- Pennsylvania lemon law covers passenger vehicles that seat up to 15 people designed primarily for personal use. It does not cover motorcycles, motor homes or off-road vehicles. It covers vehicles bought out of state provided the first registration of the vehicle occurred in Pennsylvania. Vehicles bought in Pennsylvania must also be registered in the state.
- The law offers protection for one year after delivery, the first 12,000 miles or the term of the manufacturer's express warranty, whichever comes first. Typically an express warranty lasts for one year, but you should check when you purchase the vehicle.
- In order to receive protection under the law, the vehicle must meet certain criteria to be considered a "lemon." In the first instance, the vehicle must have undergone at least three failed repair attempts for the same problem. In the second instance, the car must have been out of service for at least 30 cumulative days due to repairs.
Once either of these circumstances presents itself, the owner must contact the manufacturer zone representative (contact information is listed in the vehicle's owner's manual). - State law requires the repair facility---typically the dealer---provide the consumer with an itemized list of repairs and the price of parts and labor. Once the consumer has brought the vehicle to the dealer a second time for the same problem, the dealer must notify the manufacturer through certified mail with return receipt of the problem within seven days.
- If, after notifying the manufacturer of the problems, the manufacturer has not been able to fix the defect or offered to replace or refund the vehicle, the consumer can proceed under the law. If the manufacturer offers a state-approved third party dispute settlement program, the consumer must use it. The manufacturer must accept whatever decision comes about, but the consumer does not.
- If the manufacturer does not offer a dispute settlement program, the consumer can move right to legal action. She also reserves this right if she does not find the dispute resolution ruling satisfactory. If the court rules in her favor, she also has the right to recover attorney's fees--if she used such services, and court costs.
- The law provides for either a replacement or refund. The law considers a replacement a comparable vehicle of similar value. If the resolution results in a refund, the manufacturer can deduct for reasonable use of the vehicle from the time of purchase until the first non-conformity occurred. The deduction must be the lesser of 10 cents per mile driven or 10 percent of the purchase price.
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