Lemon Law PA: Pennsylvania Lemon Law for New and Used Cars (2026)
Short answer
Yes, for new vehicles. The Pennsylvania Automobile Lemon Law (73 P.S. 1951 et seq.) covers a new car with a defect that substantially impairs its use, value or safety and that the maker cannot fix. Most used cars are not covered, though warranty and consumer protection laws can still help.
Last verified: October 31, 2026 against the Automobile Lemon Law (Act 28 of 1984, 73 P.S. 1951 et seq.) on the Pennsylvania General Assembly website
Is there a lemon law in Pennsylvania? Yes, and it is the first thing to check if your new car keeps going back to the shop. The lemon law PA drivers rely on gives you a refund or a replacement vehicle when the manufacturer cannot fix a serious defect after a reasonable number of tries.
This page covers which vehicles qualify, the time and repair limits, what a refund includes, how used cars fit in, and what to do first. It reflects the law as of the date above.
Key facts
- The law covers new, unused vehicles bought or leased and registered in Pennsylvania, mainly for personal, family or household use.
- Defects must show up within one year of delivery, the first 12,000 miles or the warranty term, whichever comes first.
- Three repair attempts for the same defect, or 30 or more days out of service, create a presumption that the manufacturer had a reasonable chance to fix it.
- The remedy is a replacement vehicle or a refund of the full price, minus a small allowance for your use.
- You can sue in a court of common pleas, and a winning buyer can recover attorney fees and court costs.
- Used cars are generally outside the law, but other protections are covered below.
What is the lemon law in PA?
It is a state law, Act 28 of 1984, that makes the manufacturer repair covered defects in new vehicles. If repeated repairs fail, the manufacturer must replace the vehicle or refund the price. The Pennsylvania Attorney General’s Bureau of Consumer Protection handles consumer complaints about auto sales and warranties.
The law applies to the manufacturer, not just the dealer. Under 73 P.S. 1953, manufacturers must give buyers a written statement of their rights when the vehicle is delivered, so check your paperwork for it.
Which vehicles does the Pennsylvania lemon law cover?
Only new and unused vehicles that carry no more than 15 passengers, are registered in Pennsylvania and are used mainly for personal, family or household purposes. Leased vehicles count, because the law treats a lessee as a purchaser.
| Vehicle | Covered? | Why |
|---|---|---|
| New car, SUV, pickup or minivan for personal use | Yes | New, unused and designed for 15 or fewer people |
| New leased vehicle | Yes | A lessee counts as a purchaser under 73 P.S. 1952 |
| New motorcycle | Yes | The definition includes motorcycles, with a one-year or warranty-term limit and no mileage cap |
| Motor home or off-road vehicle | No | Specifically excluded |
| Used car | Usually no | The law covers “new and unused” vehicles |
| Vehicle bought only for business use | Usually no | The law requires mainly personal, family or household use |
How long do you have? The 12-month, 12,000-mile window
A defect must appear within one year of delivery, within the first 12,000 miles or during the warranty term, whichever happens first (73 P.S. 1954). The clock starts on the day you take delivery, not the day you sign.
Report the problem to the dealer or manufacturer in writing as soon as it appears, and keep every repair order. Those papers are your proof of when the defect started and how many times it was repaired.
When is a car a lemon? Three repairs or 30 days
The law presumes the manufacturer had a reasonable number of repair attempts in two situations (73 P.S. 1956):
- The same defect has been repaired three times and still exists, or
- The vehicle has been out of service because of any defect for a total of 30 or more calendar days.
The defect must substantially impair the use, value or safety of the vehicle. A rattle or a small cosmetic flaw does not qualify. A transmission that slips, brakes that fail or a stalling engine usually does.
Under 73 P.S. 1957, each time your car comes back from service you should receive an itemized statement of the work done. If you return the car a second time for the same defect, the dealer must notify the manufacturer.
What do you get? Refund or replacement
You choose between a comparable replacement vehicle and a refund (73 P.S. 1955). A refund covers the full purchase or lease price, including collateral charges such as taxes and fees, minus a reasonable allowance for your use. The manufacturer must pay within 30 days of your election.
The use allowance cannot exceed 10 cents per mile driven or 10 percent of the price, whichever is less. It counts only the miles driven before you first reported the defect to the manufacturer. Refunds are split between you and any lienholder.
You do not get a refund if the defect does not substantially impair the vehicle, or if abuse, neglect or modification caused it.
Does lemon law apply to used cars in PA?
Usually not. The statutory lemon law covers new vehicles, so a typical used-car purchase does not qualify. The law defines a covered vehicle as new and unused, though it also reaches a manufacturer’s or dealer’s demonstrator that was not yet sold. An ordinary used car will rarely fit.
A used car buyer is not without options:
- Pennsylvania’s version of the Uniform Commercial Code implies a warranty of merchantability in a dealer sale unless the dealer properly disclaims it (
13 Pa.C.S. 2314and13 Pa.C.S. 2316). - The federal Used Car Rule requires dealers to post a Buyers Guide on each used car that says whether it is sold “as is” or with a warranty.
- A dealer who lies about a car’s history or condition may violate the Unfair Trade Practices and Consumer Protection Law (
73 P.S. 201-1 et seq.). - If a written warranty or service contract applies, you may also have federal Magnuson-Moss Warranty Act rights.
Read the Buyers Guide before you sign. A car sold “as is” with no warranty gives you little to fall back on after the sale unless the seller committed fraud.
Bucks County used car rules
Bucks County adopted a county ordinance in 2022 that sets minimum warranty rules for used cars sold by dealers in the county, with an effective date of January 1, 2023. According to the Bucks County Department of Consumer Protection, it covers dealer sales only, not private sales, and excludes cars sold for under $3,000, older than seven model years or with more than 100,000 miles.
The county describes a dealer warranty of up to 90 days depending on mileage, and a refund when the same material defect is not fixed after three attempts or the car is out of service for 20 cumulative days. Contact the Bucks County Department of Consumer Protection to confirm how the ordinance applies to your purchase. Statewide, and in Philadelphia, Pittsburgh and other counties, the state law described above is the main lemon law.
Informal dispute programs and lawsuits
Some manufacturers run informal dispute programs that follow federal rules at 16 C.F.R. Part 703. If a manufacturer has one, you must use it before you can sue under 73 P.S. 1958, as 73 P.S. 1959 provides. The decision does not bind you, so you can still go to court if you disagree.
If the problem is not resolved, you may bring a civil action in a court of common pleas. A buyer who wins can recover reasonable attorney fees and court costs under 73 P.S. 1958. The statute does not set out its own deadline, so do not wait. Warranty claims under Pennsylvania’s commercial code generally have a four-year limit (13 Pa.C.S. 2725), and the safest course is to act while your warranty is active.
The law also cannot be waived, so a contract clause that says you give up your lemon law rights does not stand.
What happens to a returned lemon?
A vehicle bought back by a manufacturer cannot simply be resold without disclosure. 73 P.S. 1960 sets title branding and disclosure rules for repurchased vehicles and a civil penalty for violations, so later buyers know the car’s history.
Myths and facts about the lemon law PA buyers hear
| Myth | Fact |
|---|---|
| “Every bad car is a lemon.” | Only new vehicles with a substantial defect that the manufacturer cannot fix after a reasonable number of attempts qualify. |
| “The lemon law covers all used cars.” | The statute covers new vehicles. Used buyers rely on warranty, consumer protection and Buyers Guide rules. |
| “I have to prove three repair attempts exactly.” | Three attempts or 30 days out of service creates a presumption. Fewer attempts can still count if the defect is serious and the manufacturer could not fix it. |
| “The dealer is the only one responsible.” | The manufacturer owes the remedy under the Act. |
| “I can sign away my lemon law rights.” | The law says its provisions cannot be waived. |
A real-world example
Suppose a Pittsburgh driver buys a new SUV and, at 4,000 miles, the transmission starts slipping. The dealer repairs it three times over four months, and the problem returns each time. The driver can show three repairs for the same defect, which creates the presumption under 73 P.S. 1956. After written notice to the manufacturer, the driver asks for a refund. The manufacturer subtracts a use allowance based only on the miles driven before the first report, here capped at 10 cents a mile.
What to do if you think your car is a lemon
- Keep every repair order, invoice, email and your sales or lease contract.
- Report each defect to the dealer in writing and ask for an itemized repair statement.
- Write to the manufacturer with the vehicle identification number, the defect and the repair history, and ask for a refund or replacement.
- Use the manufacturer’s informal dispute program if it has one.
- File a consumer complaint with the Attorney General’s Bureau of Consumer Protection.
- Talk to a Pennsylvania-licensed consumer attorney before time or warranty coverage runs out.
Frequently asked questions
Does PA have a lemon law?
Yes. The Pennsylvania Automobile Lemon Law, Act 28 of 1984, is codified at 73 P.S. 1951 et seq. It covers new vehicles bought or leased and registered in Pennsylvania and used mainly for personal, family or household purposes. It gives you a refund or replacement when defects cannot be fixed.
What is the lemon law in PA for used cars?
The state lemon law covers new vehicles, so most used cars are not covered. You may still have rights under the implied warranty of merchantability, the Buyers Guide on the car, the Unfair Trade Practices and Consumer Protection Law and, in Bucks County, a county used car ordinance.
How many repairs make a car a lemon in Pennsylvania?
Three repair attempts for the same defect that still exists, or 30 or more calendar days out of service for any defects, create a presumption that the manufacturer had a reasonable chance to fix the car. The defect must also substantially impair use, value or safety.
How long do I have to use the lemon law?
The defect must occur within one year of delivery, the first 12,000 miles or the warranty term, whichever comes first. The act sets no separate filing deadline, so act early and keep records. Contract warranty claims generally carry a four-year limit.
How does the lemon law work in PA if I lease?
A lessee counts as a purchaser. You can ask for a replacement or a refund of the lease price, including collateral charges, minus a reasonable use allowance. Payment goes to you and the lessor or lienholder as their interests appear.
Can I get my money back or a new car?
You choose. The manufacturer must provide a comparable replacement vehicle or refund the full price with collateral charges, minus a use allowance of up to 10 cents per mile or 10 percent of the price, whichever is less. Payment is due within 30 days of your election.
Do I need a lawyer for a lemon law claim?
You can start without one by writing to the manufacturer and using its dispute program. If you sue and win, the manufacturer pays reasonable attorney fees and court costs, so many consumers hire a Pennsylvania-licensed attorney for the court stage.
What changed on this page
- October 31, 2026: First published. Verified against the text of Act 28 of 1984 on the Pennsylvania General Assembly website.
See our editorial policy for how we check facts, and our corrections page to report an error. More topics are in Driving & Vehicles.
If this affects you
Start with the Pennsylvania Attorney General’s Bureau of Consumer Protection, which accepts complaints about new and used car sales and warranty problems. In Bucks County, you can also contact the Bucks County Department of Consumer Protection about used car dealer sales.
For legal advice, contact a Pennsylvania-licensed consumer protection attorney through your county bar association lawyer referral service. If you cannot afford a lawyer, PALawHELP.org connects eligible people with free legal aid.
