When consumers spend their hard-earned money on a new vehicle, they expect it to be reliable and safe. But what happens when that shiny new car turns out to be a mechanical nightmare? That’s where Pennsylvania’s Lemon Law comes into play. This state-specific consumer protection law offers legal recourse to those who end up with a defective new vehicle — commonly referred to as a “lemon.” Understanding how this law works can help Pennsylvanians assert their rights and seek proper remedies when their car purchase goes awry.
In this article, we at Law Scroller will explain how Pennsylvania’s Lemon Law works, whether it applies to used cars, and what legal options are available if you purchase a defective vehicle in the state.
Understanding Pennsylvania’s Lemon Law
Pennsylvania’s Automobile Lemon Law is outlined in the Pennsylvania Statutes (73 P.S. §1951 – §1963). It is designed to protect consumers who purchase new vehicles that experience significant defects affecting their use, safety, or value.
What Vehicles Are Covered?
Pennsylvania’s Lemon Law applies to:
✔ New cars, vans, and trucks that are purchased or leased in Pennsylvania.
✔ Vehicles that are registered for personal, family, or household use (not commercial vehicles).
✔ Defects that substantially impair the vehicle’s use, value, or safety.
✔ Vehicles that experience defects within the first 12 months or 12,000 miles (whichever comes first).
Does Pennsylvania’s Lemon Law Cover Used Cars?
No. Pennsylvania’s Lemon Law does not apply to used cars, even if they have major defects. The law only covers new vehicles that are within the 12-month or 12,000-mile coverage period and still under the manufacturer’s original warranty.
However, if a used vehicle is still covered by the original factory warranty, the manufacturer’s warranty may provide some protection. Consumers purchasing used vehicles must rely on other legal protections, which we will discuss below.
How Pennsylvania’s Lemon Law Works
If a new car has a serious defect that cannot be repaired, Pennsylvania’s Lemon Law requires the manufacturer to:
1️⃣ Attempt Repairs: The manufacturer or dealer must make a reasonable number of repair attempts to fix the issue.
2️⃣ Replacement or Refund: If the defect is not fixed after three repair attempts or if the car is out of service for 30 or more days, the consumer is entitled to a refund or replacement vehicle.
3️⃣ Arbitration & Legal Action: If the manufacturer refuses to comply, the consumer can file a lemon law claim or take the case to court.
Key Note: If you believe your vehicle qualifies under Pennsylvania’s Lemon Law, you must document all repair attempts and contact the manufacturer in writing before taking legal action.
Legal Protections for Used Car Buyers in Pennsylvania
Since Pennsylvania’s Lemon Law does not apply to used cars, consumers purchasing used vehicles must rely on other state and federal laws to protect their rights.
1. Pennsylvania’s Unfair Trade Practices and Consumer Protection Law (UTPCPL)
The Pennsylvania Unfair Trade Practices and Consumer Protection Law (UTPCPL) protects buyers from fraudulent and deceptive business practices.
Under the UTPCPL, a car dealer cannot:
🚫 Misrepresent a vehicle’s condition, history, or mileage.
🚫 Sell a vehicle with hidden defects or falsify accident history.
🚫 Engage in odometer fraud (rolling back mileage).
🚫 Advertise a car as certified when it has significant defects.
If a dealer engages in fraudulent sales practices, the buyer can file a lawsuit for damages, including:
✔ A refund or replacement vehicle.
✔ Repair costs.
✔ Additional compensation if the dealer acted knowingly or intentionally.
Consumers can also file complaints with the Pennsylvania Attorney General’s Bureau of Consumer Protection.
2. Pennsylvania’s Implied Warranties for Used Cars
Even if a used car is not covered under Pennsylvania’s Lemon Law, certain warranties may still apply:
A. Implied Warranty of Merchantability
A vehicle must be fit for ordinary driving purposes when sold.
If a car has major mechanical issues shortly after purchase, the dealer may be responsible for repairs.
B. Implied Warranty of Fitness for a Particular Purpose
If a dealer recommends a car for a specific use (e.g., long-distance driving) and the car cannot meet that purpose due to defects, the buyer may have a legal claim.
⚠ Important Note: If a car is sold “as is,” the buyer waives these implied warranties, meaning they have little legal recourse unless the dealer committed fraud.
3. Pennsylvania’s Used Car Lemon Law (The Used Car Warranty Law)
While Pennsylvania’s primary Lemon Law does not cover used cars, the state does have a Used Car Warranty Law (73 P.S. §2181 – §2192), which provides some protection.
🔹 Who is covered?
Consumers who purchase a used car from a dealership (not private sellers).
Vehicles that cost $3,000 or more and have fewer than 100,000 miles at the time of purchase.
🔹 What does it cover?
Used cars are covered by a limited warranty:
🚗 Cars with 24,000 to 100,000 miles: 30-day/1,000-mile warranty.
🚗 Cars with less than 24,000 miles: 90-day/3,000-mile warranty.
If a defect is discovered within the warranty period, the dealer must repair it at no cost to the buyer.
🔹 What if the dealer refuses to repair the car?
The consumer can cancel the contract and request a full refund if the dealer does not fix the defect after three repair attempts.
4. Federal Magnuson-Moss Warranty Act
The Magnuson-Moss Warranty Act is a federal law that protects consumers when they purchase a vehicle with a written warranty.
✔ If a used car comes with a dealer’s warranty or extended warranty, the dealer must honor it.
✔ If the dealer refuses to repair the vehicle as promised, the buyer may have grounds for a lawsuit.
What to Do If You Buy a Defective Used Car in Pennsylvania
If you purchase a used car in Pennsylvania and later discover major defects, here’s what you should do:
1️⃣ Check Your Warranty: If the car is covered by a manufacturer’s warranty, dealer warranty, or implied warranty, demand repairs.
2️⃣ File a Complaint with the Attorney General: Report fraudulent practices to the Pennsylvania Attorney General’s Bureau of Consumer Protection.
3️⃣ Take Legal Action: If the dealer refuses to honor a warranty or engaged in deceptive sales practices, you may be able to sue under the UTPCPL.
4️⃣ Consider Small Claims Court: If the damages are under $12,000, you can file a case in Pennsylvania Small Claims Court without hiring an attorney.
How to Avoid Buying a Used Car Lemon in Pennsylvania
✔ Buy from a reputable dealer – Research reviews and complaints with the Better Business Bureau (BBB).
✔ Get a vehicle history report – Use Carfax or AutoCheck to check for accidents and title issues.
✔ Inspect the car with a mechanic – Have a trusted mechanic conduct a pre-purchase inspection.
✔ Avoid “as-is” sales – A car sold “as is” has no warranty protections.
✔ Check for recalls – Use the National Highway Traffic Safety Administration (NHTSA) website.
Final Thoughts
Pennsylvania’s Lemon Law protects new car buyers, but it does not cover most used cars. However, used car buyers still have legal protections under state and federal consumer protection laws. If you unknowingly purchase a defective vehicle, legal options exist to hold the seller accountable. Always do thorough research before buying a used car to protect yourself from fraud or misrepresentation.
