IHateThisLemon.com Blog

What does it take to have my vehicle classified as a Lemon in Pennsylvania? That is a common question that I get at my law firm from those who have purchased defective motor vehicles.

In Pennsylvania, a vehicle is a Lemon if it exhibits “a defect or non-conformity that substantially impairs the use, value or safety of the vehicle.” Typically, the defects that meet this requirement involve the engine, electrical system, transmission, suspension, brakes or the steering. Other types of defects, such as leaks, noises and heating or cooling issues may be considered substantial as well. Please know that this list is not exclusive, but rather a general list of the common problems that we encounter.  These issues are looked at on a case by case basis, but if your vehicle has exhibited problems or defects the same or similar to those mentioned, you may be driving a lemon.

It is important to know that if your vehicle has suffered one of the above listed defects (other types of defects may suffice as well) the manufacturer must be given reasonable opportunities to repair or correct the problems. In Pennsylvania, three (3) is considered a reasonable number, except under special circumstances. Those special circumstances arise where the problem incurred is likely to lead to severe personal injury or death as a result of the defect. As of the date of the writing of this article, there have been no authoritative Pennsylvania cases dealing with such an issue.

Another circumstance that removes the three (3) repair attempts rule is if the vehicle is out of service for 30 or more days as a result of the defect. In that instance, only one repair attempt would be required.  (The 30 days does not have to occur all at once. Two (2)repairs that are 15 days each, three (3) repairs of 10 days each, etc… will also meet the criteria under the PA Lemon Law.

If the manufacturer fails to repair or correct the defect within three opportunities, or one of the special circumstances applies, the vehicle may be considered a lemon.  In that instance, you are eligible for a full refund of the purchase price, a replacement vehicle or cash compensation, in addition to free legal assistance.