Understanding Pennsylvania’s Lemon Law: Your Rights as a Consumer

Do You Own a Lemon Vehicle? Here’s What You Need to Know

Have you recently purchased or leased a new car, only to find that it has ongoing mechanical issues that never seem to get fixed? If so, you might have a lemon on your hands. The good news is that Pennsylvania has a law designed to protect consumers in this situation. Pennsylvania Automobile Lemon Law (73 P.S. §1951 et seq.) ensures that buyers of defective new vehicles have legal options to seek a refund or replacement.

But how does the law work, and what are your rights? Let’s break it down.

What Is Pennsylvania’s Lemon Law?

Pennsylvania’s Lemon Law applies to new vehicles that have substantial defects affecting their use, value, or safety. The law covers cars, trucks, and SUVs that are purchased or leased and registered in the state for personal, family, or household use. It also includes demonstrator or dealer vehicles that were sold as new. However, it does not cover motorcycles, motor homes, off-road vehicles, or commercial vehicles used for business purposes.

Under the law, if a manufacturer is unable to repair a serious defect after a reasonable number of attempts, they are required to either replace the vehicle or refund the purchase price, minus a small usage fee.

What Qualifies a Car as a Lemon in Pennsylvania?

According to the PA Attorney General’s office, for a vehicle to qualify as a lemon under Pennsylvania law, it must meet the following criteria:

• The defect must substantially impair the vehicle’s use, value, or safety.
• The problem must occur within the first 12 months or 12,000 miles of ownership (whichever comes first).
• The manufacturer must have made at least three (3) unsuccessful repair attempts for the same issue OR the vehicle must have been out of service for 30 or more cumulative days due to repairs.
• The defect must not be caused by the owner’s abuse, neglect, or unauthorized modifications.

What Steps Should You Take If You Have a Lemon?

If you suspect that your new vehicle qualifies as a lemon, here’s what you should do:

1. Keep Detailed Records

Documentation is key to winning a Lemon Law claim. Make sure to:

• Keep all repair receipts and work orders from the dealership.
• Request a detailed statement each time the vehicle is serviced.
• Record the dates of each repair attempt and how long the car was out of service.

2. Notify the Manufacturer

Before taking legal action, you must officially notify the manufacturer about the defect. This step is crucial if you want to seek a replacement or refund.

Check your owner’s manual for the manufacturer’s zone representative contact details. Send a written complaint explaining the issue and the number of repair attempts. Keep a copy of this letter for your records.

3. Give the Manufacturer a Final Chance to Fix the Problem

The manufacturer must be allowed a final opportunity to repair the defect. If they fail to fix it within a reasonable time, you may proceed with a legal claim.

Arbitration vs. Filing a Lawsuit: Which is Better?

Pennsylvania’s Lemon Law encourages consumers to use the manufacturer’s arbitration program if one is available. Arbitration is a dispute resolution process where a neutral third party reviews the case and makes a decision.

Pros of Arbitration:

• Faster resolution than a lawsuit.
• No legal fees required.
• Decision is binding on the manufacturer, but not on the consumer.

Cons of Arbitration:

• The manufacturer sets up the arbitration program, which could lead to bias. However, federal and state regulations require that these programs be independently certified to ensure fairness. Additionally, consumers always have the option to reject an unfavorable arbitration outcome and pursue legal action in court.
• Consumers may not receive the full compensation they’re entitled to.
• Limited ability to appeal an unfavorable decision.

If arbitration does not result in a satisfactory outcome, you still have the right to file a lawsuit against the manufacturer.

Legal Remedies Under Pennsylvania Lemon Law

If your car qualifies as a lemon, you are entitled to either:

• A full refund, minus a small mileage offset for the time you used the vehicle.
• A replacement vehicle of similar value and condition.

How Is the Mileage Offset Calculated?

The manufacturer may deduct a small allowance for use, which is based on the mileage at the time of the first reported defect. Pennsylvania law specifies a maximum deduction of 10 percent of the purchase price or $0.10 per mile driven before the first reported repair attempt, whichever is less.

Do You Need a Lawyer for a Lemon Law Claim?

While you can handle a claim on your own, hiring a Pennsylvania Lemon Law attorney significantly improves your chances of success. A lawyer can:

• Ensure that all legal requirements are met.
• Negotiate directly with the manufacturer.
• File a lawsuit if arbitration fails.

How Are Lemon Law Attorneys Paid?

In Pennsylvania, manufacturers are required to pay reasonable attorney fees if the consumer wins their case. This means you won’t have to pay legal fees out of pocket.

How Long Do You Have to File a Lemon Law Claim in Pennsylvania?

Pennsylvania’s Lemon Law does not specify a strict statute of limitations. However, it is best to act quickly. If too much time passes, you may lose the ability to seek a refund or replacement. Assuming the Uniform Commercial Code (UCC) statute of limitations applies, a claim must be filed within four years from the date the defect is discovered.

Strengthening Your Lemon Law Case: Tips for Success

If you believe you have a lemon, follow these tips to strengthen your case:

• Report issues immediately: The sooner you notify the manufacturer, the better.
• Follow the manufacturer’s repair process: Take your car to an authorized dealership for repairs.
• Keep copies of all documents: Paperwork is crucial for proving your case.
• Consult a Lemon Law attorney: A lawyer can guide you through the process and improve your chances of winning.

Additional information:
Pennsylvania Lemon Law Information