Home / State Lemon Law Statutes and Guides / Pennsylvania Lemon Law

Pennsylvania Lemon Law

Pennsylvania consumers with lemon vehicles may be protected under either the Pennsylvania Lemon Law, the Magnuson-Moss Warranty Act (the federal lemon law), or both. Remedies may include refund, replacement or cash compensation such as diminished value and/or incidental and consequential damages. Attorneys’ fees also available meaning qualified consumers may receive Pennsylvania lemon law attorney representation at no cost.

And even if a vehicle doesn’t qualify under either of these lemon laws, the Truth In Lending Act and/or other related car buying laws may provide an avenue to recover cash damages that can help you trade out or pay for repairs.

Connect here for a free, no obligation Pennsylvania Lemon Law case review. In most instances to qualify under a lemon law your vehicle must only have an unreasonable repair history under the warranty, including (but not limited to) 3-4 repair attempts for the same problem, 6 repairs total on the vehicle, or 30 days out of service by reason of repair.

Pennsylvania Lemon Law Links

Pennsylvania Lemon Law (73 P.S. 1951 to 73 P.S. 1963)

Pennsylvania Lemon Law Statutes. 73 P.S. 1951. Short title

This act shall be known and may be cited as the Automobile Lemon Law.

Pennsylvania Lemon Law Rights. 73 P.S. 1952. Definitions

The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise:

“Dealer” or “motor vehicle dealer.” A person in the business of buying, selling, leasing or exchanging vehicles.
“Department.” The Department of Transportation of the Commonwealth.
“Manufacturer.” Any person engaged in the business of constructing or assembling new and unused motor vehicles or engaged in the business of importing new and unused motor vehicles into the United States for the purpose of selling or distributing new and unused motor vehicles to motor vehicle dealers in this Commonwealth.
“Manufacturer’s express warranty” or “warranty.” The written warranty of the manufacturer of a new automobile of its condition and fitness for use, including any terms or conditions precedent to the enforcement of obligations under the warranty.
“New motor vehicle.” Any new and unused self-propelled, motorized conveyance driven upon public roads, streets or highways which is designed to transport not more than 15 persons, which was purchased or leased and is registered in the Commonwealth or purchased or leased elsewhere and registered for the first time in the Commonwealth and is used, leased or bought for use primarily for personal, family or household purposes, including a vehicle used by a manufacturer or dealer as a demonstrator or dealer car prior to its sale. The term does not include motorcycles, motor homes or off-road vehicles.
“Nonconformity.” A defect or condition which substantially impairs the use, value or safety of a new motor vehicle and does not conform to the manufacturer’s express warranty.
“Purchaser.” A person, or his successors or assigns, who has obtained possession or ownership of a new motor vehicle by lease, transfer or purchase or who has entered into an agreement or contract for the lease or purchase of a new motor vehicle which is used, leased or bought for use primarily for personal, family or household purposes.

Pennsylvania New Car Lemon Law. 73 P.S. 1953. Disclosure

The Attorney General shall prepare and publish in the Pennsylvania Bulletin a statement which explains a purchaser’s rights under this law. Manufacturers shall provide to each purchaser at the time of original purchase of a new motor vehicle a written statement containing a copy of the Attorney General’s statement and a listing of zone offices, with addresses and phone numbers, which can be contacted by the purchaser for the purpose of securing the remedies provided for in this act.

Pennsylvania Automobile Lemon Law. 73 P.S. 1954. Repair obligations

(a) Repairs required.–The manufacturer of a new motor vehicle sold or leased and registered in the Commonwealth shall repair or correct, at no cost to the purchaser, a nonconformity which substantially impairs the use, value or safety of said motor vehicle which may occur within a period of one year following the actual delivery of the vehicle to the purchaser, within the first 12,000 miles of use or during the term of the warranty, whichever may first occur.
(b) Delivery of vehicle.–It shall be the duty of the purchaser to deliver the nonconforming vehicle to the manufacturer’s authorized service and repair facility within the Commonwealth, unless, due to reasons of size and weight or method of attachment or method of installation or nature of the nonconformity, such delivery cannot reasonably be accomplished. Should the purchaser be unable to effect return of the nonconforming vehicle, he shall notify the manufacturer or its authorized service and repair facility. Written notice of nonconformity to the manufacturer or its authorized service and repair facility shall constitute return of the vehicle when the purchaser is unable to return the vehicle due to the nonconformity. Upon receipt of such notice of nonconformity, the manufacturer shall, at its option, service or repair the vehicle at the location of nonconformity or pick up the vehicle for service and repair or arrange for transporting the vehicle to its authorized service and repair facility. All costs of transporting the vehicle when the purchaser is unable to effect return, due to nonconformity, shall be at the manufacturer’s expense.

Pennsylvania Vehicle Lemon Law. 73 P.S. 1955. Manufacturer’s duty for refund or replacement

If the manufacturer fails to repair or correct a nonconformity after a reasonable number of attempts, the manufacturer shall, at the option of the purchaser, replace the motor vehicle with a comparable motor vehicle of equal value or accept return of the vehicle from the purchaser and refund to the purchaser the full purchase price or lease price, including all collateral charges, less a reasonable allowance for the purchaser’s use of the vehicle not exceeding 10¢ per mile driven or 10% of the purchase price or lease price of the vehicle, whichever is less. Refunds shall be made to the purchaser and lienholder, if any, as their interests may appear. A reasonable allowance for use shall be that amount directly attributable to use by the purchaser prior to his first report of the nonconformity to the manufacturer. In the event the consumer elects a refund, payment shall be made within 30 days of such election. A consumer shall not be entitled to a refund or replacement if the nonconformity does not substantially impair the use, value or safety of the vehicle or the nonconformity is the result of abuse, neglect or modification or alteration of the motor vehicle by the purchaser.

Pennsylvania Lemon Law Statutes. 73 P.S. 1956. Presumption of a reasonable number of attempts

(a) General rule.–It shall be presumed that a reasonable number of attempts have been undertaken to repair or correct a nonconformity if:

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

(b) Time period extension.–

(1) The minimum number of calendar days provided for in subsection (a)(2) shall be extended by a period of not more than 30 additional calendar days if the repair cannot be completed by the manufacturer, its agent or authorized dealer by reason of war, act of terrorism, civil unrest, fire, flood or natural disaster.
(2) The minimum number of calendar days provided for in paragraph (1) may be extended for not more than 90 additional calendar days if the manufacturer files a sworn affidavit with the Office of Attorney General stating that repair could not be completed because of one or more of the reasons described in paragraph (1).
(3) Paragraphs (1) and (2) shall apply only if the manufacturer, its agent or authorized dealer lends a motor vehicle to the owner at no charge during the period of time under paragraphs (1) and (2), respectively, that the owner’s vehicle is with the manufacturer, its agent or authorized dealer for repair.

Pennsylvania Lemon Law Rights. 73 P.S. 1957. Itemized statement required

The manufacturer or dealer shall provide to the purchaser each time the purchaser’s vehicle is returned from being serviced or repaired a fully itemized statement indicating all work performed on said vehicle including, but not limited to, parts and labor. It shall be the duty of a dealer to notify the manufacturer of the existence of a nonconformity within seven days of the delivery by a purchaser of a vehicle subject to a nonconformity when it is delivered to the same dealer for the second time for repair of the same nonconformity. The notification shall be by certified mail, return receipt requested.

Pennsylvania New Car Lemon Law. 73 P.S. 1958. Civil cause of action

Any purchaser of a new motor vehicle who suffers any loss due to nonconformity of such vehicle as a result of the manufacturer’s failure to comply with this act may bring a civil action in a court of common pleas and, in addition to other relief, shall be entitled to recover reasonable attorneys’ fees and all court costs.

Pennsylvania Automobile Lemon Law. 73 P.S. 1959. Informal dispute settlement procedure

If the manufacturer has established an informal dispute settlement procedure which complies with the provisions of 16 CFR Pt. 703, as from time to time amended, the provisions of section 81 shall not apply to any purchaser who has not first resorted to such procedure as it relates to a remedy for defects or conditions affecting the substantial use, value or safety of the vehicle. The informal dispute settlement procedure shall not be binding on the purchaser and, in lieu of such settlement, the purchaser may pursue a remedy under section 8.

Pennsylvania Vehicle Lemon Law. 73 P.S. 1960. Resale of returned motor vehicle

(a) Vehicles may not be resold, transferred or leased at retail or wholesale.–If a motor vehicle has been repurchased under the provisions of this act or a similar statute of another state,it may not be resold, transferred or leased in this State unless:

(1) The manufacturer provides the same express warranty it provided to the original purchaser, except that the term of the warranty need only last for 12,000 miles or 12 months after the date of resale, transfer or lease, whichever is earlier.
(2) The manufacturer provides the purchaser, lessee or transferee with a written statement on a separate piece of paper, in ten point all capital type, in substantially the following form:

“IMPORTANT: THIS VEHICLE WAS REPURCHASED BY THE MANUFACTURER BECAUSE IT DID NOT CONFORM TO THE MANUFACTURER’S EXPRESS WARRANTY AND THE NONCONFORMITY WAS NOT CURED WITHIN A REASONABLE TIME AS PROVIDED BY PENNSYLVANIA LAW.”

(3) The motor vehicle dealer, lessor or transferor clearly and conspicuously discloses the manufacturer’s written notification prior to the resale or lease of the repurchased motor vehicle.
(4) The motor vehicle dealer, lessor or transferor obtains a signed receipt certifying in a conspicuous and understandable manner that the written statement required under this subsection has been provided. Access to the receipt shall be maintained for four years. The Attorney General shall approve the form and content of the disclosure statement supplied by the manufacturer.
(5) The manufacturer, dealer, lessor or transferor applies for and receives the designation of a branded title from the department.
(6) The department shall update its records and issue a title with a designation indicating that the motor vehicle was repurchased under the provisions of this act. The department shall forward to subsequent purchasers or lienholders, in accordance with 75 Pa.C.S. §§ 1107 (relating to delivery of certificate of title) and 1132.1 relating to perfection of security interest in a vehicle), a certificate of title which indicates that the vehicle was branded under the provisions of this act. The department shall determine the exact form and content of the title brand.
The provisions of this section apply to the resold, transferred or leased motor vehicle for the full term of the warranty required under this subsection. Failure of the manufacturer, dealer, lessor or transferor to notify its immediate purchaser of the requirements of this section subjects the manufacturer, dealer, lessor or transferor to pay to the Commonwealth a civil penalty of $2,000 per violation and, at the option of the purchaser, to replace the motor vehicle with a comparable motor vehicle of equal value or accept return of the vehicle from the purchaser and refund to the purchaser the full purchase price, including all collateral charges, less a reasonable allowance for the purchaser’s use of the vehicle not exceeding 10s per mile driven or 10% of the purchase price of the vehicle, whichever is less.

(b) Returned vehicles not to be resold.–Notwithstanding the provisions of subsection (a), if a new motor vehicle has been returned under the provisions of this act or a similar statute of another state because of a nonconformity resulting in a complete failure of the braking or steering system of the motor vehicle likely to cause death or serious bodily injury if the vehicle was driven, the motor vehicle may not be resold in this Commonwealth.
(c) Agreement waiving, limiting or disclaiming rights.–Any agreement entered into by a purchaser that waives, limits or disclaims the rights set forth in this act is void as contrary to public policy. Where applicable, the rights set forth in this act shall extend to a subsequent purchaser, lessee or transferee of the motor vehicle.

Pennsylvania Lemon Law Statutes. 73 P.S. 1961. Application of unfair trade act

A violation of this act shall also be a violation of the act of December 17, 1968 (P.L. 1224, No. 387), known as the Unfair Trade Practices and Consumer Protection Law.1

Pennsylvania Lemon Law Rights. 73 P.S. 1962. Rights preserved

Nothing in this act shall limit the purchaser from pursuing any other rights or remedies under any other law, contract or warranty.

Pennsylvania New Car Lemon Law. 73 P.S. 1963. Nonwaiver of act

The provisions of this act shall not be waived.

Free Attorney Review

11 comments

  1. If I purchased a used vehicle, still under factory warranty in Maryland, but reside in Pa, and it has been at the dealer more than three times with a check engine light issue, would the lemon law apply? What state is covered under, Pa or Md?

  2. If I purchase a used car and the engine light is already coming on after a year would that be considered lemon law? I went to get my vehicle inspected and only had it for a year and already they are saying that i fail the inspection for the steering wheel but it not my fault.

    • I purchased a used car with an extended warranty for 4,000 dollars. During my time with the car, I have had numerous repairs and a disagreement with the mileage allowance contact with the warranty company. (48,000 vs. 50,000) I also believe the car was damage severely before I purchased the car.

  3. I brought a used car and it keeps cutting of I took it back to the dealership and they said they fix it and the next day it would’n start what can I do

  4. I bought a used truck for 16.600 had it 1 month and found out the frame is badly rusted and will not last the length of my loan

  5. I got a car from a dealer thought it was in ok shape being that the check engine light was not on. turned out the bulb was removed so there for it would never come on. it failed inspection for many reasons an I was told that it was a death trap an was completely unsafe for my children. repairs were done an my car came out worse then before. not one repair was done so that it could pass inspection am I a, being charged for parts that they refuse to show receipts of the parts!

  6. I PURCHASED A USED CAR ON 2/22, TOOK IT BACK ON 2-23 BECAUSE CHECK ENGINE LIGHT CAME ON AND HEAT STOPPED WORKING. THEY CHANGED THE SENSOR. TOOK IT BACK AGAIN ON 2-24 BECAUSE OF THE CHECK ENGINE LIGHT CAME ON AGAIN, CHANGED THE SENSOR AGAIN. (THE PART FOR THE HEAT WON’T BE IN TIL FRIDAY) WHAT IF THE ENGINE LIGHT COMES ON AGAIN TODAY?

  7. Richard Narvaez

    I bought a Used car 2006 Chrysler Pacifica. i haven’t even driven it for more than 30 miles. the check engine light came on and the car seems sluggish. i took it to the Dealership Mechanic and he can’t find the problem. i took the car twice to the mechanic and he can’t fix it. it cost me 3,900 for the car. I bought it 4-25 2016. what can i do next? i’m going to try and talk to the dealer today 5-19 2016 . what rights do i have? Dealerships can’t get away with this right?

  8. Brenda Niles Castillo

    Hello I bought a vehicle through a dealer A Auto in Erie pa. This man Al sold a used vehicle and told my 19 yer old on that he would make certain it was safe and drivable and he said he pre inspected it. We went to he notary and did he registration paid for taxes etc…on our way home with vehicle the brakes went down to the floor it was hard to sto my kid was driving. I notified a gorge they looked it over and said there was shady stuff with this car. They said they will not do te work and it isn’t inspect ble. They have a list. I called he guy Al and told him he wen to the garage and took the vehicle nd told me he pushed the car on us to make payroll and said give him a couple days and he will refund the money. He said if he takes it out of his retirement find then hey will charge him doubl I told him he jut took 1500 dollars of my 19 year olds savings and put his life in jeopardy. We paid for fees we want reimbursed he still has he car with our temp plates and will not answer the business or cell phone.

  9. Timothy Blockson

    I bought a used car from a buy here pay here, the oil pressure keeps dropping, there are other issues with this car and the dealer won’t fix these issues . What can I do?

  10. I purchase goin on 4 months. And since a purchase it I been having problems. It be stalling check engine so I took it back to the dealer in a towtruck. Gave them a list. Of all the problems it’s been a month I still haven’t gotten my car yet.

Leave a Reply


Free Attorney Review

Confidential InformationNotice: There may be instances where discussing your situation over a public forum could potentially compromise your interests. On these occasions we will contact you directly via email in order to answer your inquiry in a confidential manner. If you would like to speak confidentially, please start your free attorney review instead of leaving a reply.


Your email address will not be published. Required fields are marked *

*