deadlines. If you’re dealing with a defective car, this guide will help you understand your rights and what steps to take next.

What Is Pennsylvania’s Lemon Law?

Pennsylvania’s Automobile Lemon Law is designed to protect consumers who unknowingly purchase a new vehicle with significant defects. Under this law, if a car has a defect that substantially impairs its use, safety, or value, and the manufacturer fails to fix it within a reasonable number of repair attempts, the owner may be entitled to a refund or replacement.

The law only applies to new vehicles and has specific time and mileage limits. It also sets clear guidelines on how many repair attempts are considered reasonable before the car is officially classified as a lemon.

What Vehicles Are Covered Under Pennsylvania’s Lemon Law?

New Passenger Vehicles

Pennsylvania’s Lemon Law only applies to new vehicles that meet the following criteria:

• Purchased or leased in Pennsylvania
• Registered as a passenger car, SUV, or light truck
• Has a gross vehicle weight rating (GVWR) of 12,000 pounds or less
• Used primarily for personal, family, or household purposes

Time and Mileage Limitations

The defect must occur within the first 12 months or 12,000 miles of ownership, whichever comes first, according to guidelines from the PA Attorney General’s office.

If the issue arises after this period, the vehicle may no longer qualify under the Lemon Law. However, other legal options, such as the Magnuson-Moss Warranty Act or Pennsylvania’s Unfair Trade Practices Law, may still apply.

Reasonable Repair Attempts

For a vehicle to be legally considered a lemon, the manufacturer must be given a reasonable opportunity to fix the defect. Pennsylvania law defines this as:

• Three (3) repair attempts for the same problem without success
• The vehicle is out of service for 30 or more calendar days due to repairs.

If the manufacturer fails to repair the defect within these limits, the consumer may be entitled to a refund or replacement vehicle.

What Vehicles Are NOT Covered Under Pennsylvania’s Lemon Law?

Used Vehicles

Pennsylvania’s Lemon Law only applies to new cars. If you purchased a used or certified pre-owned (CPO) vehicle, it does not qualify. However, consumers may have other legal protections, such as:

• The Magnuson-Moss Warranty Act (Federal Lemon Law)
• Pennsylvania’s Unfair Trade Practices and Consumer Protection Law
• Dealer fraud claims (if the seller misrepresented the vehicle’s condition)

Motorcycles, RVs, and Off-Road Vehicles

The Lemon Law excludes motorcycles, motor homes, and off-road vehicles. If you purchased one of these and experienced significant defects, you may need to pursue claims under federal warranty laws or state consumer protection laws.

Company-Owned or Business Vehicles

Vehicles used for commercial purposes or owned by businesses are not covered under Pennsylvania’s Lemon Law. However, businesses may seek relief under the Uniform Commercial Code (UCC) or warranty laws if they experience defects.

What Defects Are Covered?

To qualify under the Lemon Law, the defect must:

• Substantially impair the vehicle’s use, value, or safety
• Not be caused by owner abuse, neglect, or modifications
• Remain unresolved after a reasonable number of repair attempts

Examples of covered defects:

• Transmission failure
• Engine defects that cause stalling or overheating
• Faulty braking system
• Electrical system malfunctions affecting lights, dashboard, or safety features
• Steering problems that affect handling or control

Issues not covered under the Lemon Law:

• Minor cosmetic issues (paint scratches, small rattles, etc.)
• Normal wear and tear (worn brake pads, tires, etc.)
• Owner-caused damage (accidents, improper maintenance)

What Are Your Legal Options If Your Car Qualifies as a Lemon?

Request a Refund or Replacement

If your car meets the Lemon Law criteria, you can demand a full refund or a replacement vehicle. The refund must include:

• The full purchase price
• Sales tax, registration fees, and other charges
• Reimbursement for towing and rental car expenses
• Attorney fees if you take legal action and win

File for Arbitration

Pennsylvania does not require consumers to go through arbitration before filing a lawsuit. However, many manufacturers offer arbitration programs to resolve disputes.

Pros of Arbitration:

• Faster than court cases
• Free for the consumer
• Less formal than litigation

Cons of Arbitration:

• The manufacturer chooses the arbitration program, which could lead to bias.
• Decisions are often final and difficult to appeal.
• Awards may be lower than what a court could grant.

Despite concerns about manufacturer bias, Pennsylvania’s arbitration process is regulated to ensure fairness. If a car owner loses in arbitration, they can still file a civil lawsuit against the manufacturer.

Take Legal Action

If arbitration is unsuccessful (or if the car owner skips it), the next step is to file a lawsuit. An experienced Lemon Law attorney can help:

• Gather evidence and documentation
• Negotiate a settlement
• File a lawsuit if necessary

The Uniform Commercial Code (UCC) sets a four-year statute of limitations, meaning a claim must be filed within four years from when the defect was first discovered.

Strengthening Your Lemon Law Claim

To increase your chances of winning, follow these steps:

• Keep all repair records and receipts
• Document every defect and repair attempt
• Send a written notice to the manufacturer requesting a refund or replacement
• Consult with a Lemon Law attorney to evaluate your case

Additional information:
Pennsylvania Lemon Law Information