Dealing With a Lemon Vehicle in Pennsylvania
My new car keeps breaking down — here's what Pennsylvania law says and what to do next.
Statute: 73 Pa. Stat. §§ 1951-1963 (Pennsylvania Automobile Lemon Law), § 1954 (3 repair attempts OR 30 cumulative days out of service within the first 12 months, 12,000 miles, or warranty period, whichever comes first), § 1955 (refund formula — purchase price plus collateral charges less a 'reasonable allowance for use', capped at 10¢ PER MILE driven before the first repair attempt OR 10% of the purchase price, WHICHEVER IS LESS), § 1958 (MANDATORY attorney fees and costs to prevailing consumer), § 1959 (unfair trade practice linkage to Pennsylvania Unfair Trade Practices and Consumer Protection Law — 73 P.S. § 201-1 et seq. — enabling treble damages)
Deadline: 30 days
Penalty: Under 73 Pa. Stat. § 1958, attorney fees and costs are MANDATORY for the prevailing consumer. The § 1955 use-allowance offset is capped at the LESSER of 10¢ per mile driven before the first repair attempt OR 10% of the purchase price — this is a critical cap that is commonly miscited as a flat 10¢/mile; always apply the whichever-is-less test. Under § 1959, a violation of the Lemon Law is also a deceptive practice under Pennsylvania's UTPCPL (73 P.S. § 201-1 et seq.), allowing the consumer to seek treble damages under 73 P.S. § 201-9.2(a) for manufacturer bad faith
What is dealing with a lemon vehicle?
Lemon laws exist because, before the late 1970s, buying a new car with a defect that nobody could fix meant you were just stuck with it. California passed the first modern lemon law — the Song-Beverly Consumer Warranty Act — in 1970 and tightened it with the Tanner Consumer Protection Act in 1982. Every other state followed by the early 1990s. The basic deal: if a new vehicle has a substantial defect that the manufacturer can't fix after a reasonable number of attempts, they have to replace it or refund you.
Every state has its own version, with different cutoffs for what qualifies, how many repair attempts you need, and which vehicles are covered. The federal Magnuson-Moss Warranty Act (1975) sits behind all of them as a backup — if a manufacturer doesn't honor a written warranty, you can sue under federal law and recover attorney's fees if you win, which is why most lemon-law lawyers will take your case on contingency.
What to Do If You Bought a Lemon
Step 1: Document every visit. Repair orders, receipts, written complaints, and email threads. Date, mileage, what you reported, what they did, what they didn't. The case turns on the paper trail.
Step 2: Send written notice. A formal demand letter to the manufacturer (not just the dealer) by certified mail, return receipt. Most states require this before you can file. The letter triggers a final repair opportunity, usually 10–30 days.
Step 3: Check whether arbitration is required. Many manufacturers — and some state laws — make you go through a manufacturer-sponsored arbitration program (BBB Auto Line is the biggest) before suing. It's usually free and resolves in 40–60 days.
Step 4: Sue if arbitration fails. Under both state lemon laws and the federal Magnuson-Moss Act, the manufacturer pays your attorney's fees if you win — which is why most lemon lawyers work on contingency. You bring zero money to the table.
Step 5: Pick your remedy. Replacement vehicle of comparable value, or a full refund minus a reasonable usage allowance (typically calculated as miles driven before the first defect, divided by 120,000, times the purchase price).
How Pennsylvania differs from federal law
Pennsylvania has a specific Automobile Lemon Law with manufacturer arbitration:
- PA Automobile Lemon Law (73 P.S. § 1951 et seq.): Covers new vehicles that develop defects within the first 12 months or 12,000 miles (whichever comes first). If the manufacturer cannot fix the defect after 3 repair attempts or the vehicle is out of service for 30 or more business days, the consumer is entitled to a replacement or refund.
- Manufacturer arbitration: Pennsylvania requires consumers to use the manufacturer's certified arbitration program (if one exists) before filing a lawsuit. The arbitration decision is binding on the manufacturer but not on the consumer.
- Used car coverage: Pennsylvania's lemon law coverage for used vehicles is limited. Used cars are primarily covered by the Unfair Trade Practices and Consumer Protection Law (73 P.S. § 201-1) for misrepresentation or fraud.
- Attorney fees for bad faith: If a manufacturer acts in bad faith in refusing to comply with the lemon law, the court may award treble damages and attorney fees to the consumer.
Additional steps in Pennsylvania
Document all repair attempts with dates and descriptions. Notify the manufacturer in writing of the defect. Use the manufacturer's arbitration program if required. File complaints with the PA Attorney General's Bureau of Consumer Protection at (800) 441-2555. Consult a lemon law attorney if arbitration is unsuccessful.
What you should NOT do
Don't stop taking it in. You need a documented pattern. Skipping appointments out of frustration kills the case.
Don't get warranty repairs done at an independent mechanic. Only authorized dealer or manufacturer service counts toward your lemon-law clock.
Don't sign a quick settlement without checking the math. Manufacturers regularly offer 50–60% of what a court or arbitrator would award. Get the figure pressure-tested by a lemon-law attorney before you sign anything that includes a release.
Don't trade in or sell the car before filing. Once you no longer own it, your lemon-law rights generally die with the title transfer. File first, then dispose.
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Generate your lemon law →This page is general legal information for Pennsylvania, not legal advice for your specific situation. Laws change, and how a statute applies depends on facts we don't know. For advice on your matter, consult a licensed attorney in Pennsylvania.