Pennsylvania lemon laws are dealt with in Title 73, Chapter 28, Section 1951 et seq. This Chapter is known as ‘Automobile Lemon Law.’ Nonconformity is 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.
The prescribed time limit for manufacturer repair is within a period of one year following the actual delivery of the vehicle to the purchaser, or within the first 12,000 miles of use or during the term of the warranty, whichever occurs first. This time limit is prescribed in Section 1954. During this time limit the consumer should report any nonconformity, defect, or condition to the manufacturer, its agent, or its authorized dealer. The manufacturer, its agent, or its authorized dealer should repair or correct the nonconformity, defect, or condition at no charge to the consumer, within this time period.
Certain remedies are available to the purchaser if the manufacturer is unable to repair or correct any nonconformity, defect, or condition which results in significant impairment of the motor vehicle, after a reasonable number of attempts. The manufacturer should either replace the motor vehicle with a comparable motor vehicle of equal value, or accept return of the motor vehicle from the purchaser and refund to the purchaser. The refund includes the full purchase or lease price paid, including all collateral charges. The purchaser has the option to choose from either of the two remedies. From the full purchase price, the manufacturer can deduct a reasonable allowance for the purchaser’s use of the motor vehicle. This amount should not exceed 10 per mile driven or 10% of the purchase price or lease price of the vehicle, whichever is less. The remedies are enumerated under Section 1955.
73 P.S. § 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:
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“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.
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73 P.S. § 1954
Repair obligations
(a) REPAIRS REQUIRED.– The manufacturer of a new motor vehicle sold or leased 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.
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73 P.S. § 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 or lease price, including all collateral charges, less a reasonable allowance for the purchaser’s use of the vehicle not exceeding 10 per mile driven or 10% of the purchase price or lease price of the vehicle, whichever is less. Refunds shall be made to the purchaser and lienholder, 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.
