This act shall be known and may be cited as the Automobile Lemon
§ 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
"Dealer" or "motor vehicle dealer."
A person in the business of buying, selling or exchanging vehicles.
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.
A defect or condition which substantially impairs the use, value
or safety of a new motor vehicle and does not conform to the manufacturerÍs
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
§ 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.