Nothing is more frustrating than the check engine light glowing in a car you just bought. You purchased a new vehicle expecting reliability, not immediate and constant visits to the service department. When a new car has serious, recurring problems, you may feel trapped.
You are not without options. Pennsylvania’s Lemon Law provides powerful protections for consumers who buy defective new vehicles. This law forces manufacturers to take responsibility for failing to deliver a safe, functional product.
What qualifies as a lemon in Pennsylvania?
The law applies to new vehicles purchased or leased in Pennsylvania. The law does not cover used cars, though other consumer protection laws may still apply to a fraudulent sale.
To qualify, your new vehicle must have a “nonconformity.” This is a serious defect or condition that substantially impairs the use, value or safety of the car. The problem must not be the result of abuse, neglect or unauthorized modifications you made.
Crucially, The defect must be reported within the first 12 months of delivery, the first 12,000 miles of use, or the term of the manufacturer’s express warranty, whichever comes first.
What is a ‘reasonable number’ of repair attempts?
You must give the dealer or manufacturer a “reasonable number” of attempts to fix the problem. The law provides a clear presumption for what is considered reasonable.
Your vehicle may be presumed a lemon if it meets either of these conditions:
- The same serious defect has been subject to repair three times
- The vehicle is out of service for repairs for a total of 30 or more calendar days
A critical point is that only the first report of the problem must happen within the statutory window (12 months, 12,000 miles, or the term of the express warranty, whichever comes first). The subsequent repair attempts or days out of service for that defect are not confined to this initial period.
What are your rights under the PA Lemon Law?
If your vehicle meets these standards, the manufacturer has a legal duty to provide a remedy. You, the consumer, have the right to choose between two options.
First, you can demand a full refund of the purchase price. This includes taxes, fees and finance charges, minus a small deduction for the miles you drove. Second, you can choose a comparable replacement vehicle of the same value. The choice is yours.
Proving your vehicle is a lemon
Successfully using the Pennsylvania Lemon Law depends heavily on your records. Keep every single repair order, invoice and communication you have with the dealership and manufacturer. Document the specific dates your car was in the shop and what was said.
This paper trail is the evidence needed to build a strong case. If you believe your new car is a lemon, gathering these documents is the first step. An attorney experienced in consumer protection can use this evidence to help you assert your rights.