Pennsylvania lemon law: when your car is a lemon and how to claim

Your next 4 steps in Pennsylvania

1. Keep every repair order

   Get a written repair order at every visit, with the date, mileage and days in the shop. In Pennsylvania, a car is presumed a lemon after 3 repairs for the same problem or 30 calendar days in the shop.

2. Send the manufacturer a written notice

   The Act does not require you to send the manufacturer a notice before suing. Write your notice letter ↓

3. Let the manufacturer make its final repair attempt

   If the manufacturer asks for one more repair after your notice, take the car in and get a repair order.

4. Ask for a refund or replacement, use arbitration, or call a lawyer

   If your manufacturer has a dispute program that meets the state’s rules (check your warranty booklet), you may have to use it first. See the Arbitration section below. If you win, the court can make the manufacturer pay your lawyer (see What you can get), so many lemon law lawyers charge nothing up front.

When a car is a lemon in Pennsylvania

Your vehicle is presumed a lemon if the same defect has been repaired 3 times and still exists, or if it has been out of service because of defects for a total of 30 or more calendar days. The 30 days can be extended (by up to 30 more days, or up to 90 with a sworn affidavit filed with the Attorney General) for war, terrorism, civil unrest, fire, flood or natural disaster, but only if the manufacturer lends you a vehicle free of charge. For motorcycles, the presumption applies only if all repairs were done by the same authorized facility (or you gave a new facility the full repair records), and storage time does not count toward the 30 days if you waived it in writing or signed a storage contract.

Period: 1 year from delivery, the first 12,000 miles, or the warranty term, whichever comes first. For motorcycles: 1 year from delivery or the warranty term, whichever comes first.

Is your car a lemon in Pennsylvania? A quick check

Notice to the manufacturer

The Act does not require you to send the manufacturer a notice before suing. You must bring the car to an authorized repair facility in Pennsylvania; if the defect keeps you from doing that, written notice to the manufacturer or its repair facility counts as returning the car. The dealer must notify the manufacturer by certified mail within 7 days when the car comes in a second time for the same defect.

Write your notice letter below.

Arbitration

Maybe — check your warranty booklet for an arbitration program (e.g. BBB AUTO LINE). If the manufacturer has a dispute program that complies with the FTC rules (16 CFR Part 703), you must use it before suing under the Act. The decision is not binding on you; if you are unhappy you can still go to court. Pennsylvania has no state-run lemon law arbitration program.

What you can get

At your choice, a comparable replacement vehicle of equal value, or a refund of the full purchase or lease price including all collateral charges. The manufacturer may deduct a use allowance of no more than 10 cents per mile or 10% of the price, whichever is less, for miles driven before you first reported the defect. A refund must be paid within 30 days after you choose it.

Attorney fees: A purchaser who sues under the Act is entitled to reasonable attorney fees and all court costs, in addition to other relief (Section 8).

Free lemon law notice letter

Most states require you to tell the manufacturer in writing and give it a last chance to fix the car. Fill this in, download the letter, sign it and mail it to the manufacturer. Keep a copy.

Send it by certified mail with return receipt so you have proof, and keep the receipt.

Who to contact

Office

Pennsylvania Office of Attorney General, Bureau of Consumer Protection

Official page

Questions about Pennsylvania's lemon law

Other states