Lemon Law In Pennsylvania: 3-Day Rule Explained

The Pennsylvania Lemon Law applies to new cars purchased or leased in Pennsylvania and registered in PA, or purchased in another state but registered in PA by the first owner immediately after purchase. The law covers problems that occur during the first 12 months or 12,000 miles of ownership. The problem must substantially impair the value, use, or safety of the vehicle. The law allows the manufacturer three repair attempts for the same problem. If the repairs are unsuccessful, you may demand a refund or replacement vehicle. If your car is at the dealership for any repairs for a cumulative total of thirty days during the first 12 months or 12,000 miles, you may also demand a refund or replacement.

What is the Lemon Law in Pennsylvania?

The Pennsylvania Lemon Law is designed to protect consumers from defective vehicles. The law applies to new vehicles purchased or leased and registered in Pennsylvania, or purchased or leased elsewhere but registered for the first time in the state.

To qualify as a lemon, a vehicle must be taken back to the shop repeatedly for the same issue or for an extended period of time for any number of issues. The issues must occur in the first 12 months or 12,000 miles (whichever comes first) and cannot be fixed after a reasonable number of repair attempts (usually three or more). The law also applies if a vehicle is in the shop for repair for 30 calendar days or more in the first 12 months or 12,000 miles.

If a vehicle qualifies as a lemon, the manufacturer must, at the consumer's choice, either repurchase the vehicle or provide a comparable new vehicle. The consumer may also be entitled to a full refund or a partial refund for their defective car at no cost.

The Pennsylvania Lemon Law covers cars and personal trucks with defects that impair the use, safety, or value of the vehicle. Commercial vehicles, motorcycles, motor homes, and off-road vehicles are not covered by the law.

What are the requirements for a vehicle to be considered a lemon in Pennsylvania?

In Pennsylvania, a vehicle may be considered a lemon if it meets the following requirements:

• The vehicle must be purchased or leased new and registered in Pennsylvania. The vehicle must be used for personal, family, or household purposes. Commercial vehicles, motorcycles, motor homes, and off-road vehicles are not covered by the law.
• The vehicle must have a nonconformity, which is defined as a defect or condition that substantially impairs the use, value, or safety of the vehicle.
• The nonconformity must occur within the first 12 months or 12,000 miles of ownership, whichever comes first.
• The nonconformity must be reported to the manufacturer's authorised dealer at least once during the lemon law rights period of 1 year or 12,000 miles, whichever comes first.
• The manufacturer or its authorised dealer must be given three opportunities to repair the nonconformity.
• If the nonconformity still exists after three repair attempts, or if the vehicle is out of service for a cumulative total of 30 or more calendar days during the first 12 months or 12,000 miles, the vehicle may be considered a lemon.

What are the remedies a Pennsylvania lemon law attorney may be able to secure?

If your vehicle qualifies as a lemon under Pennsylvania law, you may be entitled to one of the following remedies:

• Replacement: The manufacturer may be required to provide a comparable new vehicle as a replacement for your lemon.
• Refund: The manufacturer may be required to refund the full purchase or lease price of the vehicle, minus a reasonable allowance for use.
• Other remedies: In some cases, you may be entitled to additional damages, such as attorney's fees and court costs.

What should you do if you have a PA Lemon Law claim?

If you have a PA Lemon Law claim, here are the steps you should follow:

Determine if your vehicle is covered by the Pennsylvania Lemon Law:

The law covers new vehicles purchased or leased and registered in Pennsylvania for personal, family, or household use. The law does not cover commercial vehicles, motorcycles, motor homes, or off-road vehicles.

Identify if the issue with your car is covered by the Lemon Law:

The problem must be covered under the manufacturer's warranty and must significantly impair the vehicle's use, value, or safety. It is important to note that the problem should not be a result of any modifications, abuse, neglect, or alteration made by the owner.

Ensure you have met the statutory guidelines for repair attempts:

In Pennsylvania, this typically means your vehicle has been subject to repair at least once within the first 12 months or 12,000 miles, whichever comes first. Additionally, there must be at least three repair attempts for the same issue, or the vehicle must be out of service for a cumulative total of 30 or more days during this period.

Provide detailed descriptions of the vehicle's defect to the dealer during each repair visit:

Keep a log of the issues you are facing, including when they occur, how often, and any associated noises or smells. Ensure you describe the problem consistently to the dealer each time you take your vehicle in for repairs.

Maintain detailed documentation of all repair attempts:

Keep all paperwork related to the repairs, including work orders, invoices, and receipts. Ensure these documents are properly dated and include details of the work performed, parts replaced, and the duration your vehicle was out of service.

• Even if the dealer fixes different problems with each repair, you may still qualify if your vehicle has been out of service for a cumulative total of 30 or more days.
• Gather the necessary paperwork to make your claim:

This includes your purchase or lease agreement, warranty information, and all repair-related documents. Also, keep a record of any communication you have had with the dealer or manufacturer regarding the issues.

Submit your claim to the manufacturer:

They will either offer a refund or replacement or deny your claim, asserting that the vehicle does not qualify as a lemon or that repairs were not performed under warranty.

Consider hiring a qualified lemon law attorney to increase your chances of a successful claim and ensure you receive what you are entitled to under the law.

An attorney can guide you through the process, improve your chances of a successful claim, and help you take further legal action if necessary.

What are some examples of past Pennsylvania Lemon Law claims?

• A client with a 2024 Mazda CX-90 that had engine issues was able to get a refund with the help of David Gorberg & Associates.
• A client with a 2022 Corvette Convertible that had issues with the hardtop movement was able to get a settlement with the help of David Gorberg & Associates.
• A client with a 2022 Ford Truck that had engine issues was able to get a settlement with the help of David Gorberg & Associates.
• A client with a 2020 Cadillac CT5 that had transmission issues was able to get a settlement with the help of David Gorberg & Associates.
• A client with a 2019 Tiguan that had electrical issues was able to get a settlement with the help of David Gorberg & Associates.
• A client with a 2016 Jeep Wrangler that had braking issues was able to get a settlement with the help of David Gorberg & Associates.

Frequently asked questions