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Pennsylvania Lemon Law
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actual Pennsylvania Lemon Law statute. We can begin representing
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Sohmer & Stark,
LLC.
Amir Stark,
Esq.
2766 Fischer Rd.
Hatfield, PA 19440
1(877) 50-LEMON
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Pennsylvania Lemon Law
Title
73, Chapter 28
Trade
And Commerce
Automobile Lemon Law
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
manufacturer's 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
General's 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 10% of the
purchase price of the vehicle whichever is less. Refunds shall
be made to the purchaser and lien holder, 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 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.
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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