Note Pennsylvania's Lemon Law was amended and now includes leased
vehicles (SB-286 effective February, 2002) and increased requirements
of dealers to notify consumers that a vehicle is a "lemon buyback"
(HB-767 effective December 2, 2002.).
§ 1951. Short title.
This act shall be known and may be cited as the Automobile Lemon
§ 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
"Dealer" or "motor vehicle dealer."
A person in the business of buying, selling or exchanging
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.
A defect or condition which substantially impairs the use, value
or safety of a new motor vehicle and does not conform to the
manufacturers express warranty.
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
§ 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
10ä of the purchase price of the vehicle whichever is less. Refunds
shall be made to the purchaser and lienholder, 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 [73 P.S. §
1958] 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 [73 P.S. § 1958.
§ 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.