Pennsylvania Repair-Attempt Presumption (73 P.S. § 1956)
Pennsylvania's Lemon Law thresholds — three repair attempts or 30 cumulative days out of service — that trigger refund or replacement rights.
Pennsylvania codifies its “reasonable number of repair attempts” thresholds at 73 P.S. § 1956. Meeting either of the two tests creates a rebuttable presumption that the manufacturer failed to repair.
The two tests under § 1956
Test 1 — Three-attempt rule (same defect)
The consumer meets the standard when:
- The same nonconformity has been the subject of three or more repair attempts by the manufacturer, its agents, or authorized dealers; AND
- The defect continues to exist.
Pennsylvania’s three-attempt rule is lower than Illinois’s four-attempt rule and comparable to Florida’s three-attempt rule.
Test 2 — 30-day cumulative out-of-service rule
The consumer meets the standard when:
- The vehicle has been out of service for repair for a cumulative total of 30 or more calendar days during the warranty period.
- The 30 days don’t have to be for the same defect.
Who has the certified-mail duty
Pennsylvania does not make a consumer pre-suit certified-mail notice (or a 10-day final-repair demand) a condition of the § 1956 presumption. The statute’s certified-mail requirement is a dealer obligation under 73 P.S. § 1957: when a vehicle is brought to the same dealer a second time for the same nonconformity, the dealer must notify the manufacturer by certified mail, return receipt requested. Consumers should still keep careful records, but missing a certified-mail step does not defeat the presumption.
What counts as a “repair attempt”
A repair attempt requires:
- The vehicle was presented to an authorized service facility.
- The consumer reported the defect.
- A repair order documents the visit.
Importantly:
- “No problem found” visits count.
- Different symptoms during the same visit can count as multiple attempts for separate nonconformities.
- Routine maintenance doesn’t count.
- Independent-mechanic visits don’t count.
The 12-month / 12,000-mile window
Repair attempts must occur within the Lemon Law’s 12-month / 12,000-mile window from delivery.
Bottom line
73 P.S. § 1956’s thresholds are reasonable, and the 12-month / 12,000-mile window is tight. There is no consumer certified-mail prerequisite to the presumption — but document every repair visit carefully so the three-attempt or 30-day showing is airtight.
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