Used Car Lemon Law Aimed At Protecting Bucks County Consumers

DOYLESTOWN, PA — Used car buyers in Bucks County will have an extra layer of protection beginning next year under the county’s new “Lemon Law” ordinance – the first-of-its-kind in Pennsylvania.

Under Ordinance No. 168 approved by the Bucks County Commissioners on June 15 and effective Jan. 1, 2023, used car dealers will be required to provide warranties on certain used car purchases, ensure the used cars they sell can pass state inspection, and tell the truth about their used cars.

State law currently provides similar protections for buyers who purchase new cars, but does not extend them to used cars.

“Most of our auto dealers by far are honest and do a good job,” said Michael Bannon, director of the county Consumer Protection/Weights & Measures Department whose department helped craft the new ordinance. “But I’m afraid that there’s a few businesses out there that have given the industry a black eye, and that’s what we’re looking to address right now.”

Warranty requirements will vary based on a vehicle’s mileage, with some vehicles, including older cars and those with more than 100,000 miles, exempted from the ordinance.

“This first-of-its-kind county ordinance is the latest example of our administration’s investment in consumer protection as well as our vision of a law department that is proactive in addressing the needs of Bucks Countians," said Commissioner Chair Bob Harvie.

New Jersey’s “Lemon Law” contains similar provisions, but they only apply within the Garden State. Ordinance No. 168 closes that loophole in Bucks County, according to Bannon.

County Solicitor Joe Khan noted that in the six months between the ordinance’s passage and implementation, consumer protection plans to conduct outreach to educate local car dealers on their obligations under Ordinance No. 168.

“We have found that the model of giving people time and notice works out really well, because our goal here really is to encourage everyone to do the right thing and follow best practices,” Khan said.

The ordinance only applies to vehicles being sold by car dealers and with a price tag of $3,000 or more - “cars that people are expecting are going to work and not have significant problems within a month or two of buying it,” said Khan. “We’re not covering the car that has been junked and is being sold for parts and has been declared a total loss.”

The first thing that will be required of a dealer is pretty basic, said Khan. "If you're going to drive a car off the lot, then you're driving a car that can pass inspection. If a car buyer takes that car to an independent inspector and that car fails the dealer is going to be obligated to fix it. And if they can't fix it in a reasonable amount of time then the consumer will be entitled to a refund."

The new ordinance will also require dealers to provide very basic warranties.

"If you're buying a car with 24,000 miles or less you should have a warranty for three months or 3,000 miles, which ever comes first," said Khan. "For an older car under 100,000 miles, say 60,000 or more, the warranty is going to guarantee that the car is going to work for a month. We're talking about very basic guarantees. And even that can be waived, but it's going to require the dealer to put things in writing so the consumer is educated about what they are giving up and whether they want to bargain that away."

The ordinance also provides "some teeth" for making sure that dealers don't use unlawful practices, make misrepresentations about, or fail to disclose issues with the used cars they are selling, said Khan.

Those misrepresentations and lies include misstating important aspects of the car like whether the engine works or whether it had been in a flood, omissions about the car’s mechanical condition and failure to disclose other issues.

Violations of the ordinance will be considered summary offenses with no jail time. The ordinance does, however, provide for series of fines that encourage dealers to do the right thing and not play fast and loose.

“What we have in Bucks County is a model of consumers reaching out for help from the department of consumer protection and the department trying to work with the dealer to do the right thing," said Khan, "which is really what the consumer wants. The consumer doesn't want to see a fine issued. They want their car to work. They want to get what they paid for or get their money back.”

The proposed ordinance garnered words of support from both the state Office of Attorney General as well as Bucks County District Attorney Matt Weintraub.

“To me this makes a lot of sense,” Weintraub said during the commissioners’ meeting. “This really strengthens the safety net for the consumer. They already do it in New Jersey. I'm proud to be endorsing this as a model for the rest of the state."

“We applaud Bucks County for increasing its consumer protection efforts in his arena,” added Sarah A. E. Frasch, director of the OAG’s Bureau of Consumer Protection, in a statement of support. “And we look forward to continuing to work with the Bucks County Law Department and Department of Consumer Protection/Weights & Measures as we protect Pennsylvania
consumers from unfair and deceptive business practices.”

To learn more about Ordinance No. 168, watch the live streamed presentation in support of the measure.