Definition

• Though the Pennsylvania Lemon Law applies to vehicles bought for personal, family or household purposes that hold up to 15 people, it does not apply to used vehicles. Title 73 Chapter 28, Section 1952 expressly defines a "new motor vehicle" as one that is "unused," inclusive of dealer or manufacturer demonstration vehicles until the point of its first retail sale. The disclosure and repair obligations described in the Automobile Lemon Law only apply to new motor vehicles. This term also excludes motorcycles, motor homes and off-road vehicles. In order to qualify, a new motor vehicle must be purchased and registered in Pennsylvania, and the nonconformity must first be observed within the first 12,000 miles.
  
  

Warranties

• Even though the Pennsylvania Lemon Law does not apply to used vehicles, used-car buyers are not without some protection. Unless a vehicle is marked "as is," it carries an implied warranty of merchantability if it is sold by a professional dealer. In other words, unless marked otherwise, the car is assumed to function reasonably well. In addition to this implied warranty, some used car dealers will provide an express warranty, which might include any unused portion of the original manufacturer's warranty. A dealer who sells a vehicle that does not perform according to these implied and express warranties can be found in violation of the Pennsylvania Unfair Trade Practices and Consumer Protection Law.
  
  

Federal Lemon Law

• Pennsylvania used-car buyers are also protected by federal statutes. In particular, the Magnuson Moss Warranty Act is not limited to new motor vehicles or to a specific number of miles. This law protects buyers of any retail product over $10 in value. The protections of Magnuson Moss, however, do not exceed the terms of the manufacturer's express warranty for the vehicle. A car marked "as is" is not presumed to have any such warranty. A used vehicle for which the original manufacturer's warranty has expired or been voided by unauthorized modification will not fall under the Magnuson Moss Warranty Act.