Lemon Law Lawyer Serving All Pennsylvania Counties

Do I have a Lemon?

  • Purchased or leased new and registered in PA.
  • 3+ repair visits without getting resolved.

  • Subject to repair at least 1 time within 12 thousand miles or 1 year.

Driving a Lemon Car in Pennsylvania? You have legal rights under the PA Lemon Law which may permit you to obtain one of the following: a new car, a full refund, or a partial refund for your defective car at no cost to you.

The PA Lemon Law is a generic term for laws that protect consumers from defective vehicles. In the state of Pennsylvania, the Automobile Lemon Law applies to any new vehicle that is both purchased and legally registered in the state of Pennsylvania for personal/family use.

Lemon Law Lawyer Serving All Pennsylvania Counties

Do I have a Lemon?

  • Purchased or leased new and registered in PA.
  • 3+ repair visits without getting resolved.

  • Subject to repair at least 1 time within 12 thousand miles or 1 year.

What to do if I have a Lemon

  1. Ideally, your automobile dealer should work with you to resolve the problem. It is in their best interest to take care of the problem to increase the likelihood of future car sales.
  2. In the event you can’t resolve the problem with the dealer, you can contact a PA Lemon Law Lawyer.

Let The PA Lemon Law Attorney, David J. Gorberg & Associates, Help You

Lemon Law Attorney
  1. Tell Us About Your Lemon
    Fill out our form or call us at 1-800-MY-LEMON
  2. We Evaluate Your Case at NO Cost
    We contact the Manufacturer and negotiate settlement
  3. Compensation For Your Automobile
    You receive compensation and the manufacturer pays our fees

Begin Here or Call 1-800-MY-LEMON


    PA Lemon Law Guide

    The Pennsylvania lemon law covers any consumer who buys, or leases, and registers a new motor vehicle in the state.

    Under the Pennsylvania Lemon Law your car may be declared a lemon if it meets all the following conditions:

    • It has a nonconformity (a defect, or condition) the nonconformity is covered by the manufacturer’s express warranty
    • The nonconformity SUBSTANTIALLY impairs the use, market value, or safety of the car
    • The nonconformity is not the result of an accident, abuse, neglect, or alteration of the car by persons other than the manufacturer or its authorized dealer
    • You reported the nonconformity at least once to the manufacturer’s authorized dealer during the Pennsylvania Lemon Law Rights Period of 1 year or 12,000 miles whichever comes first.
    • You gave the manufacturer or its authorized dealer three opportunities to repair the nonconformity.

    Pennsylvania Lemon Law FAQ

    The Pennsylvania Lemon Law was enacted for the express purpose of protecting consumers from buying or leasing new, but faulty, motor vehicles. The law seeks to make sure that the manufacturer of the vehicle fixes any problems or defects that were originally covered under the manufacturer’s warranty and were reported by the owner within one year or 12,000 miles, whichever comes first.

    You probably should avoid aggravating yourself further and wasting time.

    First, there is a reason that all 50 states have some form of a Lemon Law. Laws are passed to remedy problems which have become widespread. However, the mere fact that there is a lemon law does not mean that you will be treated differently if you represent yourself. It still costs a manufacturer less to drag it out with an unrepresented consumer and hope you will either go away or take little or nothing, than it would cost them to buy back everyone’s vehicle who made a complaint.

    Second, if you fail, you will have wasted precious time if you then have to hire an attorney.

    Third, the right law firm does NOT charge YOU an hourly attorney’s fee! By being represented by the right law firm you lend legitimacy to your case. If you select a law office that limits their practice to consumer law, the manufacturer will most likely already know your law firm. If your law firm has successfully handled multiple lemon law claims, the manufacturer will know that you have someone on your side who knows what they are doing. Furthermore, if the manufacturer knows that if you do not get what you want, you have the ability and the will to file a lawsuit, you will be treated with more respect. This is because it costs the manufacturer money just to defend a lawsuit (starting from the moment you file the complaint) as they have to send it to a qualified local law firm to defend it.

    As an PA resident, you have legal rights which may permit you to obtain one of the following: a new car, a full refund, or a partial refund for your defective car at no cost to you.

    If the manufacturer does not accept your Lemon Law claim, we will file suit seeking compensation for you. If you win, the manufacturer must pay costs, reasonable attorney’s fees and expert witness fees.

    There is zero cost for us to evaluate your situation. Contact us today for your free consultation.

    The Pennsylvania Lemon Law only covers defects or conditions that substantially affect the safety, value, or use of the vehicle. However, what constitutes “substantial” is for an arbitrator, judge, or jury to decide. To have a viable case, it is necessary to prove that the use, value or safety of your vehicle has been substantially affected.

    The PA Lemon Law only covers specific problems under specific conditions. The following are not covered by the Pennsylvania’s lemon law…

    • Problems or defects that do not significantly impair the vehicle’s use, value, or safety.
    • Any problem that is attributable to the vehicle owner’s own negligence.
    • Defects that are caused by an accident, vandalism, or acts of god.
    • Problems that arise from work being done by someone other than the manufacturer, an authorized dealer, etc.

    Yes, the Pennsylvania Lemon Law provides full protection for leased cars.  Under the PA Lemon Law, consumers of leased cars now have the same lemon law rights as consumers of purchased cars, and may seek a full refund or new car replacement under the law.

    The PA Lemon Law was changed in February 11, 2002 to cover leased cars. Prior to this date there was no coverage for consumers who leased a defective vehicle. The change to the Pennsylvania Lemon Law is important since leasing now includes a substantial number of all new car sales.  The change to the PA Lemon Law also reflects the increase of leased cars from 1984, when only a small number of car purchases were leased.

    For further information regarding the inclusion of leased vehicles under the Pennsylvania lemon law please click here.

    Along with the inclusion of leased cars under the PA Lemon Law, the Pennsylvania Lemon Law, effective December 1, 2002, also requires all Pennsylvania dealers to disclose if a used car had been repurchased as a lemon buyback.

    Review the changes to the PA Lemon Law.

    Yes, but under the revised Pennsylvania Lemon Law, effective February 11, 2002, the dealer or leasing company must have the consumer sign a written notice certifying that the consumer knows the vehicle was returned as a “lemon.” If the dealer or leasing company resells or transfers ownership of a returned “lemon,” the dealer or leasing company must notify the Division of Motor Vehicles so the vehicle’s title can be marked accordingly.

    Always report defects directly to the manufacturer or the dealer as soon as you discover them. One of the best favors you can do for yourself is to keep good records of your interaction with the dealership or manufacturer and keep all of your receipts. Always get a dated and detailed print out when you take the vehicle in to get it fixed. It should include any charges for parts and labor, a general description of the problem, the odometer reading at the time you brought the vehicle in for repair and also when you pick up the car, as well as a list of all work performed. It should also state the date the vehicle was brought in for repair and the date you picked up the car. Insist on receiving these statements (it’s your right under the law). Store them somewhere safe.

    Generally the answer is 3 attempts. If the manufacturer cannot remedy the defect after three attempts, then the car may be deemed a lemon. Another scenario for gaining remedy is if the vehicle is off the road for 30 or more days because of a defect that is attributable to the manufacturer.

    Must all 3 repair attempts occur within 12,000 miles or one year?

    The Pennsylvania Lemon Law only requires the consumer to report the defect at least once during the lemon law period of 12,000 miles or one year whichever comes first. The consumer does not have to bring the vehicle in for service 3 times during that period. Therefore, if your vehicle was brought in for service at least once during the lemon law period, and you continued to service your car for the same defect after the 12,000 mile or one year lemon law period, you may still have a valid claim under the lemon law. Review a copy of the Pennsylvania Lemon Law

    You may still be entitled to compensation. There are other laws which govern warranties which may be used to assist you, including Federal Warranty Act, also known as the Magnuson-Moss Warranty Act and the Uniform Commercial Code. David J. Gorberg & Associates currently represents a great number of individuals whose vehicles did not start having problems during the lemon law year/mileage limitation.

    If you qualify under the Pennsylvania Lemon Law, you have several important rights:

    • The right to have the manufacturer replace your vehicle with a similar new vehicle.
    • The right to compel the dealer or manufacturer to repurchase your vehicle at the original price of the vehicle, including any finance charges, registration fees and taxes on the vehicle, minus an allowance for the use of the car. (The allowance for the use of the vehicle is either 10% of the purchase price of the vehicle or ten cents per mile of the vehicle up to the first problem, whichever is less.)

    Potential Outcomes for You Through Pennsylvania Lemon Law

    Refund For Your Lemon Vehicle

    In the case of a vehicle refund, the refund is calculated by taking the full purchase price of the vehicle, and then subtracting a “reasonable allowance for vehicle use.”

    In addition, the refund can include the money you spent for:

    • Sales tax, license and registration fees, finance charges, and any additional costs such as these
    • Options or modifications added by the manufacturer or its authorized dealer within 30 days after delivery date
    • Trade-in value
    • Attorney fees
    • Expert witnesses
    • The filing fee for the lemon law

    By “reasonable allowance for vehicle use,” this means the odometer reading when first brought to the dealer or manufacturer for repair of the defect times ten cents a mile.

    Let’s say your first serviced your car for a defective transmission at 8000 miles

    8000 miles x 0.10 (10 cents) = 800.00

    The reasonable allowance for vehicle use here would be $800.00

    Replacement For Your Lemon Vehicle

    The manufacturer can offer to replace the vehicle, although you do not have to accept their offer (opting instead for a refund). However, if the manufacturer refuses to refund your money, you can take them to court. If you do accept a replacement vehicle, and the original vehicle was financed, the manufacturer must make sure the financing is transferred from the original vehicle to the replacement vehicle. It is your responsibility to have the title and registration transferred to your new vehicle.

    Cash Settlement and You Keep Car

    You may be entitled to cash compensation for its diminished value if the problems with your vehicle do not qualify it as a “lemon”.  In some cases, a vehicle may not qualify as a “lemon” under the PA Lemon Law.  In these situations, the manufacturer will often pay the consumer a “cash and keep” settlement.

    A “cash and keep” settlement allows you to keep possession of your car and receive money from the auto manufacturer based on its diminished value. The warranty remains valid and you can continue to service the vehicle in accordance with the warranty terms.

    Pennsylvania Lemon Law Statute

    Title 73, Chapter 28

    Trade And Commerce

    Automobile Lemon Law


    Here is a copy of the Pennsylvania Lemon Law. We have also written a summary of the Pennsylvania Lemon Law and it’s requirements. To review a summary of the Pennsylvania Lemon Law click here. View the actual Pennsylvania Lemon Law bill covering new and leased PA lemon cars.

    This act shall be known and may be cited as the Pennsylvania Lemon Law.

    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 or purchased or leased elsewhere and registered for the first time 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.

    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.

    1. 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.
    2. 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.

    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.

    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.

    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.

    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.

    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.

    1. 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.”
    2. The provisions of this section apply to the resold motor vehicle for the full term of the warranty required under this subsection.
    3. 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.

    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.

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    Efficient with my case!!! David, Maria & staff did a great job with settling my Lemon Law with Mercedes. Highly recommend David Gorberg as your Attorney for a lemon case!
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    15:37 03 Dec 25
    I had an amazing experience with this law firm during a very strenuous time. They were prompt to answer my questions and I felt like I was treated so nice. Laura Wolfe went above and beyond to help me, especially when I was frustrated! Would definitely recommend this law firm to represent your needs!
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    Talk to an experienced Lemon Law Lawyer in Pennsylvania and Get a Free Case Evaluation

    To learn more about the Pennsylvania Lemon Law, call our Pennsylvania Lemon Law office at 1-800-MY-LEMON (1-800-695-3666) or email a PA Lemon Law Attorney.