Lemon Law - Pennsylvania
Lemon Law
Lemon Law - "Lemon
law" is that body of state law which defines an automobile
owners rights when the manufacturer is not able to repair the
automobile within the limits specified. In
such cases, the automobile is referred to as a "lemon",
and is subject to the conditions of the state lemon law.
Your Lemon Law
Disclaimer:
These pages are created to inform and educate the public about lemon
law and under the lemon law in your state. They are not and
should not be considered legal opinions or advice as to whether you
have rights under lemon law or whether you should pursue "a
lemon law case". If after reading this information,
you believe you qualify, you should seek the advice and counsel of
an attorney specializing in lemon law in your state. Remember
that each state's lemon laws vary.
1951 Short title.
This act shall be known and may be
cited as the Automobile Lemon Law.
1952 Definitions.
The following words and phrases
when used in this act shall have the meanings given to them in this
section unless the context clearly indicates otherwise:
"Dealer" or "motor
vehicle dealer."
A person in the business of buying,
selling or exchanging vehicles.
"Manufacturer."
Any person engaged in the business
of constructing or assembling new and unused motor vehicles or
engaged in the business of importing new and unused motor vehicles
into the United States for the purpose of selling or distributing
new and unused motor vehicles to motor vehicle dealers in this
Commonwealth.
"Manufacturer's express
warranty" or "warranty."
The written warranty of the
manufacturer of a new automobile of its condition and fitness for
use, including any terms or conditions precedent to the enforcement
of obligations under the warranty.
"New motor vehicle."
Any new and unused self-propelled,
motorized conveyance driven upon public roads, streets or highways
which is designed to transport not more than 15 persons, which was
purchased and is registered in the Commonwealth and is used or
bought for use primarily for personal, family or household purposes,
including a vehicle used by a manufacturer or dealer as a
demonstrator or dealer car prior to its sale. The term does not
include motorcycles, motor homes or off-road vehicles.
"Nonconformity."
A defect or condition which
substantially impairs the use, value or safety of a new motor
vehicle and does not conform to the manufacturer's express warranty.
"Purchaser."
A person, or his successors or
assigns, who has obtained ownership of a new motor vehicle by
transfer or purchase or who has entered into an agreement or
contract for the purchase of a new motor vehicle which is used or
bought for use primarily for personal, family or household purposes.
1953 Disclosure.
The Attorney General shall prepare
and publish in the Pennsylvania Bulletin a statement which explains
a purchaser's rights under this law. Manufacturers shall provide to
each purchaser at the time of original purchase of a new motor
vehicle a written statement containing a copy of the Attorney
General's statement and a listing of zone offices, with addresses
and phone numbers, which can be contacted by the purchaser for the
purpose of securing the remedies provided for in this act.
1954 Repair obligations.
(a) Repairs required. The
manufacturer of a new motor vehicle sold and registered in the
Commonwealth shall repair or correct, at no cost to the purchaser, a
nonconformity which substantially impairs the use, value or safety
of said motor vehicle which may occur within a period of one year
following the actual delivery of the vehicle to the purchaser,
within the first 12,000 miles of use or during the term of the
warranty, whichever may first occur.
(b) Delivery of vehicle. It
shall be the duty of the purchaser to deliver the nonconforming
vehicle to the manufacturer's authorized service and repair facility
within the Commonwealth, unless, due to reasons of size and weight
or method of attachment or method of installation or nature of the
nonconformity, such delivery cannot reasonably be accomplished.
Should the purchaser be unable to effect return of the nonconforming
vehicle, he shall notify the manufacturer or its authorized service
and repair facility. Written notice of nonconformity to the
manufacturer or its authorized service and repair facility shall
constitute return of the vehicle when [the] purchaser is unable to
return the vehicle due to the nonconformity. Upon receipt of such
notice of nonconformity, the manufacturer shall, at its option,
service or repair the vehicle at the location of nonconformity or
pick up the vehicle for service and repair or arrange for
transporting the vehicle to its authorized service and repair
facility. All costs of transporting the vehicle when [the] purchaser
is unable to effect return, due to nonconformity, shall be at the
manufacturer's expense.
1955 Manufacturer's duty for
refund or replacement.
If the manufacturer fails to repair
or correct a nonconformity after a reasonable number of attempts,
the manufacturer shall, at the option of the purchaser, replace the
motor vehicle with a comparable motor vehicle of equal value or
accept return of the vehicle from the purchaser and refund to the
purchaser the full purchase price, including all collateral charges,
less a reasonable allowance for the purchaser's use of the vehicle
not exceeding the per mile driven or 10% of the purchase price of
the vehicle whichever is less. Refunds shall be made to the
purchaser and lien holder, if any, as their interests may appear. A
reasonable allowance for use shall be that amount directly
attributable to use by the purchaser prior to his first report of
the nonconformity to the manufacturer. In the event the consumer
elects a refund, payment shall be made within 30 days of such
election. A consumer shall not be entitled to a refund or
replacement if the nonconformity does not substantially impair the
use, value or safety of the vehicle or the nonconformity is the
result of abuse, neglect or modification or alteration of the motor
vehicle by the purchaser.
1956 Presumption of a reasonable
number of attempts.
It shall be presumed that a
reasonable number of attempts have been undertaken to repair or
correct a nonconformity if:
1. the same nonconformity
has been subject to repair three times by the manufacturer, its
agents or authorized dealers and the nonconformity still exists; or
2. the vehicle is
out-of-service by reason of any nonconformity for a cumulative total
of 30 or more calendar days.
1957 Itemized statement
required.
The manufacturer or dealer shall
provide to the purchaser each time the purchaser's vehicle is
returned from being serviced or repaired a fully itemized statement
indicating all work performed on said vehicle including, but not
limited to, parts and labor. It shall be the duty of a dealer to
notify the manufacturer of the existence of a nonconformity within
seven days of the delivery by a purchaser of a vehicle subject to a
nonconformity when it is delivered to the same dealer for the second
time for repair of the same nonconformity. The notification shall be
by certified mail, return receipt requested.
1958 Civil cause of action.
Any purchaser of a new motor
vehicle who suffers any loss due to nonconformity of such vehicle as
a result of the manufacturer's failure to comply with this act may
bring a civil action in a court of common pleas and, in addition to
other relief, shall be entitled to recover reasonable attorney's
fees and all court costs.
1959 Informal dispute settlement
procedure.
If the manufacturer has established
an informal dispute settlement procedure which complies with the
provisions of 16 CFR Pt. 703, as from time to time amended, the
provisions of section 8 shall not apply to any purchaser who has not
first resorted to such procedure as it relates to a remedy for
defects or conditions affecting the substantial use, value or safety
of the vehicle. The informal dispute settlement procedure shall not
be binding on the purchaser and, in lieu of such settlement, the
purchaser may pursue a remedy under section 8.
1960 Resale of returned motor
vehicle.
(a) Vehicles may not be
resold.-If a motor vehicle has been returned under the provisions of
this act or a similar statute of another state, it may not be resold
in this State unless:
1. The manufacturer provides
the same express warranty it provided to the original purchaser,
except that the term of the warranty need only last for 12,000 miles
or 12 months after the date of resale, whichever is earlier.
2. The manufacturer provides
the consumer with a written statement on a separate piece of paper,
in ten point all capital type, in substantially the following form:
"IMPORTANT: THIS VEHICLE WAS
RETURNED TO THE MANUFACTURER BECAUSE IT DID NOT CONFORM TO THE
MANUFACTURER'S EXPRESS WARRANTY AND THE NON-CONFORMITY WAS NOT CURED
WITHIN A REASONABLE TIME AS PROVIDED BY PENNSYLVANIA LAW."
The provisions of this section
apply to the resold motor vehicle for the full term of the warranty
required under this subsection.
(b) Returned vehicles not to
be resold.-Notwithstanding the provisions of subsection (a), if a
new motor vehicle has been returned under the provisions of this act
or a similar statute of another state because of a nonconformity
resulting in a complete failure of the braking or steering system of
the motor vehicle likely to cause death or serious bodily injury if
the vehicle was driven, the motor vehicle may not be resold in this
Commonwealth.
1961 Application of unfair trade
act.
A violation of this act shall also
be a violation of the act of December 17, 1968 (P.L. 1224, No. 387),
known as the Unfair Trade Practices and Consumer Protection Law.
1962 Rights preserved.
Nothing in this act shall limit the
purchaser from pursuing any other rights or remedies under any other
law, contract or warranty.
1963 Nonwaiver of act.
The provisions of this act shall
not be waived.
