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60 Second Lemon Law Assessment™
60 Second Lemon Law Assessment™
When you are up against a massive car manufacturer, it is easy to feel like you have no power. But when it comes to a defective vehicle, the law is on your side. The Pennsylvania Lemon Law is a consumer protection statute designed to level the playing field, giving you the right to demand a full refund or a new car if yours can’t be fixed after a reasonable number of attempts. Better yet, the law includes a fee-shifting provision, which means if you win, the manufacturer pays your attorney’s fees. You should not have to pay for their mistake.
If you bought or leased a vehicle in Pennsylvania and it keeps breaking down despite multiple repair attempts, you may have legal protection under the Pennsylvania lemon law. This statute exists to hold manufacturers accountable when they sell defective vehicles, and it can entitle you to a full refund, replacement vehicle, or cash settlement. Take our free 60-Second Lemon Law Assessment or call 1-888-536-6671 to find out if you qualify. At Kahn & Associates, we have spent nearly three decades helping consumers across Pennsylvania fight back against manufacturers who refuse to stand behind their products. This guide explains exactly how the Pennsylvania lemon law works, who qualifies, and what steps to take if you believe you have a lemon. Key Takeaways:
The Pennsylvania Automobile Lemon Law, codified at 73 P.S. §§ 1951–1963, is a state consumer protection statute that provides remedies for buyers and lessees of new motor vehicles that turn out to be defective. The law requires manufacturers to either repair the defect, replace the vehicle, or refund the purchase price when a vehicle has a “nonconformity”, a defect or condition that substantially impairs the use, value, or safety of the vehicle. Pennsylvania enacted this law to prevent consumers from being stuck with vehicles that do not work as promised and cannot be fixed timely. Unlike general warranty claims where you negotiate directly with a dealership, the lemon law creates a legal framework with specific timelines, presumptions, and remedies that tip the scales in the consumer’s favor. The statute applies specifically to new vehicles purchased or leased in Pennsylvania. It does not matter where the manufacturer is headquartered or where the vehicle was built. What matters is that the purchase or lease took place in the Commonwealth and the vehicle was covered by the manufacturer’s warranty at the time the defect was reported.
It’s a common worry: did you accidentally sign away your rights in the mountain of paperwork you signed at the dealership? In Pennsylvania, the answer is a firm no. The state’s Lemon Law includes a powerful provision that says your consumer rights cannot be waived. This means any clause in a sales contract or repair agreement attempting to make you forfeit your lemon law protections is legally void. Manufacturers cannot pressure you into giving up your right to a refund or replacement for a defective vehicle. This safeguard ensures the law remains a strong tool for consumers, regardless of what the fine print might say. If you’re ever unsure about documents you’ve signed, you can find answers to common concerns on our Lemon Law FAQs page.
Not every vehicle problem triggers lemon law protection. You must meet specific criteria established by the statute:
While the law is comprehensive for new passenger vehicles, several categories are explicitly excluded from protection under the Pennsylvania Lemon Law. If your vehicle falls into one of these groups, you may need to explore other legal avenues for a resolution.
The problem must be a “nonconformity”, meaning it substantially impairs the use, value, or safety of the vehicle. This includes, but is not limited to:
Normal wear-and-tear items, cosmetic blemishes, and issues caused by owner abuse, neglect, or unauthorized modifications do not qualify.
Pennsylvania law creates a legal presumption that the manufacturer has had a reasonable number of attempts to fix the vehicle if any of the following conditions are met:
When this presumption applies, the burden shifts to the manufacturer to prove the defect has been repaired or that the problem does not substantially impair the vehicle.
When you take your vehicle in for a repair, the dealership plays a key role. Under Pennsylvania’s Lemon Law, the dealer must give you a copy of the repair bill each time they service your car. This paperwork is vital, so keep it organized. If you have to bring the car back a second time for the exact same problem, the dealer is legally required to notify the manufacturer within seven days. This rule ensures the manufacturer can’t claim ignorance about a recurring defect. It’s a crucial step in the legal framework designed to protect you and is part of the evidence needed to prove you’ve given the manufacturer a reasonable chance to fix the issue before pursuing a lemon law claim.
If your vehicle qualifies as a lemon under Pennsylvania law, the manufacturer must provide one of the following remedies:
The manufacturer repurchases your vehicle (buyback). The refund includes:
The manufacturer may deduct a reasonable use allowance based on the mileage at the time you first reported the defect, not the mileage at the time of the refund. This distinction matters because it prevents the manufacturer from reducing your refund based on miles driven while waiting for a resolution.
If you still love the make and model but just happened to get a dud, a replacement vehicle might be the right choice for you. In this scenario, the manufacturer provides you with a new, comparable vehicle. “Comparable” means it should be an identical or reasonably similar model with similar features and options. The manufacturer is responsible for paying the sales tax and transferring the title and registration to you. You also get the benefit of a brand-new warranty starting from the day you receive the replacement car, giving you fresh protection and peace of mind. This option allows you to move forward with a reliable vehicle without having to go back to the car shopping process all over again.
Sometimes, a full buyback or replacement isn’t the ideal outcome. If your vehicle’s defect is substantial but you’re willing to live with it for the right price, you can pursue a cash settlement. Often called a “cash and keep” deal, this remedy allows you to retain ownership of your vehicle while receiving a monetary payment from the manufacturer to compensate you for the defect and the vehicle’s diminished value. This is a common resolution, and the amount is negotiated based on the severity of the problem and the strength of your case. In a negotiated settlement, the manufacturer’s payment of your attorney’s fees is also part of the agreement, ensuring you don’t pay out-of-pocket for legal help. We have a long history of securing these kinds of successful outcomes for our clients.
While the Pennsylvania Lemon Law is specifically for new vehicles, that doesn’t mean you’re out of luck if you bought a used car with problems. Your best protection often comes from a powerful federal law: the Magnuson-Moss Warranty Act. This federal statute applies to any consumer product that comes with a written warranty, including used cars. If your used vehicle was sold with the remainder of the original manufacturer’s warranty or a separate written warranty from the dealer, this law applies. It requires the warrantor (usually the manufacturer) to repair a defect within a reasonable number of attempts. If they fail, you may be entitled to a refund or replacement vehicle.
The Magnuson-Moss Warranty Act is a vital tool for holding manufacturers accountable for their promises, even on second-hand vehicles. It’s important to note a key difference in how attorney’s fees are handled. While many state lemon laws mandate that the manufacturer shall pay your attorney’s fees if you win, the federal lemon law states they may be required to pay. However, at Kahn & Associates, we still take cases on a no-fee-unless-we-win basis. Other laws, like the Uniform Commercial Code (UCC), can also provide protection through express and implied warranties. These laws allow us to bring claims against manufacturers for warranty failures on used and even commercial vehicles, ensuring you have a path to justice.
Instead of a refund, you may receive a comparable replacement vehicle. The replacement must be the same make, model, and year (or equivalent), including comparable options and accessories.
In many cases, the manufacturer may offer a negotiated cash settlement. This can include compensation for diminished value, loss of use, inconvenience, and other damages. At Kahn & Associates, we have recovered over $65 million in settlements and refunds for our clients, as of the date of this article.
Once a manufacturer agrees to a buyback, they will arrange to take possession of your defective vehicle and pay off any outstanding loan as part of the settlement. But what happens to the car next? It doesn’t just disappear. The manufacturer will typically repair the underlying defect and then resell the vehicle on the used car market. To protect future consumers, Pennsylvania law requires the vehicle’s title to be permanently branded with a statement indicating it was returned to the manufacturer due to a defect. This “lemon brand” serves as a warning to potential buyers about the car’s history. While this provides a layer of transparency, it highlights why it’s always important for used car shoppers to be vigilant and check a vehicle’s history. Understanding this entire process can help you make an informed decision when you’re facing a difficult warranty issue. Our team can explain all your options under the Pennsylvania Lemon Law and help you determine the best path forward.
This is one of the most common questions we receive. The short answer: Pennsylvania’s state lemon law applies only to new vehicles. Learn more about what the lemon law covers. However, used car buyers are not without protection.
While the official Pennsylvania Lemon Law is designed for new vehicles, that doesn’t mean you’re out of options if you bought a defective used car. Other powerful consumer protection laws can step in to provide a safety net. Specifically, the federal Magnuson-Moss Warranty Act and Pennsylvania’s Unfair Trade Practices and Consumer Protection Law (UTPCPL) can offer significant protection. These statutes allow you to pursue a claim if your used vehicle has major defects that weren’t disclosed when you bought it, especially if it came with a written warranty from the dealer or manufacturer. So, even though there isn’t a specific “Used Car Lemon Law” in the state, these alternative legal avenues ensure that you aren’t left stranded with a vehicle that fails to perform as promised.
So, can you return a used car in Pennsylvania? While there’s no automatic “cooling-off” period or right of return after you drive off the lot, you do have rights if the car is defective. As mentioned, the state lemon law doesn’t apply here, but other laws do. If your used car came with any kind of written warranty—even a 30-day/1,000-mile limited warranty—and it has a defect that substantially impairs its use, value, or safety, you may have a claim. The Magnuson-Moss Warranty Act requires warrantors to repair defects within a reasonable time. If they can’t, you may be entitled to a refund or other compensation. It’s crucial to understand the terms of any warranty you received and to document every repair attempt. If you’re facing this situation, exploring your options under federal and state consumer protection laws is your best next step.
If you purchased a used vehicle that was still covered by the manufacturer’s original warranty or a certified pre-owned (CPO) warranty, you may have a claim under the federal Magnuson-Moss Warranty Act. This federal law has no mileage or age restrictions, it applies as long as the warranty was in effect when the defect occurred and the manufacturer failed to honor its warranty obligations.
Used car buyers may also have recourse under Pennsylvania’s Unfair Trade Practices and Consumer Protection Law (UTPCPL) if the dealership engaged in deceptive practices, such as concealing known defects, odometer fraud, or misrepresenting the vehicle’s history.
If you purchased a used vehicle in Pennsylvania that has persistent defects:
We handle federal warranty claims across Pennsylvania at no cost to you. Take our 60-Second Lemon Law Assessment to see if you qualify.
From the moment you notice a problem, start a paper trail:
You must report the nonconformity to the manufacturer or its authorized dealer within the first 12,000 miles of delivery. The clock starts from the date you took delivery of the vehicle, not the date of manufacture.
A critical feature of the Pennsylvania Lemon Law is how it handles early defects. When you report a nonconformity within the first 12,000 miles, you essentially lock in your protection for that specific issue. This means that even if the dealership’s repair attempts continue past the 12,000-mile mark, they still count toward building your case. The law was written this way to prevent manufacturers from simply delaying repairs until your initial coverage period runs out. It ensures they remain responsible for fixing the problem you reported from the beginning, giving you the time needed to meet the requirements for a claim without being penalized for extra mileage.
Give the manufacturer a fair chance to fix the problem. Under Pennsylvania law, three repair attempts for the same issue (or 30 cumulative days out of service) triggers the presumption in your favor. Do not stop going to the dealer for repairs, each documented attempt strengthens your claim.
After the presumption threshold is met, send written notification to the manufacturer (not just the dealer) that the vehicle is defective and that you are seeking a remedy under the Pennsylvania lemon law. Send this via certified mail with return receipt requested. Many manufacturer addresses can be found in your owner’s manual or warranty booklet.
Pennsylvania law allows manufacturers to establish certified arbitration programs. If the manufacturer has a state-certified arbitration program, you may be required to submit your claim to arbitration before filing a lawsuit. The arbitration process is free to consumers. Important: you are not bound by the arbitration decision. If you disagree with the outcome, you retain your right to file a lawsuit.
Most consumers benefit from having an experienced lemon law attorney handle their claim from the beginning. Learn about how much a consumer protection lawyer costs. Under both Pennsylvania law and the federal Magnuson-Moss Warranty Act, the manufacturer can be made to pay your attorney’s fees if your claim is successful. At Kahn & Associates, we operate on a pure contingency basis, No Recovery, No Fee. We have represented over 13,000 consumers and handle the entire process remotely. Call us at 1-888-536-6671 or take our 60-Second Lemon Law Assessment.
Understanding the differences between state and federal protections helps you determine which law offers the strongest claim for your situation:
| Feature | Pennsylvania Lemon Law | Federal Magnuson-Moss Act |
|---|---|---|
| Vehicles Covered | New vehicles only | New and used (if under warranty) |
| Presumption Time Limit | 12,000 miles | No time/mileage limit (warranty must be active) |
| Presumption Triggers | 3 repair attempts or 30 days out of service | No statutory presumption (case-by-case) |
| Remedies | Refund, replacement, or settlement | Cash damages, attorney fees, costs |
| Attorney Fees | Manufacturer pays | Manufacturer pays |
| Arbitration | May be required first | Not required |
| Lease Vehicles | Covered | Covered |
In many cases, filing claims under both state and federal law simultaneously provides the strongest leverage. Your attorney can advise on the best strategy for your specific situation.
Pennsylvania consumers report a wide range of defects that may qualify for lemon law protection. Some of the most common include:
If your vehicle has any of these problems and the dealer has been unable to fix them, it may qualify as a lemon under Pennsylvania law.
While the Pennsylvania Lemon Law provides a powerful, consumer-friendly framework, it’s not the only legal avenue available. For instance, if your vehicle’s issues arise after the 12,000-mile state protection window, the federal Magnuson-Moss Warranty Act can still offer protection. This law applies to any consumer product with a written warranty, including new and used vehicles, as long as the warranty was active when the defect appeared. It allows you to sue the manufacturer for breaching its warranty promises. One key difference is how attorney’s fees are handled. While many state lemon laws mandate that the manufacturer pays your attorney’s fees if you win, the federal act states that fees may be paid, leaving it to the court’s discretion.
Other laws can also come into play, especially for vehicles not covered by the standard lemon law. Commercial vehicles, for example, may be protected under the Uniform Commercial Code (UCC), which provides remedies for breaches of express and implied warranties. It’s also important to understand the focus of our practice. At Kahn & Associates, we exclusively handle warranty claims against vehicle manufacturers. We do not handle cases against car dealers for fraud or other deceptive sales practices. If you believe your vehicle’s manufacturer has failed to honor its warranty, we are here to help you explore your rights under all applicable state and federal laws.
What happens if a vehicle’s defect causes an accident that results in injury? This is a critical question that goes beyond the scope of a typical lemon law claim. If you get hurt in an accident because of a car defect, you can file a personal injury claim. This is a separate legal action that can help you recover compensation for medical bills, lost wages, and other significant losses. While your lemon law claim focuses on the vehicle itself—seeking a refund, replacement, or cash settlement for the defective product—a personal injury claim addresses the physical and financial harm caused by the manufacturer’s failure to produce a safe vehicle.
The manufacturer has a fundamental responsibility to ensure its vehicles do not have defects that substantially impair their safety. When a defect leads to an accident, the manufacturer can be held liable for the resulting damages. While our firm focuses on holding manufacturers accountable for the defective vehicle under lemon laws, it’s crucial to know that you have separate rights to seek compensation if you’ve been physically harmed. Consulting with an attorney who specializes in personal injury law is the best step to take in that unfortunate situation.
The timeline depends on several factors, but here is what to expect:
The key to a faster resolution is thorough documentation. The stronger your paper trail, the harder it is for the manufacturer to dispute your claim.
Yes. Pennsylvania’s lemon law covers both purchased and leased new vehicles. Lessees have the same rights as buyers under the statute. If your leased vehicle qualifies as a lemon, the manufacturer must provide a refund of lease payments or a replacement vehicle.
This is actually common and can help your case. Each time the same defect recurs after a repair attempt, it counts toward the three-attempt threshold. Keep bringing the vehicle in and documenting every visit. The pattern of failed repairs strengthens your claim.
The Pennsylvania lemon law applies to vehicles purchased from authorized dealers, not private sales. However, if the vehicle was still under the manufacturer’s warranty at the time of the private sale, you may have a federal warranty claim under the Magnuson-Moss Act. Contact us for a free evaluation.
Manufacturers sometimes argue that the defect is caused by driver behavior rather than a manufacturing flaw. However, if the same defect appears in other vehicles of the same make and model (as shown by technical service bulletins or NHTSA complaints), this defense is significantly weakened. An experienced lemon law attorney knows how to counter this argument.
The vast majority of Pennsylvania lemon law cases settle without going to court. At Kahn & Associates, most of our cases are resolved through negotiation and settlement. Manufacturers generally prefer to settle rather than face a trial where they risk paying additional damages and legal fees.
Nothing out of pocket. Under both the Pennsylvania lemon law and the federal Magnuson-Moss Warranty Act, the manufacturer can be made to pay your attorney’s fees and costs if your claim is successful. At Kahn & Associates, we work on a No Recovery, No Fee basis. You pay nothing unless we win.
The Pennsylvania Bureau of Consumer Protection is a valuable resource for consumers seeking assistance with lemon law claims and other consumer-related issues. They provide information on consumer rights, including how to file complaints against manufacturers and dealers who fail to honor warranties or engage in deceptive practices. While the Bureau is an excellent starting point for understanding the basics of Pennsylvania’s consumer protection laws, its role is primarily informational and mediatory. It can investigate patterns of complaints but cannot represent you individually to secure a buyback or replacement vehicle. An experienced lemon law attorney, on the other hand, acts as your personal advocate, using the law to demand specific remedies on your behalf and fighting for your rights in negotiation or in court.
Many manufacturers include specific instructions for reporting defects and seeking remedies in the owner’s manual. This document often contains important information about warranty coverage, including the manufacturer’s address for formal notifications, which is crucial for initiating a lemon law claim. Think of your owner’s manual as the rulebook for your warranty; following its procedures for notification is a key step in building an undeniable case. Before sending a formal demand, locate the section on warranty claims or customer assistance. It will specify the exact address to which you must send certified mail. Using the correct address and format prevents the manufacturer from claiming they were never properly notified, a common tactic used to delay or deny valid claims. Properly documenting your claim from the start is essential.
For nearly 30 years, Kahn & Associates has focused exclusively on lemon law cases. That specialization matters. Here is what sets us apart:
Craig Kahn is also the author of Service Required: The Uncensored Truth About Lawyers and The Lemon Law, a published resource for consumers navigating the lemon law process.
If you are dealing with a defective vehicle in Pennsylvania, do not wait. The protection period under the state lemon law is limited to the first 12 months or 12,000 miles, and the sooner you act, the stronger your case. Take our 60-Second Lemon Law Assessment or call us directly at 1-888-536-6671 to speak with an experienced lemon law attorney. The consultation is free, and there is no obligation. Kahn & Associates, No Recovery, No Fee.
Lemon Law Protections in Your State: Florida Lemon Law, Michigan Lemon Law, North Carolina Lemon Law, Ohio Lemon Law, Federal Lemon Law
*Disclaimer: The information contained in this Website is provided for informational purposes only, and should not be construed as offering legal advice, or creating an attorney client relationship between the reader and the author. While we aim for accuracy, the law is constantly changing and we make no guarantees regarding the completeness or timeliness of the information. You should not act or refrain from acting on the basis of any content included in this Website without seeking appropriate legal advice about your individual facts and circumstances from an attorney licensed in your state.
To see if you qualify, fill out the form below or call us at 1-888-536-6671 – No Office Visit Needed!
I had a great experience with Kahn & Associates! They made the process of dealing with an extremely frustrating lemon situation painless. They have very quick response times and everyone I dealt with was very friendly and helpful. Would definitely recommend!
Kahn and Associates did an awesome job with our lemon law case! We were getting nowhere with VW Customer Service and decided to hire an attorney who specialized with lemon law cases. We couldn’t be happier with the outcome. We were able to get a full refund on our lemon VW Atlas.
What a great experience! I was on the fence about hiring an attorney for my ongoing automotive issues and continued frustration with the manufacturer. It was a very simple process and I am very grateful Kahn and Associates for helping get me a settlement!
Real Honest attorneys!!! They are the real deal! I went back and forth with them and they explained to me every step and my rights under the law! I give them 5 stars because I won!!! Yes and my check is coming to me much sooner than I thought! I was stuck ! I own a brand new car and the dealer was giving me a hard time !
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Attorney Craig A. Kahn, who has more than 20 years of legal experience in lemon law.
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To see if you qualify, fill out the form below or call us at 1-888-536-6671 – No Office Visit Needed!
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*Disclaimer: The information contained in this Website is provided for informational purposes only, and should not be construed as offering legal advice, or creating an attorney client relationship between the reader and the author. While we aim for accuracy, the law is constantly changing and we make no guarantees regarding the completeness or timeliness of the information. You should not act or refrain from acting on the basis of any content included in this Website without seeking appropriate legal advice about your individual facts and circumstances from an attorney licensed in your state.
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