Pennsylvania has a lemon law for new vehicles. Until recently, there was nothing comparable for used cars. In June 2022, the Bucks County Commissioners unanimously passed Ordinance No. 168 β the Bucks County Used Car Lemon Law β making Bucks County the first county in the United States to enact its own used car lemon law. The ordinance took effect on January 1, 2023.
The law requires licensed used car dealers in Bucks County to provide written warranties on qualifying vehicles, guarantee that those vehicles can pass state inspection at the time of sale, and make honest disclosures about the condition of the cars they sell. If a dealer fails to honor these obligations, the buyer has remedies β including a full repurchase of the vehicle.
Why this matters: Before Ordinance 168, a Bucks County resident could buy a used car in New Jersey and be protected by New Jersey's Used Car Lemon Law β but could buy the same car a mile from home with no comparable protection. This ordinance closes that gap.
The ordinance covers you if you purchased a used motor vehicle from a dealer in Bucks County for personal, family, or household use. To qualify, the vehicle must meet all of the following criteria at the time of sale:
The vehicle must be:
Sold by a licensed dealer (not a private seller) • Priced at $3,000 or more • Less than seven model years old • Under 100,000 miles • Not previously declared a total loss by an insurance company
If the vehicle had over 60,000 miles but under 100,000, the dealer may have asked you to sign a written waiver of the warranty in exchange for a negotiated price reduction. If you did sign a valid waiver, you may have purchased the vehicle "as is" β but that waiver has specific requirements, and a waiver that doesn't comply with the ordinance may not be enforceable.
Under Ordinance 168, dealers must provide a written warranty on qualifying used vehicles. The minimum warranty period depends on the vehicle's mileage at the time of sale:
| Mileage at Sale | Minimum Warranty |
|---|---|
| 24,000 miles or less | 90 days or 3,000 miles (whichever comes first) |
| 24,001 β 60,000 miles | 60 days or 2,000 miles (whichever comes first) |
| 60,001 β 100,000 miles | 30 days or 1,000 miles (whichever comes first)* |
*Vehicles over 60,000 miles: the consumer may waive the warranty if the waiver meets specific written requirements and the consumer received a negotiated price adjustment.
The warranty covers key drivetrain components β engine internals, automatic and manual transmission internals, front-wheel and rear-wheel drive components β known in the ordinance as "covered items." If a covered item fails during the warranty period, the dealer must repair it, subject to a $50 deductible per repair.
An important detail many buyers miss: the warranty period is extended by any time the vehicle spends waiting for the dealer to begin or complete repairs. If your car sits at the dealer's shop for two weeks, those two weeks do not count against your warranty.
Separately from the warranty, the ordinance requires dealers to ensure that any used vehicle sold with 100,000 miles or less is capable of passing Pennsylvania emissions and safety inspections at the time of sale.
If the vehicle fails inspection within 10 days of purchase, the dealer must fix every deficiency that caused the failure β at no cost to you. If the dealer cannot make the repairs within 20 days, the law presumes the dealer has had a reasonable opportunity and failed. At that point, you are entitled to a full repurchase: the dealer must buy the car back and refund your purchase price, minus a mileage deduction and any excessive wear and tear.
Ordinance 168 makes it unlawful for a dealer to misrepresent a vehicle's mechanical condition or fail to disclose known material defects before the sale. The law specifically calls out the following defects that must be disclosed:
A bent, cracked, or twisted frame • A cracked engine block or head • Inability to pass state inspection • A damaged or deteriorated transmission requiring replacement • Flood damage • A damaged or deteriorated differential requiring replacement
Dealers must also disclose the existence and terms of any existing warranties, service contracts, or repair insurance currently in effect on the vehicle β and must clearly explain what "as is" means if the vehicle is sold without a warranty.
If the dealer fails to repair a material defect β one that substantially impairs the use, value, or safety of the vehicle β after a reasonable opportunity, the dealer must repurchase the vehicle. The law presumes the dealer has had a reasonable opportunity if:
The same defect has been subject to three or more repair attempts during the warranty period and still exists, or the vehicle has been out of service for 20 or more cumulative days during the warranty period while waiting for repairs.
The refund is your full purchase price, minus sales tax, title and registration fees, a reasonable deduction for excessive wear and tear, and a mileage deduction calculated at the current IRS business mileage rate.
Violations are enforced by the Bucks County Law Department and the Department of Consumer Protection/Weights & Measures. A dealer convicted of a violation faces fines of $100 to $1,000, and each day a violation continues β or each separate section violated β is treated as a separate offense.
The ordinance also explicitly preserves any other rights or remedies available under Pennsylvania or federal law. That means pursuing a claim under Ordinance 168 does not prevent you from also asserting claims under the Pennsylvania Unfair Trade Practices and Consumer Protection Law (UTPCPL) or the federal Magnuson-Moss Warranty Act, which may provide additional remedies including attorney's fees.
No. The ordinance only applies to sales by dealers β defined as anyone who sells or negotiates the sale of five or more motor vehicles in a calendar year. Private sales between individuals are not covered.
Possibly. The "as is" waiver is only valid for vehicles with over 60,000 miles, and it must be in writing, separately stated, separately signed, and accompanied by a negotiated price adjustment. If the dealer didn't follow these requirements, the waiver may not be enforceable. Separately, even vehicles sold "as is" are still subject to the inspection guarantee for vehicles under 100,000 miles, and the dealer's disclosure obligations apply regardless of warranty status.
The ordinance applies to dealers selling vehicles in Bucks County. If you purchased the vehicle from a dealer located outside the county, the ordinance likely does not apply β although other state or federal protections may.
Under Ordinance 168, yes β vehicles over 100,000 miles, over seven model years, or priced under $3,000 are excluded. However, you may still have remedies under other laws, including the UTPCPL if the dealer engaged in deceptive conduct, or common-law fraud claims. It's worth discussing with an attorney.
The ordinance's penalty provisions are enforced through the county. However, the ordinance preserves all other rights and remedies under existing law, and the facts that support an Ordinance 168 violation will often also support claims under the UTPCPL or Magnuson-Moss, both of which allow private lawsuits and may entitle you to attorney's fees.
Pennsylvania's Automobile Lemon Law (73 P.S. Β§ 1951 et seq.) only covers new or leased-new vehicles during the first 12 months or 12,000 miles. It does not apply to used vehicles at all. Ordinance 168 fills that gap specifically for qualifying used vehicles sold by dealers in Bucks County.
Free consultations available for most practice areas.
Schedule a Free Consultation Or call 215-826-3133