Automobiles - Advertising and Representations; Lemon Law; and Vehicle Repairs

Automobiles

Although just about everybody buys an automobile at some point in time, many people are wary of having to purchase a car. Fortunately, Pennsylvania has Automotive Industry Trade Practices Regulations, which provide consumers with many protections when buying a car. These regulations cover numerous aspects of the car-buying process, from advertising to the condition of the vehicle.

Advertising and Representations

One section of the regulations prohibits deceptive advertising and misrepresentation in describing a car and its price. Also, dealers must disclose certain defects or conditions. Advertisements must include:

• The business name and address of the car dealer.
• The year, make and model of the car.
• The conditions of sale, including the offer’s expiration date and any limitations on the number of vehicles available.
• If the price is indicated, it must include all charges usual or necessary prior to delivery, such as freight, handling and dealer preparation charges, (tax, registration and licensing costs need not be included).
• Any known defects existing in the frame, block, transmission, or differential; flood damage or inability to pass state inspection.

In addition, the regulations also contain detailed provisions about the written agreement given to you when you buy a car. Among these, the regulations require that:

• A copy of the written contract or agreement of sale, the installment sales contract, an odometer statement and the warranty be provided to the consumer.
• The contract must list the car as “new” or “used,” and, if “used,” must describe the vehicle’s prior usage.
• The contract must list itemized charges for any item not included in the purchase price.
• The dealer must deliver the car within the time specified in the contract or within eight weeks after the contract date.
• The dealer must honor the quoted trade-in allowance.
• An “As-is” notice must be in a car being sold without warranty.

The Internet provides many helpful tools to consumers who are pricing an automobile. Many services will list every new and used car price including the Manufacturer’s Suggested Retail Price (MSRP), invoice price, price of options and freight. Both retail and wholesale prices are listed for used automobiles which take into consideration condition, mileage, and options. Armed with this information, an educated consumer is less likely to become the target of a deceptive sales presentation.

Lemon Law Protections

The Pennsylvania Automobile Lemon Law applies to any new vehicle purchased and registered in Pennsylvania for personal or family use and designed to transport up to 15 persons. Motorcycles, motor-homes and off-road vehicles are not included. Under the law, the manufacturer must, at no cost to the purchaser, repair or correct any defect which substantially impairs the use, value or safety of the vehicle and which occurs within one year after delivery, or 12,000 miles of use, or the terms of the manufacturer’s express warranty, whichever comes first.

If the defect cannot be repaired after three (3) attempts, or if the vehicle is out of service for a total of 30 calendar days for repair, generally, you may be eligible for a replacement vehicle or the refund of the purchase price, less a limited allowance for use. First, contact the manufacturer’s zone representative at the telephone number listed in your owner’s manual. If the zone representative is not successful in having the defect corrected, you may request an arbitration of your case through the manufacturer’s dispute settlement program if one exists. The arbitration decision is binding on the manufacturer, but not on the consumer, who may proceed further by bringing a private lawsuit.

If the manufacturer has not established an appropriate dispute resolution procedure, you may initiate a legal action at the outset. Some important requirements of the law are:

• You are responsible for delivering the vehicle to the manufacturer’s authorized repair facility unless it would be unreasonably difficult to do so. In that case, you must give written notice to the manufacturer so that arrangements can be made for transporting the vehicle, at no expense to you, to a repair site.
• Each time your vehicle is repaired, the repair facility must give you a detailed statement, itemizing all repairs made, and the cost of parts and labor.
• Your rights under the law will not apply if the defect is the result of your abuse, neglect or alteration of the vehicle.

If a vehicle has been returned to the manufacturer for defects, it may not be resold in Pennsylvania unless the manufacturer provides the consumer with:

• A written statement that the vehicle was returned because of a defect which was not cured within a reasonable time, and
• The same express warranty provided originally, except that it may last only for 12,000 miles or 12 months after the resale date.

Vehicles with defective braking or steering systems, likely to cause death or serious bodily injury if driven, may not be resold in Pennsylvania.

Vehicle Repairs

Almost everybody faces the problem of repairing an automobile. No matter what kind of car you drive, at some time or other you will either need to get it fixed, or at least have routine maintenance performed to keep it running.

Unfortunately, auto repair problems are among the most frequent sources of consumer complaints. It is important to know your rights before you go to a repair shop so you can avoid trouble.

Choosing the right shop

There are many auto repair facilities from which you can choose when you need repairs. Some shops are small, independent businesses. Others are part of large national chains. Some will do almost any type of repair, while others specialize in the kind of work they do. Most are good and the people who run them are honest. In deciding where to take your car, there are a few things you should consider:

• Learn about good shops before you need one, so you won’t have to choose a shop at the last minute.
• Get recommendations from family and friends about good experiences they have had with repair shops or mechanics.
• Make sure the shop you choose is capable of performing the type of repair you need.
• If you have a warranty that covers the repair, make certain the shop will honor it, and is authorized to make the repair under the warranty.
• Comparison shop for prices: there can be large differences in charges among repair facilities.

Pennsylvania’s Auto Regs

Pennsylvanians are protected by the Automotive Industry Trade Practices Regulations, which detail consumers’ rights when having a car repaired. The regulations provide that a repair shop must:

• Obtain the consumer’s written or verbal authorization before charging for repairs.
• Obtain additional authorization from the consumer before performing repairs which exceed the dollar limit set by the consumer.
• Inform the consumer whether parts put on the vehicle are new, used or reconditioned.
• Disclose, in advance, any charges for estimates or storage.
• Complete repairs within the time specified (or within 24 hours of delivery if no time is mentioned).
• Advise consumers of their rights to have replaced parts returned to them.
• Provide a detailed bill itemizing charges for parts and labor.

Consumer Protection Helpline

1.800.441.2555

www.attorneygeneral.gov

Rights and Resources Consumer Guide.- Full Guide