AUTOMOBILE LEMON LAW

The Pennsylvania Automobile Lemon Law applies to any new car purchased and registered in Pennsylvania that is used or bought for personal, family, or household purposes. The law does not cover motorcycles, motor homes, or off-road vehicles. It does not cover leased cars. It protects car buyers only.

Under the Lemon Law, a manufacturer of a new car must repair without charge any "nonconformity" that occurs (1) within a period of one year following the actual delivery of the vehicle to the buyer, (2) within the first 12,000 miles of use, or (3) during the term of the warranty. A "nonconformity" means any defect or condition that substantially impairs the use, value, or safety of the car and does not conform to the manufacturer's express warranty. Nonconformities even include defects that cannot be repaired and those that render the car worthless.

To comply with the Lemon Law, the buyer must deliver the car to an authorized dealer in Pennsylvania. If the buyer is unable to physically return the car due to the nonconformity, written notice to the manufacturer is sufficient. The manufacturer may then service or repair the car at the owner's location or pick it up for service and repair. Each time the car is returned from being serviced or repaired, the manufacturer or dealer must provide to the buyer a statement itemizing all work performed on the car. When a new car is delivered to the same dealer for the second time for repair of the same nonconformity, the dealer must notify the manufacturer of the existence of the nonconformity within seven days of such delivery.

If a manufacturer fails to repair the car, the manufacturer must, at the option of the buyer, replace the car with a comparable car of equal value or accept the return of the car from the buyer and refund the full purchase price. Once the manufacturer has tried to repair the same nonconformity three times and the nonconformity still exists, or once the car is out of service by reason of any nonconformity for a total of 30 or more calendar days, the buyer may elect a refund of the purchase price.

A buyer who has abused, neglected, modified, or altered a new car cannot collect under the Lemon Law. Once a car is returned to a dealer or manufacturer under the Lemon Law, it may not be resold unless the manufacturer provides the same express warranty it provided to the original buyer, except that such warranty need only last for 12,000 miles or 12 months, whichever is earlier. If a new car has been returned because of a nonconformity resulting in a complete failure of the braking or steering system, it may not be resold in Pennsylvania.

Car buyers who have to sue to enforce their Lemon Law rights must sue the manufacturer, not the dealership. If the manufacturer has established an informal dispute settlement procedure, the buyer must go through the dispute settlement procedure before suing. The procedure must be nonbinding, and the buyer may sue if not satisfied.

If you have a new car that may be impaired by a "nonconformity," be sure to comply with all of your obligations under the Lemon Law. If you do not maintain the service schedule set out in your warranty documents, you could be found to have abused or neglected the car. Responsible dealers are protected by the ultimate liability of the manufacturer and are aware of the Lemon Law. Addressing nonconformities with your dealer during the period of the Lemon Law's protection is essential to preserving your rights.

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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