Note Pennsylvania's Lemon Law was amended and now includes leased
vehicles (SB-286 effective February, 2002) and increased requirements of
dealers to notify consumers that a vehicle is a
"lemon buyback" (HB-767 effective December 2, 2002.).
§ 1951. Short title.
This act shall be known and may be cited as the Automobile Lemon Law.
§ 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:
"Dealer" or "motor
vehicle dealer."
A person in the business of buying, selling or exchanging vehicles.
"Manufacturer."
Any person engaged in the business of constructing or assembling new and
unused motor vehicles or engaged in the business of importing new and
unused motor vehicles into the United States for the purpose of selling or
distributing new and unused motor vehicles to motor vehicle dealers in
this Commonwealth.
"Manufacturer's express warranty" or
"warranty."
The written warranty of the manufacturer of a new automobile of its
condition and fitness for use, including any terms or conditions precedent
to the enforcement of obligations under the warranty.
"New motor vehicle."
Any new and unused self-propelled, motorized conveyance driven upon public
roads, streets or highways which is designed to transport not more than 15
persons, which was purchased and is registered in the Commonwealth and is
used or bought for use primarily for personal, family or household
purposes, including a vehicle used by a manufacturer or dealer as a
demonstrator or dealer car prior to its sale. The term does not include
motorcycles, motor homes or off-road vehicles.
"Nonconformity."
A defect or condition which substantially impairs the use, value or safety
of a new motor vehicle and does not conform to the manufacturers express
warranty.
"Purchaser."
A person, or his successors or assigns, who has obtained ownership of a
new motor vehicle by transfer or purchase or who has entered into an
agreement or contract for the purchase of a new motor vehicle which is
used or bought for use primarily for personal, family or household
purposes.
§ 1953.
Disclosure.
The Attorney General shall prepare and publish in the Pennsylvania
Bulletin a statement which explains a purchaser's rights under this law.
Manufacturers shall provide to each purchaser at the time of original
purchase of a new motor vehicle a written statement containing a copy of
the Attorney GeneralÍs statement and a listing of zone offices, with
addresses and phone numbers, which can be contacted by the purchaser for
the purpose of securing the remedies provided for in this act.
§ 1954.
Repair obligations.
(a) Repairs required.-The manufacturer of a
new motor vehicle sold 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.
(b) Delivery of vehicle.-It shall be the duty
of the purchaser to deliver the nonconforming vehicle to the
manufacturer's authorized service and repair facility within the
Commonwealth, unless, due to reasons of size and weight or method of
attachment or method of installation or nature of the nonconformity, such
delivery cannot reasonably be accomplished. Should the purchaser be unable
to effect return of the nonconforming vehicle, he shall notify the
manufacturer or its authorized service and repair facility. Written notice
of nonconformity to the manufacturer or its authorized service and repair
facility shall constitute return of the vehicle when [the] purchaser is
unable to return the vehicle due to the nonconformity. Upon receipt of
such notice of nonconformity, the manufacturer shall, at its option,
service or repair the vehicle at the location of nonconformity or pick up
the vehicle for service and repair or arrange for transporting the vehicle
to its authorized service and repair facility. All costs of transporting
the vehicle when [the] purchaser is unable to effect return, due to
nonconformity, shall be at the manufacturer's expense.
§ 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, including all collateral
charges, less a reasonable allowance for the purchaser's use of the
vehicle not exceeding the per mile driven or 10ä of the purchase 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.
§ 1956.
Presumption of a reasonable number of attempts.
It shall be presumed that a reasonable number of attempts have been
undertaken to repair or correct a nonconformity if:
1.the same nonconformity has been subject to
repair three times by the manufacturer, its agents or authorized dealers
and the nonconformity still exists; or
2.the vehicle is out-of-service by reason of
any nonconformity for a cumulative total of 30 or more calendar days.
§ 1957.
Itemized statement required.
The manufacturer or dealer shall provide to the purchaser each time the
purchaser's vehicle is returned from being serviced or repaired a fully
itemized statement indicating all work performed on said vehicle
including, but not limited to, parts and labor. It shall be the duty of a
dealer to notify the manufacturer of the existence of a nonconformity
within seven days of the delivery by a purchaser of a vehicle subject to a
nonconformity when it is delivered to the same dealer for the second time
for repair of the same nonconformity. The notification shall be by
certified mail, return receipt requested.
§ 1958. Civil
cause of action.
Any purchaser of a new motor vehicle who suffers any loss due to
nonconformity of such vehicle as a result of the manufacturer's failure to
comply with this act may bring a civil action in a court of common pleas
and, in addition to other relief, shall be entitled to recover reasonable
attorney's fees and all court costs.
§ 1959.
Informal dispute settlement procedure.
If the manufacturer has established an informal dispute settlement
procedure which complies with the provisions of 16 CFR Pt. 703, as from
time to time amended, the provisions of section 8 [73 P.S. § 1958] shall
not apply to any purchaser who has not first resorted to such procedure as
it relates to a remedy for defects or conditions affecting the substantial
use, value or safety of the vehicle. The informal dispute settlement
procedure shall not be binding on the purchaser and, in lieu of such
settlement, the purchaser may pursue a remedy under section 8 [73 P.S. §
1958.
§ 1960. Resale
of returned motor vehicle.
(a) Vehicles may not be resold.-If a motor
vehicle has been returned under the provisions of this act or a similar
statute of another state, it may not be resold in this State unless:
1.The manufacturer provides the same express
warranty it provided to the original purchaser, except that the term of
the warranty need only last for 12,000 miles or 12 months after the date
of resale, whichever is earlier.
2.The manufacturer provides the consumer with
a written statement on a separate piece of paper, in ten point all capital
type, in substantially the following form:
"IMPORTANT: THIS VEHICLE WAS RETURNED TO THE MANUFACTURER BECAUSE IT DID
NOT CONFORM TO THE MANUFACTURER'S EXPRESS WARRANTY AND THE NON-CONFORMITY
WAS NOT CURED WITHIN A REASONABLE TIME AS PROVIDED BY PENNSYLVANIA LAW."
The provisions of this section apply to the resold motor vehicle for the
full term of the warranty required under this subsection.
(B) Returned vehicles not to be
resold.-Notwithstanding the provisions of subsection (a), if a new motor
vehicle has been returned under the provisions of this act or a similar
statute of another state because of a nonconformity resulting in a
complete failure of the braking or steering system of the motor vehicle
likely to cause death or serious bodily injury if the vehicle was driven,
the motor vehicle may not be resold in this Commonwealth.
§ 1961.
Application of unfair trade act.
A violation of this act shall also be a violation of the act of December
17, 1968 (P.L. 1224, No. 387), known as the Unfair Trade Practices and
Consumer Protection Law.
§ 1962. Rights
preserved.
Nothing in this act shall limit the purchaser from pursuing any other
rights or remedies under any other law, contract or warranty.
§ 1963.
Nonwaiver of act.
The provisions of this act shall not be waived.
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