PRIOR PRINTER'S NOS. 1710, 1882              PRINTER'S NO. 1971

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1405 Session of 1983


        INTRODUCED BY LAUGHLIN, KUKOVICH, MANDERINO, F. E. TAYLOR,
           BURNS, GEORGE, STUBAN, WAMBACH, DOMBROWSKI, FEE, MISCEVICH,
           PRATT, ALDERETTE, FREEMAN, STEIGHNER, JAROLIN, McHALE,
           AFFLERBACH, WOZNIAK, VAN HORNE, DeLUCA, DURHAM AND BROUJOS,
           SEPTEMBER 19, 1983

        AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
           OCTOBER 17, 1983

                                     AN ACT

     1  Relating to the rights of purchasers of defective new motor
     2     vehicles.

     3     The General Assembly of the Commonwealth of Pennsylvania
     4  hereby enacts as follows:
     5  Section 1.  Short title.
     6     This act shall be known and may be cited as the Automobile
     7  Lemon Law.
     8  Section 2.  Definitions.
     9     The following words and phrases when used in this act shall
    10  have the meanings given to them in this section unless the
    11  context clearly indicates otherwise:
    12     "Dealer" or "motor vehicle dealer."  A person in the business
    13  of buying, selling or exchanging vehicles.
    14     "Manufacturer."  Any person engaged in the business of
    15  constructing or assembling new and unused motor vehicles or
    16  engaged in the business of importing new and unused motor

     1  vehicles into the United States for the purpose of selling or
     2  distributing new and unused motor vehicles to motor vehicle
     3  dealers in this Commonwealth.
     4     "Manufacturer's express warranty" or "warranty."  The written
     5  warranty of the manufacturer of a new automobile of its
     6  condition and fitness for use, including any terms or conditions
     7  precedent to the enforcement of obligations under the warranty.
     8     "New motor vehicle."  Any new and unused self-propelled,
     9  motorized conveyance driven upon public roads, streets or
    10  highways which is designed to transport not more than 15
    11  persons, which was purchased and is registered in the
    12  Commonwealth and is used or bought for use primarily for
    13  personal, family or household purposes, including a vehicle used
    14  by a manufacturer or dealer as a demonstrator or dealer car
    15  prior to its sale. The term does not include motorcycles, motor
    16  homes or off-road vehicles.
    17     "Nonconformity."  A defect or condition which substantially
    18  impairs the use, value or safety of a NEW MOTOR vehicle and does  <--
    19  not conform to the manufacturer's express warranty.
    20     "Purchaser."  A person or his successors or assigns who has
    21  obtained ownership of a NEW motor vehicle by transfer or          <--
    22  purchase or who has entered into an agreement or contract for
    23  the purchase of a NEW motor vehicle which is used or bought for   <--
    24  use primarily for personal, family or household purposes.
    25  Section 3.  Disclosure.
    26     The Attorney General shall prepare and publish in the
    27  Pennsylvania Bulletin a statement which explains a purchaser's
    28  rights under this law. Manufacturers shall provide to each
    29  purchaser at the time of original purchase of a new motor
    30  vehicle a written statement containing a copy of the Attorney
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     1  General's statement and a listing of zone offices, with
     2  addresses and phone numbers, which can be contacted by the
     3  purchaser for the purpose of securing the remedies provided for
     4  in this act.
     5  Section 4.  Repair obligations.
     6     (a)  Repairs required.--The manufacturer of a new motor
     7  vehicle sold and registered in the Commonwealth shall repair or
     8  correct, at no cost to the purchaser, a nonconformity which
     9  substantially impairs the use, value or safety of said motor
    10  vehicle which may occur within a period of one year following
    11  the actual delivery of the vehicle to the purchaser, within the
    12  first 12,000 miles of use, or during the term of the warranty,
    13  whichever may first occur.
    14     (b)  Delivery of vehicle.--It shall be the duty of the
    15  purchaser to deliver the nonconforming vehicle to the
    16  manufacturer's authorized service and repair facility within the
    17  Commonwealth, unless, due to reasons of size and weight or
    18  method of attachment or method of installation or nature of the
    19  nonconformity, such delivery cannot reasonably be accomplished.
    20  Should the purchaser be unable to effect return of the
    21  nonconforming vehicle, he shall notify the manufacturer or its
    22  authorized service and repair facility. Written notice of
    23  nonconformity to the manufacturer or its authorized service and
    24  repair facility shall constitute return of the vehicle when
    25  purchaser is unable to return the vehicle due to the
    26  nonconformity. Upon receipt of such notice of nonconformity the
    27  manufacturer shall, at its option, service or repair the vehicle
    28  at the location of nonconformity, or pick up the vehicle for
    29  service and repair or arrange for transporting the vehicle to
    30  its authorized service and repair facility. All costs of
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     1  transporting the vehicle when purchaser is unable to effect
     2  return, due to nonconformity, shall be at the manufacturer's
     3  expense.
     4  Section 5.  Manufacturer's duty for refund or replacement.
     5     (A)  RETURN OF AUTOMOBILE.--If the manufacturer fails to       <--
     6  repair or correct a nonconformity after a reasonable number of
     7  attempts, the manufacturer shall, at the option of the
     8  purchaser, replace the motor vehicle with a new motor vehicle of
     9  equal value or accept return of the vehicle from the purchaser
    10  and refund to the purchaser the full purchase price, including
    11  all collateral charges, less a reasonable allowance for the
    12  purchaser's use of the vehicle. Refunds shall be made to the
    13  purchaser and lienholder, if any, as their interests may appear.
    14  A reasonable allowance for use shall be that amount directly
    15  attributable to use by the purchaser prior to his first report
    16  of the nonconformity to the manufacturer. In the event the
    17  consumer elects a refund, payment shall be made within 30 days
    18  of such election. A consumer shall not be entitled to a refund
    19  or replacement if the nonconformity does not substantially
    20  impair the use, value, or safety of the vehicle or the
    21  nonconformity is the result of abuse, neglect or modification or
    22  alteration of the motor vehicle by the purchaser.
    23     (B)  NOTATION ON TITLE.--WHEN AN AUTOMOBILE IS RETURNED TO     <--
    24  THE MANUFACTURER UNDER SUBSECTION (A), A NOTATION SHALL BE
    25  PLACED ON THE TITLE OF THE AUTOMOBILE WHICH STATES: "THIS
    26  AUTOMOBILE WAS RETURNED TO THE MANUFACTURER UNDER THIS SECTION
    27  OF THE AUTOMOBILE PURCHASERS' PROTECTION ACT."
    28  Section 6.  Presumption of a reasonable number of attempts.
    29     It shall be presumed that a reasonable number of attempts
    30  have been undertaken to repair or correct a nonconformity if:
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     1         (1)  the same nonconformity has been subject to repair
     2     three times by the manufacturer, its agents or authorized
     3     dealers and the nonconformity still exists; or
     4         (2)  the vehicle is out-of-service by reason of any
     5     nonconformity for a cumulative total of 30 or more calendar
     6     days.
     7  Section 7.  Itemized statement required.
     8     The manufacturer or dealer shall provide to the purchaser
     9  each time the purchaser's vehicle is returned from being
    10  serviced or repaired a fully itemized statement indicating all
    11  work performed on said vehicle including, but not limited to,
    12  parts and labor. It shall be the duty of a dealer to notify the
    13  manufacturer of the existence of a nonconformity within seven
    14  days of the delivery by a purchaser of a vehicle subject to a
    15  nonconformity. The notification shall be by certified mail,
    16  return receipt requested.
    17  Section 8.  Civil cause of action.
    18     Any purchaser of a NEW motor vehicle who suffers any loss due  <--
    19  to nonconformity of such vehicle as a result of the
    20  manufacturer's failure to comply with this act may bring a civil
    21  action in a court of common pleas and, in addition to other
    22  relief, shall be entitled to recover reasonable attorneys' fees   <--
    23  and all court costs.
    24  Section 9.  Informal dispute settlement procedure.
    25     If the manufacturer has established an informal dispute
    26  settlement procedure which complies with the provisions of 16
    27  CFR Pt. 703, as from time to time amended, the provisions of
    28  section 8 (relating to civil cause of action) shall not apply to
    29  any purchaser who has not first resorted to such procedure as it
    30  relates to a remedy for defects or conditions affecting the
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     1  substantial use, value or safety of the vehicle. The informal
     2  dispute settlement procedure shall not be binding on the
     3  purchaser and, in lieu of such settlement, the purchaser may
     4  pursue a remedy under section 8.
     5  Section 10.  Application of unfair trade act.
     6     A violation of this act shall also be a violation of the act
     7  of December 17, 1968 (P.L.1224, No.387), known as the Unfair
     8  Trade Practices and Consumer Protection Law.
     9  Section 11.  Rights preserved.
    10     Nothing in this act shall limit the purchaser from pursuing
    11  any other rights or remedies under any other law, contract or
    12  warranty.
    13  Section 12.  Nonwaiver of act.
    14     The provisions of this act shall not be waived.
    15  Section 13.  Effective date.
    16     This act shall take effect immediately IN 60 DAYS and shall    <--
    17  apply to NEW MOTOR vehicles purchased after the effective date    <--
    18  of this act.








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