The Bucks County Consumer Protection/Weights and Measures Department has been granted new power to protect buyers of used cars.
While Pennsylvania has a so-called “lemon law” for purchases of new or leased vehicles, there is not a similar law in place for used cars.
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A new ordinance approved by the Bucks County Commissioners – two Democrats and one Republican – on Wednesday is designed to protect those who are purchasing a used car within the county.
According to the county used car lemon law ordinance, auto dealers will have to offer warranties on certain used car purchases, guarantee that the used cars they sell can pass inspection, and be honest about their used cars.
Below are some details on the requirement of a warranty for used cars:
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It shall be an unlawful practice for a dealer to sell a used motor vehicle to a consumer without giving the consumer a written warranty which shall at least have the following minimum durations:
a. If the used motor vehicle has 24,000 miles or less, the warranty shall be, at a minimum, 90 days or 3,000 miles, whichever comes first;
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b. If the used motor vehicle has more than 24,000 miles but less than 60,000 miles, the warranty shall be, at a minimum, 60 days or 2,000 miles, whichever comes first; or
c. If the used motor vehicle has more than 60,000 miles but less than 100,000 miles, the warranty shall be, at a minimum, 30 days or 1,000 miles, whichever comes first, except that a consumer may waive his right to a warranty as provided under section 9 of this ordinance.
“If a used motor vehicle with 100,000 miles or less fails a Pennsylvania emissions or vehicle safety inspection within 10 days of its sale, the dealer or his agent shall correct any and all deficiencies that caused the vehicle to fail the inspection(s),” the ordinance also states.
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The ordinance does not cover used car purchases not through a dealer, cars sold for less than $3,000, cars that have been declared a “total loss,” cars that are seven models years and older, and cars with more than 100,000 miles on them.
Bucks County Solicitor Joe Khan said the ordinance will take effect in six months.
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The county will work to educate dealers about the new ordinance, Khan said.
Bucks County Consumer Protection/Weights and Measures Department Director Michael Bannon said neighboring New Jersey already has a similar law in the books.
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“This will hopefully close the loophole in Bucks County,” he said.
Bannon celebrated the passing of the ordinance and recalled a case his office had received years ago where a Quakertown-area single mother purchased a used car several and it stopped working two days later. The dealership refused to correct the problem and the cash-strapped woman was stuck with a car that didn’t work.
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Khan said the ordinance gives the Bucks County Consumer Protection/Weights and Measures Department and Bucks County Law Department the ability to enforce the law.
While the focus is to get problems fixed for consumers, the Bucks County Consumer Protection/Weights and Measures Department can charge dealers with summary offenses with fines up to $1,000 per violation, Khan said.
Bucks County District Attorney Matt Weintraub endorsed the new ordinance.
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“This makes sense. They already do this in New Jersey,” he said.
The county’s top prosecutor said his office works with Bannon and Khan’s staffs on issues and will do so on the new ordinance.
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“This really strengthens the safety net for the consumer,” Weintraub said.
The Pennsylvania Attorney General’s Office has also supported the new ordinance.
“We applaud Bucks County for increasing its consumer protection efforts in this arena,” Sarah Frasch, director of the Pennsylvania Attorney General’s Office’s Bureau of Consumer Protection, said in a statement. “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,”
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Khan affirmed the new ordinance will help residents.
“Most of our auto dealers by far are honest and do a good job,” Bannon said. “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.”
“I think we’re going to protect the residents of Bucks County real well,” he added.
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