Timothy F. Rayne, Esquire

Answers to frequently asked questions regarding consumer rights when purchasing new motor vehicles

Pennsylvania's "Lemon Law" provides a mechanism for consumers who purchase new but defective vehicles to obtain a refund or replacement vehicle. Below are answers to frequently asked questions regarding the application of this consumer-friendly law.

What vehicles are covered by the Lemon Law?
The Lemon Law covers only "new motor vehicles" which were purchased and registered in Pennsylvania, and are used primarily for personal, family, or household purposes. This term does not include motorcycles, motor homes, or off-road vehicles. The Lemon Law does not cover leased vehicles.

What problems are covered by the Lemon Law?
The Lemon Law requires automobile manufacturers to repair or correct, at no cost to the purchaser, a "non-conformity" (i.e. defect), which substantially impairs the use, value, or safety of the motor vehicle. Examples include brake problems, repeated failures to start, and fluid leaks.

When does the manufacturer have the duty to make repairs?
The duty to repair a qualifying non-conformity extends through one year after the actual delivery of the vehicle to the purchaser, the first 12,000 miles of use of the vehicle, or during the term of the warranty, whichever ends first.

What should the purchaser do when a non-conformity arises?
It is the duty of the purchaser to deliver the non-conforming vehicle to the manufacturer's authorized service facility. Then, the manufacturer has a duty to attempt to repair the non-conformity.

When must the manufacturer repurchase or replace a vehicle?
If the manufacturer fails to repair or correct the non-conformity after a reasonable number of attempts, the manufacturer is required to replace the vehicle or refund to the purchaser the full purchase price of the vehicle. If the option of a refund is chosen, the manufacturer is entitled to deduct a reasonable allowance for the purchaser's use of the vehicle, which cannot exceed $.10 per mile driven before the non-conformity first appeared or 10 percent of the purchase price of the vehicle, whichever is less.

What is a reasonable number of repair attempts?
The Lemon Law creates a presumption that a manufacturer has had a reasonable number of repair attempts if:

• The same non-conformity has been subject to repair three (3) times by the manufacturer, its agents, or authorized dealers and the non-conformity still exists; or
• The vehicle is out-of-service by reason of any non-conformity for a cumulative total of thirty (30) calendar days or more.

What should I do to protect my rights?
If you purchase a new vehicle in Pennsylvania and have it registered in Pennsylvania, follow these steps to help protect your rights under the Lemon Law:

• If the car needs to be repaired during the first year or first 12,000 miles, always take the vehicle to a service or repair facility authorized by the manufacturer and located within the state of Pennsylvania;
• Insist that all of your complaints regarding the vehicle appear on the repair orders from the service facility;
• Save all repair records;
• Keep a record of each day that the vehicle is out-of-service by reason of any non-conformity;
• If the vehicle is subject to repair for the same non-conformity three times or more and the non-conformity still exists, consult your attorney regarding filing a Lemon Law claim;
• If the vehicle is out-of-service by reason of any non-conformity for a cumulative total of thirty calendar days or more, consult an attorney regarding filing a Lemon Law claim.

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