I practice law in Pennsylvania specializing in Lemon Law and Vehicle Breach of Warranty matters. Many of my potential clients express concerns to me about whether to proceed with a Lemon Law claim because they have relationships with the selling dealer. “I have 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 so nice to me, I really don’t want to sue them.” I tell each of these prospective clients that their concerns are commendable, but they are in vain.

Think about what happened when you bought the vehicle from the dealership. 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 a manufacturer’s warranty for that vehicle. I’m not referring to an extended warranty or an extended service contract, but simply 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. The key, however, is that it is a manufacturer’s warranty. Under that warranty, it is the responsibility of the manufacturer to ensure that the vehicle functions properly, free of defects and non-conformities, while the vehicle is still within the given warranty period.

In Pennsylvania, Lemon Law claims proceed only against the vehicle manufacturer. The reason for this is based on the above, that is, the manufacturer is the only party responsible for the defects of the vehicle because it is the entity that provided the vehicle warranty. The dealer is merely the agent for the manufacturer, and the agent will not be liable for a lemon law claim. Therefore, I can frankly and confidently tell my clients that the dealership will not face the threat of a lawsuit under a Pennsylvania Lemon Law claim.