Pennsylvania Lemon Law: Do You Qualify?

Pennsylvania lemon law at a glance

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The defect must occur within one year following delivery, the first 12,000 miles of use or the term of the warranty, whichever first occurs. For a motorcycle the period is one year or the warranty term, with no mileage limit (73 P.S. § 1954(a)).

Repair attempts

It is presumed that a reasonable number of attempts have been made if the same nonconformity has been subject to repair three times by the manufacturer, its agents or authorized dealers and still exists. Section 6 has one count for every nonconformity.

Days out of service

The same presumption arises if the vehicle is out of service by reason of any nonconformity for a cumulative total of 30 or more calendar days. Section 6(b) extends the 30 days by up to 30 more when repair could not be completed because of war, terrorism, civil unrest, fire, flood or natural disaster, and by up to 90 more with a sworn affidavit of the manufacturer filed with the Attorney General, but only if a vehicle was lent to you at no charge.

Written notice

The Act requires no notice to the manufacturer before suit. The allowance for use runs to your "first report of the nonconformity to the manufacturer" (Section 5). You must deliver the vehicle to the manufacturer's authorized facility in Pennsylvania, or if you cannot, notify the manufacturer, and written notice counts as return of the vehicle (Section 4(b)). The dealer must notify the manufacturer by certified mail within seven days after a second delivery for the same nonconformity, and must give you an itemized statement at every return from service (Section 7).

Who and what is covered

A "new motor vehicle" is any "new and unused self-propelled, motorized conveyance" designed to carry not more than 15 persons, including a demonstrator or dealer car sold later. Purchasers include lessees ("by lease, transfer or purchase"). Motor homes, off-road vehicles and dual sport motorcycles driven off road are excluded. The Act sets no weight limit (Section 2).

Used vehicles and later owners

The Act covers a "new and unused" vehicle, and this site treats a vehicle bought used as outside it. Section 10(c) says that "where applicable" the rights extend to a subsequent purchaser, lessee or transferee, and does not say when that applies; an attorney can tell you whether it reaches your vehicle.

Motorcycles

Act 151 of 2024 added motorcycles; it took effect six months after November 18, 2024 and has no clause limiting it to later purchases. For a motorcycle the presumption also requires that manufacturer-sourced parts were used in the repairs and that all attempts were made by one authorized facility (or a complete set of repair records was given to a new one, which gives an affidavit of three repairs).

Remedy

At the purchaser's option: a comparable replacement vehicle of equal value, or a refund of the full purchase price or lease price, including all collateral charges, less a reasonable allowance for use not exceeding 10 cents per mile driven or 10% of the price, whichever is less. Refunds go to the purchaser and lienholder as their interests may appear, and payment is due within 30 days of electing a refund (Section 5).

When there is no refund

No refund or replacement if the nonconformity does not substantially impair the use, value or safety of the vehicle, or is the result of abuse, neglect or modification or alteration of the vehicle by the purchaser (Section 5).

Pennsylvania lemon law: frequently asked questions

What counts as a lemon under the Pennsylvania lemon law?

A "nonconformity" is a defect or condition that substantially impairs the use, value or safety of a new motor vehicle and does not conform to the manufacturer's express warranty. The manufacturer must repair one that occurs within one year of delivery, 12,000 miles of use or the term of the warranty, whichever comes first. If it fails to repair or correct it after a reasonable number of attempts, you may choose a replacement or a refund. A reasonable number of attempts is presumed after three repairs of the same nonconformity that still exists, or 30 or more calendar days out of service.

Refund or replacement, and how is the use allowance calculated?

The purchaser chooses. Under Section 5 (73 P.S. § 1955) the manufacturer must, "at the option of the purchaser", replace the vehicle with a comparable one of equal value or accept its return and refund the full purchase price or lease price, including all collateral charges, less a reasonable allowance for use not exceeding 10 cents per mile driven or 10% of the price, whichever is less. The allowance is "that amount directly attributable to use by the purchaser prior to his first report of the nonconformity to the manufacturer"; the lesser figure is the most it can be and the Act sets no other formula.

Does the Pennsylvania lemon law cover used cars, leases, motorcycles or big trucks?

Leases: yes, a purchaser includes one who obtained the vehicle "by lease". Motorcycles: yes, since Act 151 of 2024, except dual sport motorcycles driven off road, with the extra conditions described above. Trucks: the Act sets no weight limit; it covers a vehicle designed to carry not more than 15 persons and used primarily for personal, family or household purposes. Motor homes and off-road vehicles are excluded. Used vehicles: the Act covers a "new and unused" vehicle and this site treats a vehicle bought used as outside it, though Section 10(c) extends the rights "where applicable" to a subsequent purchaser; an attorney can say whether that reaches you. Section 12 preserves other rights and remedies under other law, contract or warranty.

Do I have to use the manufacturer's dispute program first?

Only if the manufacturer has established an informal dispute settlement procedure that complies with 16 C.F.R. Part 703: then the civil action of Section 8 "shall not apply to any purchaser who has not first resorted to such procedure". The procedure is not binding on you; if you are not satisfied you may pursue a remedy under Section 8. The Attorney General's guide says the decision is binding on the manufacturer but not on the consumer.

How long do I have to file, and who pays the attorney?

The Act has no limitation period. This site applies the four-year period for an action for breach of a contract for sale (13 Pa. C.S. § 2725; 42 Pa. C.S. § 5525(a)(2)), counted from delivery; which period governs a Section 8 action is not settled in the sources, and 42 Pa. C.S. § 5527(b) gives six years to a civil action not subject to another limitation. A purchaser who brings a civil action under Section 8 "shall be entitled to recover reasonable attorneys' fees and all court costs" in addition to other relief. A violation of the Act is also a violation of the Unfair Trade Practices and Consumer Protection Law (Section 11), under which a court may, in its discretion, award up to three times the actual damages of a person who suffers an ascertainable loss. An agreement that waives, limits or disclaims your rights under the Act is void (Section 10(c)).

Statutes cited on this page

• 73 P.S. § 1952 (Section 2, definitions: "New motor vehicle")
• 73 P.S. § 1954(a) (Section 4(a), repair obligations: one year, 12,000 miles or the warranty term; motorcycles one year or the warranty term)
• 73 P.S. § 1956 (Section 6, presumption of a reasonable number of attempts: three repairs and the nonconformity still exists, or 30 or more calendar days out of service)
• 73 P.S. § 1956(b) (Section 6: extension of the 30 days)
• 73 P.S. § 1956(a)(3) and (c) (Section 6: the presumption for a motorcycle)
• 73 P.S. § 1955 (Section 5: replacement or refund at the purchaser's option, less a reasonable allowance for use not exceeding 10 cents per mile or 10% of the price)
• 73 P.S. § 1955 (Section 5: the allowance for use runs to the purchaser's first report of the nonconformity to the manufacturer)
• 73 P.S. § 1957 (Section 7: itemized statement; the dealer's certified-mail notice to the manufacturer)
• 73 P.S. § 1958 (Section 8, civil cause of action; attorneys' fees and court costs)
• 73 P.S. § 1959 (Section 9: informal dispute settlement procedure; prior resort when the manufacturer has one that complies with 16 C.F.R. Part 703)
• 73 P.S. § 1960(c) (Section 10(c): agreements waiving the rights are void; subsequent purchasers)
• 73 P.S. § 1961 (Section 11: a violation is also a violation of the Unfair Trade Practices and Consumer Protection Law)
• 13 Pa. C.S. § 2725 (limitation of an action for breach of a contract for sale: four years)
• 42 Pa. C.S. § 5527(b) (six years for a civil action not subject to another limitation)

This page summarizes the statute in plain language and is not legal advice. The linked official text controls.