I practice law in Pennsylvania specializing in matters related to the Lemon Law and breach of warranty for vehicles. Many of my potential customers express concerns to me about whether to proceed with a Lemon Law claim because they have relationships with the selling dealer. “I’ve bought five cars there, and they always give me a great price.” It’s something I hear quite often. Other times, it’s “The service department has been very nice to me, I really don’t want to sue them.” I tell each of these potential clients that their concerns are commendable, but they are all in vain.
Think about what happened when you bought the car from the dealer. For the most part, he looked at a vehicle, engaged in some negotiation, and then signed on the dotted line. However, what exactly did you buy? The obvious answer is a new vehicle, but you also purchased the manufacturer’s warranty on that vehicle. I am not referring to an extended warranty or extended service contract, but simply to the written warranty that came with the vehicle at the time of purchase. (The standard warranty on most vehicles is 3 years, 36,000 miles, but various manufacturers and/or models have other terms and durations.) The cost of that warranty is built into the price of the vehicle. However, the key is that it is a manufacturer’s warranty. In accordance with this guarantee, it is the responsibility of the manufacturer to ensure that the vehicle functions correctly, free of defects and non-conformities, while the vehicle is still within the granted guarantee period.
In Pennsylvania, Lemon Law claims proceed only against the vehicle manufacturer. The reason for this is based on the above, namely that the manufacturer is solely responsible for the vehicle’s defects because it is the entity that provided the vehicle warranty. The dealer is simply the manufacturer’s agent, and the agent will not be liable in a lemon law claim. So, I can honestly and confidently tell my clients that the dealership will not face the threat of a lawsuit under a Pennsylvania Lemon Law claim.
