Pennsylvania Lemon Law Statute

PA Lemon Law Summary

This is a summary of the Pennsylvania Lemon Law Statute.  The Federal Lemon Law Statute (or Magnuson-Moss Warranty Act) can be found here.

Covered Vehicles:

Vehicles purchased or leased in Pennsylvania used primarily for personal, family or household purposes.

Repair Attempts or Days out of Service:

3 repair attempts – 30 calendar days out of service

Coverage Period:

1 year, 12,000 miles, or duration of warranty, whichever occurs first.


Pennsylvania Lemon Law Statute

This is the actual text of the Pennsylvania Lemon Law Statute.  The Federal Lemon Law Statute (or Magnuson-Moss Warranty Act) can be found here.

Title 73, Chapter 28
Trade And Commerce
Automobile Lemon Law

1951 Short title.
This act shall be known and may be cited as the Automobile Lemon Law.

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 or exchanging vehicles.
“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 and is registered in the Commonwealth and is used 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 ownership of a new motor vehicle by transfer or purchase or who has entered into an agreement or contract for the purchase of a new motor vehicle which is used or bought for use primarily for personal, family or household purposes.

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.

1954 Repair obligations.

(a) Repairs required. The manufacturer of a new motor vehicle sold 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.

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, including all collateral charges, less a reasonable allowance for the purchaser’s use of the vehicle not exceeding the per mile driven or 10% of the purchase price of the vehicle whichever is less. Refunds shall be made to the purchaser and lien holder, 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.

1956 Presumption of a reasonable number of attempts.
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.

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.

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 attorney’s fees and all court costs.

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 8 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.

1960 Resale of returned motor vehicle.

(a) Vehicles may not be resold.-If a motor vehicle has been returned under the provisions of this act or a similar statute of another state, it may not be resold 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, whichever is earlier.
2. The manufacturer provides the consumer 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 RETURNED TO THE MANUFACTURER BECAUSE IT DID NOT CONFORM TO THE MANUFACTURER’S EXPRESS WARRANTY AND THE NON-CONFORMITY WAS NOT CURED WITHIN A REASONABLE TIME AS PROVIDED BY PENNSYLVANIA LAW.”

The provisions of this section apply to the resold motor vehicle for the full term of the warranty required under this subsection.

(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.

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.

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.

1963 Nonwaiver of act.
The provisions of this act shall not be waived.

 

To take the Lemon Test, call our FREE “60 Second Lemon Law Assessment”™ Hotline at 1-888-LEMONS-1 to speak with an experienced lemon law attorney who, once they obtain all the required information, will evaluate your case in 60 seconds or less or fill out our online“60 Second Lemon Law Assessment*” review form and one of our experienced lemon law representatives will contact you.


They sent me a letter, about there firm, I called them and they explained what they did and how they may be able to help me.... I wasn’t sure at first but then They set me up to talk to the lawyer himself, and was assuring on what they do. Was up front and didn’t ask for any money up front so I proceeded and just like they said in about 6 weeks they called and had an offer to settle and we discussed our options and didn’t settle and they went back with a counter and got me more than I thought was possible. They had my best interests in mind. Would recommend them to anyone.read more
Brent Kochis
Brent Kochis
00:14 26 Sep 20
They made my lemon law case easy to deal with and got me results.
Kelly Carson
Kelly Carson
16:05 25 Sep 20
Very quick responses to all questions. Friendly and Professional service. I will definitely call them again, if the need... arises! Very cost friendly too. They won my disability case for SSA on the 1st try!read more
laura varisco
laura varisco
00:53 19 Sep 20
The staff was very patient with my questions. My emails and phone calls were answered professionally and timely. I always... knew where my case stood and the timeline for any activity. Staff was very friendly and kind throughout the entire process. My claim was not millions but I never felt like that made me less of a client. They treated me just like it was worth millions to them. I was nervous to take on a car company and they put me at ease and helped me to navigate the system and process. I can't thank them enough!read more
Avalene Neininger
Avalene Neininger
13:33 07 Sep 20
I received a mailing for a class action lawsuit on my 2016 Chevy Malibu. I called Kahn & Associates and spoke with them and... they let me know right away that I had a valid claim outside of the class action. They handled my case with kindness and precision. Quick response to emails and phone calls. Robert gave me this honest opinions and listened to my concerns. I was able to settle the Chevy for more than I thought I was going to receive.read more
Carmen Daniel
Carmen Daniel
13:11 01 Sep 20
I'm totally impressed with their commitment in doing all the research and findings for my case and keeping me updated on... everything, you all show your professionalism and integrity. thank youread more
Terry Danzy
Terry Danzy
23:30 20 Aug 20
All of these great reviews that you read about Mr. Bo Jeffries are on point (very real)! He keeps you informed along the way... and doesn’t mind answering questions. But, I also want to give credit to the awesome support staff, a.k.a., the super Paralegals! EVERY time I called and they answered they were always professional, knowledgeable and helpful. NEVER once did I feel like I was bothering them. That is a rare GEM. This clearly shows two invaluable things with respect to Kahn & Associates: (i) the tone-from-the-top exudes strong leadership and core values, and (ii) that the Owner(s)/Partner(s) of this law firm value their staff and understand the importance of proper paralegal (staff) utilization. I am beyond impressed to say the least!To give you an idea on how long you MAY have to wait for your settlement check once an agreement is reached- Settlement agreement reached on 6/18/20. Cash settlement received 8/7/20.I would highly recommend Kahn & Associates. I would use them again if ever needed (although, hopefully not).read more
Stacey
Stacey
16:52 12 Aug 20
I didn't expect anything, but they got me a settlement on my Cadillac under a breach of warranty issue.They had one offer... and said they could get more, and they did. I would recommend themread more
David Baker
David Baker
03:18 11 Aug 20
This firm was very easy to work with and got the job done. Courteous to work with. Highly recommend and would use again if... need be.read more
Diann Hamons
Diann Hamons
17:48 10 Aug 20
They was simply amazing thank you guys for taking care of my lemon law you went above and beyond for me !!
Bryan moracco
Bryan moracco
17:05 07 Aug 20
I had a very positive experience dealing with my lemon lawsuit for Chevy Equinox. Kahn and Associates made it very simple... and quick. I would definitely work with them again and recommend their law firm.read more
Jennifer Abraham
Jennifer Abraham
00:32 05 Aug 20
I am completely satisfied with the professionalism of all at Kahn & Associates. Dan Shervelli, Victoria Eck and Jordan Wolf... works very well as a team. I am super grateful to have worked with them. Very precise and settled my case in little to no time. I definitely would recommend them to everyone. Thanks Guys stay safe and keep up the good work.read more
laronda simmons
laronda simmons
17:05 04 Aug 20
Did not expect anything. Thought it was a scam at first. After negotiating i got a descent settlement Not what i was told... at first but half. I will use them again if i need to.read more
Jason Baumgartner
Jason Baumgartner
02:51 23 Jul 20
The only reason I have not yet given 5 stars is because my case isn't resolved I gave four because of the professionalism.... Vickie has been wonderful and so have the other ladies that I've spoken to. When I called Kahn Associates I was at my wit's end.. These car manufacturers want to offer you a deal to go away they won't tell you that but that's what it is they're not interested in what's wrong and they're definitely not on the side of right. I am dealing with issues with my 2016 Ford Focus and I needed help and answers. I'm still waiting for my case to be resolved however I feel at ease knowing that I have a wonderful team of professionals handling this matterread more
Nicole Wilson
Nicole Wilson
21:48 18 Jul 20
Kahn & Associates, LLC, was wonderful in assisting us with our vehicle matters. The firm is very responsive, highly... professional, and well organized. A special thank you to Jordan for always making yourself available!read more
Brandon Copeland
Brandon Copeland
22:21 15 Jul 20
Very quick response time. I thought my settlement would take a year and it was only months
Sandi Steadman
Sandi Steadman
21:30 05 Jul 20
They were amazing, 10/10 would recommend! Very patient with me and great customer service!
Madison Parrett
Madison Parrett
21:51 24 Jun 20
Super friendly down to earth and knowledgeable staff and attorney Bo Jeffries . He responds to emails and calls... immediately, understanding the clients urgency and situations ..We won our case ! I highly recommend ! Thank you Kahn & Associatesread more
Beener K
Beener K
11:16 23 Jun 20
They helped us achieve a settlement for our minivan that had transmission issues. All communication happened via phone or... email, they were very responsive and answered all our questions. From the time we first contacted them until receiving our payment, it took only about 3 months, and even the covid shutdowns didn't affect their timelines. I would recommend Kahn & Associates to anyone needing help with lemon law.read more
Zuzana Lee
Zuzana Lee
16:24 22 Jun 20
Great folks to work with. Very responsive to my queries, and fast.
Bill Halm
Bill Halm
00:11 15 Jun 20
I expected to get nothing from Ford motor co.for the problems I had. I purchased a used vehicle with manufactures warranty... still in place, so there were zero expectations. These folks got an amazing settlement offer from Ford ( after an arbitrator awarded me $ 0.00 ) and then went back to Ford and got that offer increased.Couldn't be happier with the results.so if your not sure if you have rights or a case, give them a try.read more
rick doran
rick doran
04:26 09 Jun 20
Want to say a BIG Thank You Kahn and Associates !! Great people to work with !! Got me what I wanted for my lemon now I can... get it replaced with a new truck.read more
Guy Nelson
Guy Nelson
23:37 08 Jun 20
All questions was important to this company. And took the time to answer everyone of them.I would recommend this company... to anyone for good quality service. Thank you.read more
Perez Foster
Perez Foster
16:26 07 Jun 20
I cant say enough about Mr. JEFFRIES and his staff. They assisted me in everyway possible. Thank you again so much.Take... careread more
Melanie Otto
Melanie Otto
01:38 11 May 20
They are the best out there. They work hard for you and make it so easy. Very trust worthy! Thank you for everything you... did for me!read more
Debbie King
Debbie King
13:11 06 May 20
They were great! Jordan wolf , bo Jeffries! They were up front with me and didn’t beat Around the bush got me set and in a... good spot. Thank you everyone BEST PLACE !read more
Owl The great
Owl The great
21:13 15 Apr 20
Excellent service. The entire Kahn and Associates team was wonderful to work with, and extremely professional. They produced... results above and beyond my expectations. I would highly recommend Kahn & Associates for any Lemon Law issue.read more
Trent Schulz
Trent Schulz
02:40 10 Apr 20
Positive experience with assistance in lemon law for a personnel vehicle. I would recommend to others with a similar... problem requiring resolution. Associates kept me up to date on progress and answered questions in a timely manner.read more
Tim Rittenberger
Tim Rittenberger
13:15 08 Apr 20
Started with only a phone call. Once Kahn & asso. checked out my complaint of my transmission slamming into gear when... downshifting and it would cause the entire truck [GMC Sierra 2017] to vibrate only on occasion. So my local dealership kept telling me to bring it in while it was doing it. That was impossible so they told me to drive it till it broke down and IF still under warranty. they would come get it. Well Kahn & Asso. after my phone call was able to retrieve a substantial settlement due to the inability of the MFG. to repair my vehicle. These people at Kahn & asso. are great. Super easy to work with and they are on top of the lemon law that helped retrieve my settlement. THANK YOU KAHN & ASSOCIATES.read more
dan wheeldon
dan wheeldon
14:59 03 Apr 20
Easy to work with. Professional and courteous.
S. Jones
S. Jones
18:46 29 Mar 20
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Mark Keith
Mark Keith
17:08 29 Mar 20
Kahn & Associates were awesome in handling my lawsuit! I got my check yesterday!!
Tina Jean Flaig
Tina Jean Flaig
16:03 28 Mar 20
Dan Scharville helped me out with a problem I was having with my Ford F-150 he was very informative and explained everything... clearly, everyone I spoke with was knowledgeable and friendly thank you for everythingread more
Dave Wilson
Dave Wilson
16:39 27 Mar 20
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Larry Park
Larry Park
14:35 20 Mar 20
from the beginning to the end Kahn & Associates we're great. Our attorney Bo Jeffries kept me informed thru the whole... process. He was very professional and patience with me calling him all the time. I would highly recommend them.read more
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Susan Williamson
18:24 13 Mar 20
We had a great experience with Kahn & Associates. Bo Jefferies was very helpful and kept us informed as the process went... along. He answered any questions we had. He really stayed on top of what was going on. Would highly recommend Bo and his staff.read more
Gary Meyer
Gary Meyer
18:09 08 Mar 20
Bo Jeffries was quick and efficient in getting my claim started and seeing it to the end. I highly recommend Bo Jeffries... and the Khan and associates law firm. They can get it done for you too.read more
Chris Walker
Chris Walker
19:35 27 Feb 20
Bo Jeffries with Kahn and Associates was outstanding! Professional, Honest, Extremely Responsive to calls, texts, and... voicemails. Bo did everything he said he’d do for my mother’s case. I highly recommend Kahn and Associates! Thank You to all for your hard work!read more
Phillip Yanak
Phillip Yanak
00:41 26 Feb 20
We had an amazing experience working with this firm regarding our 2013 Chevy Equinox. Jordan kept us totally informed and... up to date while our attorney Dan Scharville worked with GM to get us a settlement. We would recommend this firm to anyone who has or is having auto issues.read more
Chuck Nell
Chuck Nell
15:26 19 Feb 20
I highly recommend them! They all were so nice and took care of my problem in a timely manner.
tina becherer
tina becherer
21:45 08 Feb 20
Bo and Jordan were amazing. I recommend Kahn & Associates to anyone who needs help. Amazing people to work with.
Lisa Forgach
Lisa Forgach
18:55 08 Feb 20
Kahn&Associates,LLC were great with my case and helped me out tremendously.
Angela Elswick
Angela Elswick
20:49 06 Feb 20
Kahn and Associates staff was very friendly and helpful. They made the process painless. I would highly recommend them to my... friends and family.read more
Patti Cooper
Patti Cooper
15:54 06 Feb 20
Kahn & Associates was stellar. They were able to settle my lemon law case effectively, and made smooth and easy what could... have been a difficult and painful process.I worked with Jordan Wolf and Bo Jeffries during my case and they went above and beyond. They kept in touch and were always able to answer my questions quickly.I would definitely recommend this firm to anyone that is in need of a lemon law attorney.read more
jjbyrd04
jjbyrd04
20:58 05 Feb 20
General Motors has let technology surpass quality, as I discovered after purchasing a 2015 Chevy Silverado LTZ. I had... problems with transmission and heating and cooling. I took it to several dealerships and it was the same story, "it's the nature of the vehicle" or "could not duplicate" or they wouldn't even look at it. I had one law office from Detroit contact me and I sent them all the receipts and documentation that I took the truck in because I had a complaint. After several months of waiting to see what they was going to do for me I got a letter from them saying 'they just dropped my case'. Then I got a letter from Kahn and Associates, at first I was very skeptical, but I sent them the same documentation that I sent the other firm and it wasn't long after that I got positive results. GM made an offer and we settled. It was a substantial amount, therefore in my opinion GM knew there product was substandard, and admitted the same by making a settlement. I would recommend, Kahn and Associates, to anybody that has a GM product and the documentation of proof to get satisfaction for buying a lemon. The truck only has 50K miles on it and the defrost system still leaves coolant on the inside of the windshield. I'm on my way to the bank now and when the weather get's a little better I'll have the heat system replaced thanks to Kahn and Associates.read more
David Bradley
David Bradley
20:14 05 Feb 20
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