New Motor Vehicle Damage Disclosure Act in PA
Pennsylvania consumers purchase new motor vehicles every day. Sometimes, these new vehicles are damaged prior to sale. There can be a problem with taking the vehicle off of the transporter truck, an accident in the parking lot, any number of scenarios are possible. We’ve even seen cases where the original dealer damages the vehicle and then “trades” it to another dealer who then sells it to the public.
We have found that many dealers do not advise the purchaser that these incidents have occurred, which is a violation of PA law. Pennsylvania Law (the PA New Motor Vehicle Damage Disclosure Act) sets forth that “A motor vehicle dealer shall notify the purchaser of a new motor vehicle in writing at the time of sale of any damage or damage repairs incurred by the new motor vehicle, regardless of whether the damaged portion was repaired or replaced to its pre-damaged condition, which exceeds the greater of $500 or 3% of the manufacturer’s suggested retail price”.
What that means is that a dealer is obligated to tell you if the new vehicle that you are attempting to purchase has had any damages or repairs that exceed $500 or 3% of the MSRP. As you can imagine, it is rare that a dealer would disclose this information. They seem to take the attitude that “we’ll hide it and hope the consumer never notices”. These issues can be discovered in any number of ways… perhaps the first time in for an oil change a mechanic notices discoloration of the paint, or seams that are not aligned. Would you have purchased the vehicle if you had known of the defect? In the alternative, would you have paid the same purchase price if you had known of the defect? This is a very serious claim that frankly amounts to fraud.
If a dealer fails to comply with the requirements of this act, the buyer is entitled to seek a refund of the purchase price of the damaged vehicle, in addition to obtaining legal fees.
If you purchased a new motor vehicle which was damaged before the sale, and you were not informed of that damage, call our firm at 1-888-LEMON-44 or 412-823-8003 or send an email to Attorney Greg Artim. We can attempt to obtain a refund of the purchase price of the vehicle or a cash award under the New Motor Vehicle Damage Disclosure Act.