When quality is a key consideration, buying a new vehicle rather than a used one can be a smart move. Despite disclosure regulations, it is very difficult to ensure the quality of a used vehicle. There could be latent defects or issues that the previous owner intentionally tried to hide before attempting to sell the vehicle.
A new vehicle reduces the possibility of misrepresentation and age-related issues with a vehicle. However, not all new vehicles are up to the same standard. Some brand-new vehicles are actually lemons that are not of the same quality as other vehicles produced by the same manufacturer. In Pennsylvania, buyers have the right to hold dealerships accountable for selling them lemons. The three criteria below help establish whether or not a vehicle is actually a lemon.
It must be a new vehicle
Pennsylvania lemon laws do not apply to used vehicles or refurbished ones. Lemon laws specifically protect those leasing or purchasing brand-new vehicles. If the vehicle has a previous owner or was previously leased to another private party, then lemon law protections likely do not apply.
Issues must arise early
For an issue with the vehicle to make it into a lemon, the problem must occur relatively early in the ownership arrangement. A vehicle may be a lemon if issues crop up during the first year of ownership or within the first 12,000 miles of driving the vehicle. Even if the realization that a vehicle is a lemon occurs later, the first time that the issue arose is what influences whether or not the vehicle is technically a lemon.
The vehicle must require lengthy repair attempts
The final requirement for a lemon is that the dealership must make multiple attempts to repair the issue unsuccessfully. A vehicle becomes a lemon after three attempts to repair the same issue. A lengthy loss of access may also lead to claims of a vehicle being a lemon. If an owner must surrender their vehicle to for 30 days or more for repairs, then the vehicle may ultimately end up being a lemon according to Pennsylvania law.
Those who purchase a lemon have the right to request a replacement or a refund according to Pennsylvania’s consumer protection statutes. Discussing the recent purchase of a defective new vehicle at length with a skilled legal team can help buyers determine if their vehicle is a lemon and what steps to take next to recoup their losses.