Lemon Law in Pennsylvania
- Lemon Law in Pennsylvania
- Pennsylvania Lemon Law Conditions
- Pennsylvania Lemon Law Reimbursement
- FAQs on Pennsylvania Lemon Law
- Does Pennsylvania have a lemon law for used cars?
- How does a car qualify for the lemon law in Pennsylvania?
- What is the return law in PA for cars?
- How long do you have to file for lemon law in PA?
- Can you return a used car in PA?
- What do most lemon laws define a lemon as a car?
- What is the total loss statute in PA?
- Is there a Lemon Law for private sales in PA?
- What is the Lemon Law in NY State for used cars?
- What are the lemon laws that ensure automobile sales are fair?
- Can a dealer sell a car as is in PA?
- Can I sue a dealership for not giving me a title PA?
Pennsylvania Lemon Law (State Statue Title 73, Chapter 28, §§ 1951-1963) is a key consumer protection that guarantees the safety and reliability of new vehicles purchased or leased in the state. This law covers cars, trucks, SUVs, and other personal vehicles used for household purposes – meaning commercial vehicles, motorcycles, motor homes, and off-road vehicles are not included.
These cover any problems that arise within the first 12 months or 12,000 miles of ownership that substantially impair a vehicle’s value, use, or safety. The vehicle must have been taken to the dealer for service or repair at least twice for the same problem. If the repairs still remain unsuccessful after three attempts or the car has spent at least thirty days at the dealership within this initial time frame, you may be eligible for a refund or replacement.
The manufacturer is allowed a reasonable offset for the use of the vehicle before it is deemed defective. This should not exceed 10% of the purchase price or $.10 per mile driven before the first reported repair. In the event that your model or year cannot be replaced, you are entitled to receive a comparable vehicle of equal value.
It’s important to note that you lose these rights if the issue you’re experiencing is a result of modifications you made to your vehicle, as well as alteration, abuse, or neglect. You can find out more about the Lemon Law and how to exercise your rights from your owner’s manual. Alternatively, you can contact the Bureau of Consumer Protection at 1-800-441-2555 – though keep in mind they don’t provide legal advice or interpretation of the law. Lastly, you also have the option to bring a civil action in a court of common pleas with the potential to recover reasonable attorney’s fees and all court costs.
Pennsylvania Lemon Law Conditions
Thanks to a recent addition to the statute, Pennsylvania’s Lemon Law not only covers purchased cars but also leased cars as well. In order to be qualified as a lemon, your car needs to possess a nonconformity covered by the manufacturer’s warranty. That is legalese for something that’s broken on the car that is the maker’s fault.
This defect needs to rise to the level of rendering the car inoperable. It can’t just be a busted radio or stuck window. If the defect is the result of any accident or abuse you inflicted on the car then it’s not going to be deemed a lemon. On the other hand, if you took the car in for a fix at your dealership and they made the problem worse then it could become an official lemon.
The car’s problem also needs to have occurred within the first year of ownership or the first 12,000 miles. Once you have discovered this manufacturer’s defect you need to give that original automaker three shots at fixing the problem. This doesn’t mean taking the car back to Detroit, but taking it to an authorized mechanic.
Pennsylvania Lemon Law Reimbursement
As with everything else in our lives, we should keep records of our car maintenance. Even if your car is running smoothly, you should still be making a note of oil changes, tire rotations, and other check-up issues. That’s why you’re given a log in the owner’s manual.
Keeping records is especially important when things go sour with your car. You’ll need to present any receipts, repair estimates, or other written statements from your mechanic to the automaker in order to qualify for your refund or replacement car.
When your car has been deemed an official lemon, you’ll have the option to either get a new car under the same purchase contract or get a full reimbursement for what you’ve paid to the car. This should include all the taxes and registration fees. For a leased car, you’ll be getting back all the payments you made toward the contract.
FAQs on Pennsylvania Lemon Law
Does Pennsylvania have a lemon law for used cars?
Yes, the state of Pennsylvania does have a lemon law for used cars. The Used Car Lemon Law, or the Motor Vehicle Warranty Enforcement Act, applies to any car purchased from a licensed dealer that is fewer than 24 months old and has traveled less than 12,000 miles. If a vehicle qualifies as a “lemon,” then the buyer may be eligible for a refund of up to three times the purchase price of the car plus other costs.
How does a car qualify for the lemon law in Pennsylvania?
A car must have experienced at least four repair attempts or been out of service for more than 30 days within the first 12 months of ownership in order to qualify for the lemon law in Pennsylvania. In addition, the same defect(s) causing the vehicle to fail must be reported to the manufacturer during this time frame.
What is the return law in PA for cars?
The Used Car Lemon Law provides buyers with recourse if their used car fails to meet expectations. Buyers are entitled to receive a full refund or replacement vehicle if it is found to be a “lemon.” The law applies to any vehicle that meets the criteria listed above (less than 24 months old and traveled less than 12,000 miles).
How long do you have to file for lemon law in PA?
You must file a claim for your vehicle under the Used Car Lemon Law within 18 months after the date of purchase. All claims must be accompanied by supporting documentation such as repair orders, attempted repair notices, and all communications between the owner and the manufacturer.
Can you return a used car in PA?
While there is no legal right to return a used car in PA without cause, some dealers may offer returns based on their own policies. Additionally, certain state laws may provide for specific situations where buyers can cancel purchases or return vehicles within a reasonable amount of time.
What do most lemon laws define a lemon as a car?
Most lemon laws define a lemon as a car that has experienced at least four repair attempts or has been out of service for more than 30 days within the first 12 months of ownership due to a manufacturing defect. Additionally, the same defect(s) must be reported to the manufacturer during this timeframe.
What is the total loss statute in PA?
The Total Loss Statute in PA provides that when a vehicle is declared a total loss due to an accident or theft, the insurance company must pay the fair market value of the vehicle prior to the loss. This does not apply to vehicles that have been repurchased due to lemon law violations.
Is there a Lemon Law for private sales in PA?
Unfortunately, no. The Used Car Lemon Law only applies to cars purchased from licensed dealerships and cannot be extended to private sales. However, there may be other consumer protections available depending on the specifics of your situation.
What is the Lemon Law in NY State for used cars?
The Used Car Lemon Law in New York State covers vehicles purchased from licensed dealerships that are less than 24 months old and have traveled less than 12,000 miles. If these criteria are met and the vehicle experiences at least four repair attempts or has been out of service for more than 30 days within the first 12 months of ownership due to a manufacturing defect, then a consumer may be eligible for a refund or replacement vehicle.
What are the lemon laws that ensure automobile sales are fair?
The primary purpose of lemon laws is to ensure that automobile sales are completed fairly and without deception or misrepresentation. These laws protect consumers from faulty vehicles and provide recourse in cases where auto manufacturers fail to uphold their warranties.
Can a dealer sell a car as is in PA?
No, dealers can not legally sell cars without disclosing existing defects or problems through an AS IS disclosure notice. However, there may be exceptions depending on the exact nature of the sale.
Can I sue a dealership for not giving me a title PA?
Yes, you can sue an auto dealership for not giving you proper title paperwork in Pennsylvania. In such cases you may be able to recover damages related to any losses incurred due to the dealership’s failure to provide proper title documents.