Lemon Car Buyback & Refund Calculator

While the PA Lemon Law is fairly comprehensive, it does not cover every conceivable problem that you might encounter with your vehicle. All the following are generally off the table when it comes to Pennsylvania’s Lemon Law:

• Any problems with the vehicle that can be attributed to negligence on the part of the vehicle’s owner
• Any problems with the vehicle that were caused by work performed on it by anyone other than its manufacturer, an authorized dealer, or another authorized service provider
• Any defects or problems associated with the vehicle that do not significantly affect its safety, value, or overall use
• And defects associated with the vehicle that were caused by vandalism, an accident, or an act of God

In order to trigger legal protections under the Pennsylvania Automobile Lemon Law, the first repair your vehicle requires must happen within the first 12 months of owning the new vehicle or within the first 12,000 miles of driving it. At this point, if your vehicle requires two or more repairs related to the same defect or problem without a reasonable solution, you can proceed with a Lemon Law claim. Additionally, if your vehicle requires more than a total of 30 days in the shop during its first year, the Lemon Law applies. While there is no statute of limitations (or time limit for filing a lawsuit) addressed in the state’s Lemon Law, you generally have four years from the date of the third related repair in question to do so. You are well-advised, however, to address the matter sooner rather than later.

Pennsylvania’s Lemon Law does not cover used cars, but the federal Magnuson Moss Warranty Act applies. This act protects buyers who purchase anything with a price tag of more than $25 that comes with an express written warranty, and that does not perform as it should. In relation to used cars that are deemed lemons, the warrantor is required to offer the purchaser either a reasonable replacement or a refund.

If the car manufacturer in question is willing to negotiate in good faith, the entire settlement process can take as few as thirty days. Because every claim is unique and car manufacturers are in the business of generating large profits – and, therefore, are often willing to skirt the applicable laws – the process can take considerably longer. An experienced Pennsylvania Lemon Law attorney can help to ensure that your claim proceeds as efficiently as possible.

For the PA Lemon Law to apply to your new vehicle, the initial repair associated must have occurred within the first twelve months – or first 12,000 miles – of ownership. If the same defect or problem requires two more visits to the shop with no reasonable resolution of the underlying problem, the Pennsylvania Lemon Law applies. Because you typically have four years from the date of the third unsuccessful repair to file a Lemon Law lawsuit, your car may no longer be new by the time you bring your claim. It’s important to note, however, that – as soon as you recognize that your car may be a lemon – it’s time to take action. If you bought the car used, however, federal warranty laws may apply.

No, you are not required to make your Lemon Law claim in the first 12 months or 12,000 miles of owning the vehicle. In order for the Lemon Law to apply to your vehicle, the initial defect or problem that caused your vehicle to need repair must have occurred within this time frame, and there must have been at least two subsequently unsuccessful repairs required (based on the same issue). From this point (after the third repair), you generally have a total of four years to file a lawsuit against the manufacturer. If your car requires more than a total of 30 days in the shop in its first year, you can also seek relief under Pennsylvania’s Lemon Law, and you will typically have the same time constraint of four years.

To qualify as a lemon in the State of Pennsylvania, the precipitating problem must have occurred during the first 12 months (or 12,000 miles) that you owned the new vehicle. If your car’s problem or defect did not come to light until after this date, the state’s Lemon Law won’t apply, but if your vehicle is still under the manufacturer’s warranty, you may have a viable breach of warranty claim.

The vehicles we drive are complicated machines, and the car problem that bedevils you may not be consistent – or may come and go (which is not uncommon). If the dealership feeds you a line about your vehicle failing to act up in the manner you describe and that, as a result, they can’t help you, don’t buy what they are selling. The Pennsylvania Lemon Law recognizes your rights as a consumer and finds that it is not your responsibility to prove the problem or defect at hand. If you took your vehicle in for a repair related to a specific complaint, it qualifies as a repair attempt under the state’s Lemon Law.

If your car is deemed a lemon under the Lemon Law in Pennsylvania, you have two options (and the choice is yours – not the manufacturer’s).

Repurchase

You can choose to have the manufacturer repurchase the vehicle from you. This means that the manufacturer is required to pay you for the total amount you’ve paid for the vehicle to date, including:

• Any down payment you made
• Any net trade-in allowance you received
• All car payments you have already made – if you financed the purchase – including the manufacturer paying off any remaining balance on your car loan

There is also a usage offset that will be subtracted from the total amount, and that applies to the number of miles you put on the vehicle prior to originally reporting the defect in question to the manufacturer (related to the initial repair). Due to the law’s specific parameters, however, this 10-cent-a-mile charge cannot exceed $1,200.

Comparable Exchange

Your other option is requesting a comparable exchange for your vehicle, which amounts to the car manufacturer providing you with a new vehicle that is similarly equipped to the car that’s been deemed a lemon.

While there is no requirement that the manufacturer of your vehicle – which has been identified as a lemon – offers you the option of receiving a cash settlement and keeping the car in question, many are willing to negotiate such a resolution. Having an experienced Lemon Law attorney in your corner is the best way to determine and seek your best option.

If your vehicle’s defect or problem caused you to need more than the three attempts allowed by the Lemon Law to successfully repair it, the fact that your vehicle was ultimately repaired will have no bearing on your claim. The same is true if your vehicle spends more than 30 days (total) in the shop during its first year. The reasoning behind this is that the law requires manufacturers to resolve issues of this magnitude within a reasonable timeframe, and anything beyond these legal limitations is deemed unreasonable.

If your car purchase turns out to be a lemon – or you think it might be – the most important step that you can take is reaching out to a seasoned Pennsylvania Lemon Law attorney. A vehicle is a major purchase, and Lemon Law claims are complicated, which makes proceeding with professional legal counsel on your side very well advised. A skilled Lemon Law attorney will assertively advocate for your rights – in the focused pursuit of a claim resolution that works for you.

Exceptions to PA State Lemon Law and Breach of Warranty

A claim for lemon law must be filed within 4 years after the purchase or lease of the vehicle. There are exceptions to this rule that state that the 4 years starts when the consumer knew or should have known of the breach.

Commercial vehicles, motorcycles, motor homes and off-road vehicles are not included under lemon law, but may be covered under breach of warranty.

Extended warranties and service contracts are excluded from breach of warranty claims.  The issue must be covered under the original manufacturer’s warranty.