Buying a car, especially a used one, can easily become a troublesome experience. The purchase is most often done based on trust, not just in the manufacturer, but in the car dealer to sell you a sound vehicle. When they breach this trust, the aftermath can put you in life-threatening situations.
This is one of the reasons why the Pennsylvania Lemon Laws exist: to protect PA automobile owners from getting stuck with defective vehicles that repeatedly fail to meet quality or safety standards. This law ensures that buyers aren’t left without options when a car turns out to be a “lemon.” While Pennsylvania’s Lemon Law mainly covers new vehicles, it is still viable in used car purchases when certain conditions apply.
Easy Lemon is one of the leading Lemon law attorney services providers in Pennsylvania. We help new car owners to get compensations from manufacturers for defective vehicles that have defied repair. We have a 99% win rate and millions in compensation received. Do you have a lemon car? Book a free case evaluation now with a Pennsylvania Lemon Law attorney.
This article explores how Pennsylvania’s Lemon Law can apply to used cars, what protections are available, and how to determine if your used vehicle qualifies as a lemon under the law.
What Is Pennsylvania Lemon Law?
The Pennsylvania State Lemon Law, known as the Automobile Lemon Law, was enacted to protect and help residents who purchase new motor vehicles that turn out to be defective. This law ensures that manufacturers or dealers take responsibility for lemon vehicles that have defied repair after a reasonable amount of attempts.
Under Pennsylvania law, a lemon vehicle is typically a new motor vehicle that, during the first 12 months or 12,000 miles (whichever comes first) of purchase, has had a persistent defect that substantially impairs its use, value, or safety, in the face of three or more repair attempts.
In the same way, a vehicle that has been out of service for 30 cumulative days due to a defect also qualifies for a lemon, as long as the issue occurred during the warranty and eligibility time.
Does Pennsylvania’s Lemon Law Cover Used Cars?
Yes, the Pennsylvania Lemon Law covers used cars. However, it originally applied to new vehicles leased or purchased in Pennsylvania primarily for personal, family, or household purposes. Vehicles purchased outside Pennsylvania are not covered under this Law.
To protect used vehicle owners, an exception law was created by the Pennsylvania General Assembly stating that used car with valid manufacturer’s express warranty can qualify for a lemon as long as they file their complaint within the eligibility period of first 12 months or 12,000 miles.
There are additional statutes that offer some recourse to used car buyers. These include the Federal Lemon Law also known as Magnuson-Moss Warranty Act, the Pennsylvania Unfair Trade Practices and Consumer Protection Law (UTPCPL), and Implied Warranties under the Uniform Commercial Code (UCC).
The Magnuson-Moss Warranty Act is more flexible in terms of eligibility requirements than the Pennsylvania Lemon Law. For cases where the used car Lemon Law protections are limited in Pennsylvania, the Certified Pre-Owned (CPO) programs offer a more secure alternative by providing an extended warranty coverage backed by manufacturers.
However, these warranties vary by the manufacturer; for instance, Toyota has a 12-month/12,000-mile comprehensive warranty from the date of purchase, plus a 7-year/100,000-mile powertrain warranty from the original sale date.
On the other hand, Chevrolet has a 6-year/100,000-mile extended powertrain limited warranty, including roadside assistance. As such, it’s important to carefully ascertain your motor vehicle’s warranty before requesting for a Lemon Law arbitration.
What Are the Eligibility Criteria for Used Cars Under PA Lemon Law?
While the Pennsylvania Lemon Law does not directly cover most used vehicles, here are a few criteria that could qualify a used car.
Still Under Manufacturer’s Original Warranty
The used vehicle must still be within the manufacturer’s warranty period. This is critical because the PA Lemon Law protections apply only while the warranty is in effect, even if the car is no longer new. It doesn’t apply to cars sold “as-is” or without a valid warranty. Always confirm warranty status before buying.
Purchased or Leased in Pennsylvania
The car must have been bought or leased in Pennsylvania for personal, household or family use, not for business or commercial purposes. You can’t file a Lemon law claim in PA for a car you purchased in another state.
Reasonable Repair Opportunity
The manufacturer must have been given a reasonable number of chances (typically 3 or more) to fix the problem, or the vehicle must have been inactive for thirty days or more due to the defects. It’s important to keep detailed records of every repair visit, including dates, dealer name, and a description of the issue. If the problem still isn’t resolved after these attempts, the car may qualify under the used car Lemon Law.
The Defect Must Substantially Affect the Vehicle
Lastly, another eligibility criterion for used vehicle lemon in Pennsylvania is that the defect must significantly impair the use, market value, and safety of the vehicle. Minor inconveniences like a broken radio or worn upholstery are not enough. The defect must make the vehicle unreliable or life-threatening, such as engine failure, brake issues, or transmission problems. Additionally, the defect must not result from the owner’s abuse, neglect, or unauthorized modifications.
What to Do If You Suspect Your Used Car Is a Lemon in PA?
If you suspect your used car is a lemon in PA, it’s important to act quickly and follow the proper steps to protect your rights. Here are actions to take:
1. Notify the Dealer or Manufacturer
According to the PA Lemon Law, you can’t file a claim against a vehicle manufacturer or dealer without proving that you’ve duly notified them about your car’s issues.
The first step to a successful claim is to notify the seller, dealer, manufacturer that you’ve noticed a serious problem with the car through their official telephone line or certified mail. You can do this before visiting an auto repair shop. Since most manufacturers don’t handle repairs, they may refer you to their service centers.
If allowing a third party auto repair shop to fix the problem will void your warranty, endeavor to work with only the manufacturer’s authorized service centers. All you need to file for a Lemon Law claim is to record at least three repair attempts on the issue or for the vehicle to be out of service for up to 30 days as a result of the repair.
2. Document All Events
It is essential to keep a detailed record of all repair attempts, dates, invoices, service visits, and correspondence. Also, ensure to save emails, texts, or notes from phone calls with the seller, dealer, or manufacturer about the car’s problems. Record how long your vehicle has been in the auto repair shop and the cumulative number of repair work performed on it.
Having solid documentation of this information is vital as the arbitration board will consider it when determining whether you will receive compensation. It also proves that you gave the manufacturer a reasonable opportunity to fix the problem.
If the defect persists after three repair attempts or the car stays out of service for 30 cumulative days, you may hire a legal counsel and proceed to file a Lemon law car claim through arbitration.
3. Contact a Lemon Law Attorney
If you believe your used car qualifies as a lemon under Pennsylvania law, it’s crucial to consult with a qualified Lemon Law attorney as soon as possible. An experienced attorney can provide expert guidance and handle legal complexities.
In PA, most Lemon law attorneys offer free consultations and work on a contingency basis, meaning they only get paid if they win the case. So if you don’t win, you don’t pay. But always confirm the details before hiring. Also, if you win the case, the manufacturer will pay the court and reasonable attorney fees.
4. Proceed to Arbitration
Every vehicle manufacturer in the Pennsylvania has an arbitration program they are part of, such as the Better Business Bureau (BBB) Auto Line Program. These programs exist to resolve disputes between the manufacturers and vehicle owners. If your vehicle qualifies for a used car Lemon law claim, you must go through arbitration before opting for any other legal redress.
In PA, a manufacturer’s arbitration program is an informal dispute resolution process that allows a consumer to settle a lemon law complaint outside of court. This method of resolution is much faster and incurs no legal fees. Also, if dissatisfied with the outcome, you can still go ahead and file a lemon lawsuit.
If the arbitration board finds the manufacturer liable, you can get a replacement vehicle or full refund of the money spent acquiring the vehicle, including the purchase price, sales tax, and any other fee you incurred. If the vehicle eventually get fixed, you will receive a full reimbursement of the expenses you made.
The manufacturer must abide by the arbitration decision. However, customers can seek alternative conflict resolution routes if unsatisfied with the decision. If the manufacturer has not established a proper arbitration procedure, you may immediately take legal action against them.
5. Sue the Manufacturer
You can bring up a private lawsuit against the manufacturer on the grounds of breach of warranty coverage. Your Lemon Law lawyer can easily explore a wide range of legal relief options including the Magnuson Moss Warranty Act, Unfair Trade Practices, and Consumer Protection Law.
Any good Lemon Law attorney will help you get justice provided that you have well-documented evidence of the manufacturer’s unwillingness or inability to resolve the vehicle defects within the provisions of the PA Lemon Law.
How Long Do I Have to File a Lemon Law Claim in Pennsylvania?
In Pennsylvania, you have one year from the date of the vehicle’s original delivery to the consumer or within the first 12,000 miles of use—whichever comes first—to file a Lemon Law claim. This means the three attempts to fix the defective product must happen within this time period. If you miss this deadline, you can still plead your case through other laws you may be eligible for, such as the Magnuson-Moss warranty Act.
Can You Return a Used Car If It Has Problems in PA?
No, in PA, you can’t automatically return a used car just because it has problems, especially if the car is sold “as is”. However, you may be able to return the car or seek a refund if specific legal conditions are met under Pennsylvania Lemon Law for used cars.
Under fraud or misrepresentation, if the seller knowingly hid serious issues or lied about the condition, you may have legal grounds to return the vehicle and/or seek damages. Also, you may qualify to return a used car if it’s still under the original manufacturer’s warranty and meets certain criteria, like repeated repair attempts for the same issue.
Need a Lemon Law Attorney in Pennsylvania?
In conclusion, the Pennsylvania Lemon Law provides vital protection for consumers who unknowingly purchase defective vehicles, including certain used cars that meet specific eligibility criteria. While the law traditionally covers new cars, used car buyers may still have options, especially if their vehicle was sold with a warranty or falls under certified pre-owned (CPO) protections.
Navigating this process can be complex, which is why consulting a knowledgeable Pennsylvania Lemon Law attorney is essential. An experienced attorney can assess your situation, guide you through the claim process, and help you fight for a refund, a replacement vehicle, or reimbursement. Need a Pennsylvania Lemon Law attorney? Don’t wait – get a free case evaluation today with Easy Lemon and protect your rights as a car buyer.
