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Pennsylvania Lemon Law
Pennsylvania
Statutes Annotated, Title 73, §§ 1951-1963
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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