Pennsylvania Lemon Law – Complete Consumer Guide

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    The Pennsylvania Lemon Law protects buyers of new vehicles that have serious defects the manufacturer can’t fix after a reasonable number of attempts.

    If your new car is a “lemon,” you may be entitled to a full refund, replacement vehicle, and possibly attorney’s fees.


    1. Does the Pennsylvania Lemon Law Apply to You?

    Covered Vehicles

    • New passenger cars, SUVs, trucks, and vans purchased or leased in Pennsylvania

    • Registered for personal, family, or household use

    • Gross vehicle weight under 9,000 pounds

    • Problems occurring within 12 months or 12,000 miles of delivery (whichever comes first)

    Not Covered

    • Used vehicles (covered under other laws)

    • Motorcycles, motorhomes, off-road vehicles

    • Vehicles purchased for business use


    2. What Qualifies as a “Lemon” in PA

    A vehicle is presumed to be a lemon if:

    1. The same defect has been subject to 3 or more repair attempts without success; OR

    2. The vehicle has been out of service for 30 or more total calendar days for any number of problems; AND

    3. The defect substantially impairs the use, value, or safety of the vehicle; AND

    4. The first repair attempt occurred within the first 12 months or 12,000 miles.


    3. Your Rights Under the Law

    If your vehicle meets the lemon definition, you are entitled to:

    • Replacement Vehicle of comparable value

    • Full Refund of purchase price, including taxes, registration, and other fees

    • Reimbursement of incidental costs (towing, rental cars, etc.)

    • Attorney’s fees paid by the manufacturer (in most cases)


    4. The Process – Step-by-Step

    Step 1 – Notify the Manufacturer

    • If the dealer hasn’t fixed the problem, send written notice by certified mail to the manufacturer giving them one final chance to repair.

    • Keep copies of all correspondence, repair orders, and receipts.

    Step 2 – Final Repair Attempt

    • The manufacturer has 10 days from receiving your letter to make the repair.

    Step 3 – Arbitration or Settlement Discussions

    • Many manufacturers have informal dispute resolution programs.

    • Participation may be required before you can file a lawsuit (check your warranty booklet).

    • If the program is not binding or fails, you can proceed to court.


    5. The Litigation Process in Pennsylvania Lemon Law Cases

    If settlement or arbitration doesn’t resolve your case, litigation is the next step.

    A. Filing the Lawsuit

    • We file a complaint in state or federal court against the manufacturer.

    • Claims may include the PA Lemon Law, Magnuson-Moss Warranty Act, and other consumer protection laws.

    B. Discovery Phase

    • Both sides exchange information and evidence.

    • We request:

      • Repair records

      • Manufacturer’s internal technical bulletins

      • Warranty claims history

    • You may be asked to answer questions under oath (interrogatories) or provide testimony (deposition).

    C. Expert Inspections

    • We may arrange for an expert mechanic to inspect and document the defect.

    • Expert reports strengthen your case for trial or settlement.

    D. Settlement Negotiations

    • Many cases resolve before trial.

    • Settlements can include:

      • Vehicle buyback

      • Replacement

      • Cash compensation for diminished value (“cash and keep”)

      • Reimbursement for expenses

    E. Trial

    • If the case goes to trial, a judge or jury will decide:

      • Whether your vehicle is a lemon under PA law

      • What remedy you are entitled to

    • If you win, the court can order the manufacturer to pay your attorney’s fees.


    6. Common Myths About the PA Lemon Law

    • Myth: “If my car is used, I can’t get help.”
      Truth: Used cars aren’t covered by the Lemon Law, but other laws like the Magnuson-Moss Act and the PA Unfair Trade Practices Act may help.

    • Myth: “I have to give the dealer unlimited chances to fix it.”
      Truth: The law only requires a reasonable number of attempts (usually 3).

    • Myth: “It’s too expensive to hire a lawyer.”
      Truth: The law allows for attorney’s fees to be paid by the manufacturer if you win.


    7. How We Help

    At Ginsburg Law Group, we:

    • Review your repair history and purchase documents

    • Handle all manufacturer communications

    • File and litigate your claim at no upfront cost to you

    • Seek the maximum recovery the law allows


    8. What to Do Now

    1. Gather Your Records

      • Purchase/lease agreement

      • All repair orders and receipts

      • Any communication with the dealer or manufacturer

    2. Contact Us

    3. Act Quickly

      • The Lemon Law’s timelines are strict — delaying can affect your rights.

    READ FULL STATUTE HERE.