How does the lemon law process work in Pennsylvania?
Pennsylvania's lemon law is enforced primarily through civil court, with optional manufacturer arbitration programs.
1. Governing Statute
The Pennsylvania Automobile Lemon Law, 73 P.S. §§ 1951-1963 (Act 28 of 1984). Enforcement is supported by the Office of Attorney General Bureau of Consumer Protection.
2. Coverage
Covers new motor vehicles purchased and registered in Pennsylvania that are used or bought primarily for personal, family, or household purposes. Includes cars and trucks under 9,000 lbs GVWR. Excludes motorcycles, motor homes, off-road vehicles, leased vehicles, and used vehicles. For excluded vehicle classes, consumers may use the federal Magnuson-Moss Warranty Act and Pennsylvania's Unfair Trade Practices and Consumer Protection Law (73 P.S. §§ 201-1 et seq.).
3. Lemon Presumption
Under § 1954, a reasonable number of repair attempts is presumed when within 12 months from delivery, 12,000 miles, or the warranty term, whichever is earliest: (a) the same defect has been subject to repair 3 or more times, or (b) the vehicle is out of service for repair 30+ cumulative days.
4. Notice to Manufacturer
After 3 attempts or 30 days out of service, the consumer must give the manufacturer written notice and one final 10-day opportunity to cure (§ 1955).
5. Manufacturer's Buy-Back / Replacement
Manufacturer must replace the vehicle with a comparable new vehicle acceptable to the consumer or refund the full purchase price including all collateral charges (tax, tags, finance, license), minus a reasonable allowance for use (price x miles up to first report / 100,000).
6. Arbitration
Pennsylvania does not run a state arbitration program. Manufacturers may participate in BBB AUTO LINE or similar FTC-compliant informal dispute settlement procedures; participation by the consumer is voluntary, and the result is not binding on the consumer.
7. Lawsuit & Fee-Shifting
Section 1958 awards reasonable attorney's fees and costs to a prevailing consumer. Many actions are filed jointly under Magnuson-Moss (15 U.S.C. § 2310(d)) and the UTPCPL, which allows treble damages.
This is legal information, not legal advice.
- Vehicle is leased or used and excluded from state Lemon Law
- Manufacturer denies lemon designation after final repair attempt
- UTPCPL claim with treble damages potential
- 73 P.S. §§ 1951-1963 (Automobile Lemon Law)
- 73 P.S. §§ 201-1 (Unfair Trade Practices and Consumer Protection Law)
- 15 U.S.C. § 2301 (Magnuson-Moss)
- 16 CFR Part 703
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.