PRIOR PRINTER'S NOS. 1710, 1882 PRINTER'S NO. 1971
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 19830H1405B1971 - 2 -
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 19830H1405B1971 - 3 -
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: 19830H1405B1971 - 4 -
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 19830H1405B1971 - 5 -
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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