1951 Short title.
This act shall be
known and may be cited as the Automobile Lemon Law.
words and phrases when used in this act shall have the meanings
given to them in this section unless the context clearly
or "motor vehicle dealer."
A person in the
business of buying, selling or exchanging vehicles.
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.
express warranty" or "warranty."
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.
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
manufacturer's express warranty.
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.
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.
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
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 duty for refund or replacement.
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
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:
same nonconformity has been subject to repair three times by the
manufacturer, its agents or authorized dealers and the
nonconformity still exists; or
vehicle is out-of-service by reason of any nonconformity for a
cumulative total of 30 or more calendar days.
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.
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.
dispute settlement procedure.
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.
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:
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.
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:
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.
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
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.
Nothing in this
act shall limit the purchaser from pursuing any other rights or
remedies under any other law, contract or warranty.
The provisions of
this act shall not be waived.