Legal Disclaimer: This article provides general information for educational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change frequently. For advice specific to your situation, consult a licensed attorney in your area.
Pennsylvania's Automobile Lemon Law (73 P.S. § 1951-1963) provides powerful protections for buyers of new vehicles that have persistent defects the manufacturer cannot repair. If your new car, truck, or SUV has spent significant time in the shop without resolution, you may be entitled to a full refund or replacement vehicle. This comprehensive guide explains Pennsylvania's lemon law requirements, the mandatory arbitration process, and how to maximize your recovery. For official information, visit the Pennsylvania Attorney General's Consumer Protection page.
Key Statute: The Pennsylvania Automobile Lemon Law (73 P.S. § 1951-1963) covers new vehicles purchased or leased in PA. If a manufacturer cannot repair a substantial defect after 3 attempts or 30 days out of service, you may be entitled to a refund or replacement vehicle.
Pennsylvania Lemon Law Overview
Pennsylvania's lemon law is designed to protect consumers who purchase or lease new vehicles that turn out to have serious, unrepairable defects. The law creates a structured process for resolving disputes and forces manufacturers to stand behind their products.
What Vehicles Are Covered
- New motor vehicles: Purchased or leased in Pennsylvania
- Coverage period: First 12 months after delivery OR first 12,000 miles, whichever comes first
- Includes: Cars, trucks, SUVs, vans, motorcycles
- Excludes: Used vehicles, motor homes (living portion), off-road vehicles, vehicles over 10,000 pounds GVW
What Defects Qualify
Not every problem makes a vehicle a "lemon." The defect must:
- Substantially impair: Use, value, or safety of the vehicle
- Be covered by warranty: Fall under the manufacturer's written warranty
- Not result from abuse: Cannot be caused by owner neglect, modification, or accident
When Your Vehicle Qualifies as a Lemon
Under 73 P.S. § 1954, your vehicle presumptively qualifies as a lemon if:
Three Repair Attempts
The same nonconformity (defect) has been subject to repair three (3) or more times by the manufacturer, its agent, or authorized dealer, and the nonconformity continues to exist.
30 Days Out of Service
The vehicle has been out of service for a cumulative total of 30 or more calendar days because of warranty repair attempts.
Critical Requirement: You must give the manufacturer ONE final repair attempt after meeting the 3-repair or 30-day threshold. Send written notice by certified mail to the manufacturer's corporate address AND take the vehicle to an authorized dealer.
What Counts as "Out of Service"
- Days the vehicle is at the dealership for warranty repairs
- Days waiting for parts to arrive
- Days when the vehicle is undriveable due to the defect
- Does NOT count: Routine maintenance, recall work, damage from accidents
Lemon Law Remedies
If your vehicle qualifies as a lemon and the manufacturer cannot fix it after the final repair attempt, you're entitled to choose between:
Option 1: Full Refund
The manufacturer must refund:
- Full purchase price (or remaining lease payments)
- All collateral charges (taxes, registration, title fees)
- Finance charges already incurred
- Incidental costs (towing, rental cars due to defect)
- Minus: Reasonable allowance for use (based on mileage before first repair attempt)
Option 2: Replacement Vehicle
The manufacturer must provide:
- Comparable new vehicle of the same model
- Same or similar options and equipment
- No additional cost to consumer
Calculating the Usage Allowance
The manufacturer can deduct a "reasonable allowance for use" from your refund. The formula is:
Usage Allowance Formula: (Miles driven before first repair attempt ÷ 100,000) × Purchase Price. For example, if you paid $30,000 and had 5,000 miles before the first repair: (5,000 ÷ 100,000) × $30,000 = $1,500 usage allowance.
Required Arbitration Process
Pennsylvania requires you to go through arbitration before filing a lawsuit. The Pennsylvania Attorney General administers the state-run arbitration program.
Step-by-Step Arbitration Process
- Final repair attempt: After meeting 3-repair or 30-day threshold, send written notice and allow one more repair attempt
- Obtain lemon law complaint form: From PA Attorney General's Bureau of Consumer Protection
- Submit complaint: Include all repair orders, correspondence, and documentation
- Manufacturer response: Manufacturer has 40 days to respond
- Arbitration hearing: Scheduled within 45 days of manufacturer response
- Decision: Arbitrator issues written decision within 45 days of hearing
- Appeal (optional): Either party can appeal to Court of Common Pleas within 30 days
Arbitration Filing Requirements
- Filing fee: $35 (non-refundable)
- Required documents: Purchase agreement, all repair orders, written communications, proof of final repair attempt notice
- Filing deadline: Within 3 years of original delivery of vehicle
At the Arbitration Hearing
- Informal proceeding (not like court)
- You may represent yourself or hire an attorney
- Present repair records, photos, and testimony
- Manufacturer may have representative and technical expert
- Hearing typically lasts 1-3 hours
Beyond Lemon Law: UTPCPL Protection
Pennsylvania's Unfair Trade Practices and Consumer Protection Law (UTPCPL, 73 P.S. § 201-1 et seq.) provides additional protections that can work alongside the lemon law.
UTPCPL Advantages
- Treble damages: Up to 3x actual damages for willful violations
- Attorney fees: Prevailing consumers can recover attorney fees
- Broader coverage: Applies to used vehicles, dealer conduct, and misrepresentation
- Private lawsuits: Can sue without going through arbitration first
Common UTPCPL Claims in Auto Cases
- Dealer misrepresented vehicle condition or history
- Dealer rolled back odometer or concealed accident damage
- Manufacturer failed to honor written warranty
- Dealer used deceptive advertising or pricing
- Hidden fees or unauthorized charges
Six-Year Statute of Limitations: UTPCPL claims must be filed within 6 years of the violation. For lemon law cases, you must file arbitration within 3 years of original delivery. Act promptly to preserve your rights.
Documentation Checklist
Proper documentation is essential for a successful lemon law claim. Keep organized records of:
Purchase Documents
- Purchase agreement or lease contract
- Window sticker (Monroney label)
- Finance documents
- Registration and title
- Warranty booklet
Repair Documentation
- All repair orders (keep every copy)
- Dates vehicle dropped off and picked up
- Descriptions of problems reported
- Descriptions of work performed
- Parts replaced
- Invoices (even if warranty-covered)
Communication Records
- Emails and letters to dealer and manufacturer
- Phone call notes (date, time, who you spoke with, what was said)
- Certified mail receipts for final repair attempt notice
Incidental Expense Records
- Rental car receipts
- Towing bills
- Alternative transportation costs
- Lost wages (if applicable)
Writing a Lemon Law Demand Letter
Before or during the arbitration process, a formal demand letter to the manufacturer can help resolve your case or establish documentation for proceedings.
What to Include
- Vehicle information: Year, make, model, VIN
- Purchase date and mileage: When you bought it, current mileage
- Description of defects: What's wrong with the vehicle
- Repair history: Dates and descriptions of repair attempts
- Legal basis: Cite 73 P.S. § 1951-1963
- Specific demand: Refund or replacement, specify amount
- Deadline: 10-14 days to respond
Sample Demand Letter Language
"Pursuant to the Pennsylvania Automobile Lemon Law (73 P.S. § 1951-1963), my vehicle has been subject to [number] repair attempts for [describe defect] and/or has been out of service for [number] cumulative days. Despite a final repair opportunity provided on [date], the nonconformity persists. I demand a full refund in the amount of $[amount] or a replacement vehicle of comparable value. If I do not receive a satisfactory response within 14 days, I will file for arbitration with the Pennsylvania Attorney General's Office."
PA Small Claims Court
For smaller claims or non-lemon law auto disputes, Pennsylvania's Magisterial District Courts (small claims) provide an accessible option.
Small Claims Court Details
| Detail | Information |
|---|---|
| Maximum claim | $12,000 |
| Filing fee | $50-$125 (varies by amount claimed) |
| Where to file | Magisterial District Court where defendant resides or does business |
| Attorneys allowed | Yes, but not required |
| Appeal | Yes, to Court of Common Pleas within 30 days |
Additional Pennsylvania Consumer Protections
Security Deposit Rights
If you're also a renter in Pennsylvania, know these security deposit rules under the Landlord and Tenant Act (68 P.S. § 250.511a-250.512):
- Year 1: Maximum 2 months' rent
- Year 2+: Maximum 1 month's rent
- Return deadline: 30 days after lease termination
- Penalty for late return: Tenant may recover double the deposit
- Itemized statement: Required for any deductions
Auto Repair Rights
- Written estimate required: Before repairs begin
- Authorization needed: For work exceeding estimate
- Return of old parts: Upon request
- Itemized invoice: Must show all charges
Statute of Limitations Summary
| Claim Type | Time Limit | Statute |
|---|---|---|
| Lemon Law Arbitration | 3 years from delivery | 73 P.S. § 1959 |
| UTPCPL Claims | 6 years | 73 P.S. § 201-9.2 |
| Written Contract | 4 years | 42 Pa.C.S. § 5525 |
| Oral Contract | 4 years | 42 Pa.C.S. § 5525 |
| Property Damage | 2 years | 42 Pa.C.S. § 5524 |
| Fraud | 2 years from discovery | 42 Pa.C.S. § 5524 |
Frequently Asked Questions
How many repair attempts before my car is a lemon in Pennsylvania?
Under the Pennsylvania Lemon Law, your vehicle presumptively qualifies as a lemon after 3 unsuccessful repair attempts for the same defect, OR after being out of service for a cumulative 30 days for warranty repairs. Remember, you must then give the manufacturer one final repair opportunity before filing for arbitration.
Does Pennsylvania's lemon law cover used cars?
No. The Pennsylvania Automobile Lemon Law (73 P.S. § 1951-1963) only covers NEW motor vehicles within the first 12 months or 12,000 miles of purchase. However, used car buyers may have remedies under the UTPCPL if the dealer misrepresented the vehicle's condition or history.
How long do I have to file a lemon law claim in Pennsylvania?
You must file for lemon law arbitration within 3 years of the original delivery date of the vehicle. However, it's best to act as soon as you meet the 3-repair or 30-day threshold, as delays can complicate your claim.
Do I need a lawyer for Pennsylvania lemon law arbitration?
No, you can represent yourself in lemon law arbitration. The process is designed to be accessible to consumers without attorneys. However, for complex cases or if you're also pursuing UTPCPL claims (which offer treble damages), consulting with a lemon law attorney may be worthwhile.
What's the difference between the lemon law and Magnuson-Moss Warranty Act?
Pennsylvania's lemon law is state law that requires arbitration first and covers new vehicles within the first year. The Magnuson-Moss Warranty Act is federal law that allows direct lawsuits for breach of warranty and can cover both new and used vehicles under warranty. The Magnuson-Moss Act also allows recovery of attorney fees.
Can I get my attorney fees paid if I win my lemon law case?
Under the Pennsylvania Lemon Law arbitration process, attorney fees are not automatically awarded. However, if you pursue a UTPCPL claim (for willful violations) or a Magnuson-Moss Warranty Act claim in court, prevailing consumers can recover reasonable attorney fees.
What if the manufacturer offers me a buyback but the amount seems low?
The manufacturer must follow the formula in the lemon law: full purchase price minus a reasonable allowance for use, plus collateral charges and incidental costs. If their offer seems too low, calculate the correct amount yourself and negotiate. You can also proceed to arbitration if you can't agree.
Key Resources
- PA Attorney General Lemon Law Unit: 1-800-441-2555 or attorneygeneral.gov
- Lemon Law Arbitration Filing: Bureau of Consumer Protection, 15th Floor, Strawberry Square, Harrisburg, PA 17120
- PA Bar Association Lawyer Referral: 1-800-692-7375
- Consumer Law Project (free legal help): 215-238-6900 (Philadelphia area)
- Better Business Bureau Auto Line: 1-800-955-5100 (for manufacturer arbitration programs)
Start Your Lemon Law Claim
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