A.OVERVIEW OF SONG-BEVERLY WARRANTY RIGHTS

The Song-Beverly Consumer Warranty Act (beginning with Civil Code section 1790) provides protection for consumers who lease or buy new motor vehicles. The law requires that if the manufacturer or its representative in this state, such as an authorized dealer, is unable to service or repair a new motor vehicle to meet the terms of an express written warranty after a reasonable number of repair attempts, the manufacturer is required promptly to replace the vehicle or return the purchase price to the lessee or buyer. The purchase price that must be returned includes the price paid for manufacturer-installed items and transportation but does not include the price paid for nonmanufacturer items installed by the dealer. The lessee or buyer is completely free to choose whether to accept a replacement or a refund. Whatever the choice, the manufacturer is also responsible to pay for sales or use tax; license, registration, and other official fees; and incidental damages that the lessee or buyer may have incurred such as finance charges, repair, towing, and rental car costs.

The lessee or buyer may be charged for the use of the vehicle regardless of whether the vehicle is replaced or the purchase price is refunded. The amount that may be charged for use is determined by multiplying the actual price of the new vehicle by a fraction having as its denominator 120,000 and as its numerator the number of miles traveled by the vehicle before it was first brought in for correction of the problem. For example, if the car had traveled 6,000 miles before it was first brought in for correction of the problem, the lessee or buyer could be charged 5% (6,000/120,000 = 5%) of the purchase price for usage.

The law applies for the entire period of your warranty. For example, if your vehicle is covered by a three-year warranty and you discover a defect after two years, the manufacturer will have to replace the vehicle or reimburse you as outlined above if the manufacturer or its representative is unable to conform the vehicle to the express warranty after a reasonable number of attempts to do so.

Song-Beverly does not apply if the problem was caused by abuse after the vehicle was delivered. Be sure you follow the terms of the warranty for maintenance and proper use of the vehicle.

Although there is a four-year statute of limitations to bring a law suit for breach of warranty or for violations of Song-Beverly, you should act promptly to try to resolve the problem fairly and quickly without legal action if possible.

Automobile Lemon Law

Pennsylvania's Automobile Lemon Law is designed to protect Pennsylvania consumers from unsafe and defective new cars.

The Automobile Lemon Law applies to the PURCHASE or LEASE of new vehicles that are registered in Pennsylvania. The vehicle must be used for personal, family or household purposes. Commercial vehicles, motorcycles, motor homes, and off-road vehicles are not covered by the law.

The law covers problems that occur during the first 12 months or 12,000 miles of ownership. The problem must substantially impair the value, use or safety of the vehicle. Each time you take your vehicle to the dealer for service or repair, the dealer must provide you with a copy of the repair invoice. The dealer must also notify the manufacturer that your vehicle has been brought in a second time for the same problem. As long as the first problem occurs during the first 12 months or 12,000 miles of ownership, you are covered for any subsequent problems occurring after that point.

File photo of a broken down car The law allows the manufacturer three repair attempts for the same problem. If the repairs are unsuccessful, you may demand a refund or replacement vehicle. Also, if your car is at the dealership for any repairs for a cumulative total of thirty days during the first 12 months or 12,000 miles, you may demand a refund or replacement.

The manufacturer is allowed to receive a reasonable offset for your use of the vehicle that you are having problems with. That refund offset can total no more than 10% of the purchase price of the vehicle or $.10 for each mile driven before the first reported repair. If the manufacturer cannot replace your particular model or year, you must be given a comparable vehicle of equal value.

Keep in mind that you lose your lemon law rights if the problem you are experiencing is the result of your modification to or your alteration, abuse or neglect of the vehicle.

Information about the lemon law and how to assert your rights should be found in your owner's manual. Any purchaser of a new motor vehicle who suffers any loss under this law may proceed directly to the manufacturer's arbitration program. Consumers may also bring a civil action in a court of common pleas and, in addition to other relief, are entitled to recover reasonable attorney's fees and all court costs. If you have an additional question regarding Pennsylvania's Lemon Law, please contact the Bureau of Consumer Protection at 1-800-441-2555.