Do Lemon Laws Apply to Used Vehicles?
Lemon laws usually apply to new cars, but some states have lemon laws that apply to used cars, too.
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In most cases, lemon laws apply only to new cars, but lemon laws in a number of states also cover certain used vehicles.
What is a lemon law?
Lemon laws are state laws that protect owners of cars that have serious defects. They require vehicle manufacturers or dealers of defective cars to make repairs — or to replace or refund the purchase.
Sometimes a car can have such serious defects that it’s difficult or virtually impossible to properly repair them. Lemon laws allow buyers of new (and in some states, used) vehicles to sue for damages or replacement of the vehicle if the manufacturer or dealer is unable — after trying for a reasonable amount of time or reasonable number of attempts — to make the vehicle run properly. What’s “reasonable” varies from state to state.
In almost all cases, lemon laws apply only to vehicles sold under warranty. They usually do not apply to vehicles sold “as is.”
State lemon laws work in conjunction with the federal Magnuson Moss Warranty-Federal Trade Commission Improvements Act, which authorizes the Federal Trade Commission to create regulations for written warranties, defines the standards for “full” warranties, limits “implied warranty disclaimers, and creates consumer remedies for breach of service contract obligations and warranties. Car-related lemon laws themselves, however, are individual state laws, each with their own specific terms and conditions.
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Do lemon laws apply to used vehicles?
In most cases, lemon laws do not apply to the purchase of used cars; in fact only certain states extend any lemon law protection to used vehicles, and even then, the coverage is very limited.
» MORE: Can you return a car?
These states do have lemon laws that apply to used cars.
Arizona
This state's used vehicle lemon law covers major components that break down within 15 days or 500 miles of purchase. The customer is still responsible for up to $25 for the first two repairs, and the recovery amount (if the car can’t be repaired) is the car’s purchase price.
California
The state’s lemon law covers used vehicles only if they are sold with the manufacturer’s new vehicle warranty still in effect. If the manufacturer is unable to repair the vehicle in a “reasonable” number of attempts, the manufacturer must replace the vehicle or refund the purchase price, whichever the customer prefers.
Connecticut
Dealers are required to provide a 30-day/1,500-mile warranty for cars sold for $3,000 or more, and a 60-day/3,000-mile warranty for vehicles sold for $5,000 or more. The car has to be less than seven years old for the lemon law to apply, though. Coverage includes all parts and labor to keep the vehicle functioning properly. There is no right to return and no dispute resolution included.
Massachusetts
This state's lemon law covers used vehicles purchased for at least $700 from a dealer. The car must have fewer than 125,000 miles on the odometer at the time of sale.
The lemon law protects the buyer for 30 to 90 days, depending on the car’s mileage. During this time period, the dealer must accept the vehicle for repairs (or authorize another dealer to do so) within three business days of request. The dealer has a total of 11 business days (consecutive or nonconsecutive) or three repair attempts to fix the defect. The dealer has the right to offer to buy back your car instead of making repairs.
Massachusetts has a rare exception to the “as is” exclusions of most lemon laws. If you bought a car that has a major defect from a private seller, the law may allow you to rescind the sale within 30 days of purchase — but only if you are able to prove that the seller was aware of that defect and didn’t disclose it when you bought the car, .
Michigan
Here, a used vehicle may still be covered by state lemon law if it’s still under manufacturer warranty at the time of purchase. Issues have to be reported to the dealer within a year of the date it was delivered to the original buyer for the lemon law to apply.
Minnesota
Lemon laws in Minnesota may apply to used vehicles that are still under the manufacturer’s warranty. To be covered, the defect has to be reported within the warranty period or two years, whichever comes first. If you continue to have problems with the defect after this time period, you may still be able to make a claim for an additional year. If defects can’t be repaired within a reasonable number of attempts, the manufacturer must either replace or refund the vehicle .
New Jersey
Lemon laws may extend to used cars purchased from licensed used car dealers. The law requires dealers provide warranties for used vehicles with up to 100,000 miles. The required coverage periods last between 30 days/1,000 miles and 90 days/3,000 miles (whichever comes first) depending on the vehicle’s odometer reading at sale. This coverage only applies to vehicles sold for $3,000 or more that are no more than seven model years old. “As is” sales are excluded, as are private sales.
New Mexico
New Mexico's lemon law may apply to used vehicles purchased from used motor vehicle dealers. The vehicle must operate properly for 500 miles or 15 days, whichever comes sooner.
New York
State lemon laws may extend to used cars purchased at New York dealers with a purchase price of at least $1,500 and no more than 100,000 miles at the time of sale. The warranty covers engine, transmission, drive axle, brakes, steering and certain other parts, and it lasts from 30 to 90 days, depending on the car’s odometer reading at the time of sale. If the dealer can’t make the repairs after a reasonable number of attempts, the dealer must provide a full refund. Minor defects and problems resulting from abuse or neglect by the consumer aren’t covered.
Rhode Island
Used vehicles purchased from dealerships may qualify for lemon law protection if they’ve been in for service for the same defect three times within its dealer warranty period, or if they’ve been out of service for 15 days within the warranty period.
Texas
Used vehicles purchased from a dealer that are still covered under the manufacturer’s original warranty (not an extended service contract) may be covered under the state’s lemon law. Coverage may extend to vehicles that are no longer under warranty if the defect was reported while the warranty was still in effect. If repairs aren’t made during the state-specified period and number of attempts, the customer may be entitled to either a refund or replacement.
Vermont
If the first repair for a defect took place during the manufacturer’s express warranty and other eligibility requirements are met, the vehicle may be covered under state lemon law. Vermont considers all vehicles still under manufacturer’s express warranty to be “new motor vehicles.”
» MORE: Where to buy a used car