What Is the Lemon Law in Pennsylvania for Used Cars

Pennsylvania's Automobile Lemon Law, enacted as Act No. 28 of 1984 and codified in 73 P.S. Chapter 28 (73 P.S. §§ 1951-1970.7), provides consumer remedies for defective new motor vehicles only. The statute restricts coverage to vehicles purchased or leased for personal, family, or household use and registered in Pennsylvania within the first 12 months or 12,000 miles of ownership, whichever occurs first. Used vehicles fall entirely outside the scope of Pennsylvania's lemon law framework, though consumers retain access to alternative protections through federal law and state-specific consumer safeguards addressing vehicle roadworthiness.

What Protections Do Used Car Buyers Have in Pennsylvania?

Although Pennsylvania's lemon law does not cover used vehicles, multiple protective mechanisms remain accessible through federal statutes and state-mandated consumer standards.

Magnuson-Moss Warranty Act

The Magnuson-Moss Warranty Act furnishes federal protection to buyers of used vehicles that include manufacturer or dealer warranties. This federal statute authorizes recovery of actual damages, court costs, and reasonable attorney fees for warranty breaches. A critical provision stipulates that when a dealer furnishes a service contract in conjunction with a used vehicle purchase, sellers cannot disclaim implied warranties even if sales contracts incorporate "as is" language.

FTC Used Car Rule Requirements

The Federal Trade Commission enforces the Used Car Rule, requiring dealers to display a Buyers Guide on every used vehicle listed for sale. This disclosure document must clearly communicate whether the vehicle is offered with or without warranty protections. The guide must itemize systems covered by warranty, specify coverage duration, and indicate the percentage of repair costs borne by the dealer versus the purchaser. Buyers must also receive guidance to obtain independent history reports and check for applicable manufacturer safety recalls.

Understanding "As Is" Sales in Pennsylvania

Pennsylvania law recognizes "as is" designations in used vehicle sales; however, this terminology does not absolve dealers of all legal obligations. Dealers cannot employ "as is" language to circumvent fundamental statutory requirements governing vehicle condition and roadworthiness. Pennsylvania maintains that every vehicle offered for retail sale must satisfy baseline mechanical and safety standards, rendering certain defects actionable irrespective of "as is" disclaimers.

What "As Is" Means for Buyers

An "as is" designation in a Pennsylvania used car transaction carries the following implications:

• The dealer disclaims responsibility for mechanical repairs or corrections following sale completion
• The buyer shoulders all financial obligation for component failures, system defects, and mechanical malfunctions discovered subsequent to purchase
• Warranty protections from the dealer are waived for conditions existing at the time of sale (absent federal law protections)
• Defects present upon delivery remain the consumer's financial responsibility absent demonstrable dealer fraud or concealment

Limited Dealer Disclosure Requirements

Notwithstanding the "as is" status, Pennsylvania dealers face binding disclosure obligations. Dealers cannot conceal known defects or material safety concerns from purchasers, regardless of "as is" language. The vehicle must remain roadworthy and capable of satisfying mandatory state safety and emissions inspection requirements. Dealers must supply truthful representations concerning the vehicle's condition, functional capability, and any history of damage or prior repairs. Concealment of significant mechanical defects or misrepresentation of the vehicle's capacity to operate safely on public roadways violates state consumer protection standards.

Limited Exceptions to "As Is" Sales

Pennsylvania law permits legal recourse despite "as is" designations when dealers commit prohibited acts:

• The dealer provides false or misleading statements regarding the vehicle's mechanical condition, operational capability, or historical damage
• The dealer intentionally withholds disclosure of known defects or consciously conceals material problems with the vehicle
• The vehicle contains a major structural defect rendering it unsafe for public road operation or incapable of passing mandatory safety inspections
• The dealer misrepresents the vehicle's compliance with state safety and emissions standards
• Express warranty commitments or specific written promises made during negotiation are breached by the dealer

Filing a Consumer Complaint

Pennsylvania Office of Attorney General
Bureau of Consumer Protection
15th Floor, Strawberry Square, Harrisburg, PA 17120
Phone: (717) 787-3391
Toll-free: (800) 441-2555
Official Website: Bureau of Consumer Protection