Does the Lemon Law Apply to a Used Car?
Currently, only seven states have lemon laws for used cars. Find out which ones and what to do if you’ve bought a lemon here.
Written by Sarah Gray
Reviewed by Kathleen Flear
Table of Contents
- What is a lemon law?
- Does the lemon law apply to a used car?
- How to file a used car lemon law claim
- How to find car insurance for your used car
- FAQs
Load full table of contents
Used cars have some protection from lemon laws, especially if they’re still under the manufacturer’s warranty. Your best bet to avoid winding up with a lemon is to check the vehicle’s history and have it inspected by a professional.
We all know how easy it is to get excited when we’ve found the car of our dreams—especially if we’ve found it at the purchase price of our dreams. But what happens if you get that car home only to find out it has a substantial defect? If you bought the car used, you may have fewer options for recourse, depending on where you live.
Here to help you determine whether and how lemon laws might protect you when buying a used car is
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. We’ll tell you all about lemon laws, how they apply to used cars, and how to file a claim if it turns out you’ve bought a lemon.What is a lemon law?
Lemon laws are state and/or federal laws that allow consumers to get a replacement or full refund if a vehicle or other product they’ve purchased has repeatedly failed to meet standards of quality and performance. As it applies to motor vehicles, lemon laws ensure that manufacturers honor vehicle warranties by repairing major mechanical defects at no cost to the consumer. If the defect cannot be repaired, lemon laws help consumers get a refund or replacement vehicle.
Generally speaking, a lemon law covers new cars and products, not used cars.
Does the lemon law apply to a used car?
Not exactly. Used cars are subject to consumer protection laws, but these are not typically the lemon laws that apply to new vehicle sales. For example, sellers are required by law to disclose any major accidents the vehicle has been involved in. They must also disclose any major problems and the vehicle’s accurate mileage.
In addition to these general consumer-protection laws, seven states have enacted lemon laws specifically applicable to used vehicles:
While these added protections can provide some recourse in certain situations, they’re limited. It’s perfectly legal for a seller or used car dealer to sell a used vehicle in any condition as long as they make that condition clear at the time of sale. However, it’s easy for some issues to go unnoticed or only appear after you’ve taken delivery of the vehicle. Since used cars are sold as-is, buyers can’t expect their used cars to be perfect.
Though it’s next to impossible to get most used-car issues to be covered by a lemon law, there are a few exceptions:
Accident history
Most states require sellers and used car dealers to disclose any major accidents a vehicle has been involved in. Today’s unibody construction makes it nearly impossible to restore a vehicle’s original strength and structural integrity after a major crash. To repair damage, crushed parts must be cut off and new ones welded on, resulting in so-called “zipper cars” that can be a significant safety concern.
The safety of zipper cars is such a concern, in fact, that some states prohibit their sale. Other states require the seller to properly inform the buyer before finalizing the sale.
To ensure you’ve got all the information you need about your vehicle’s history, review any provided histories. But you should also—and especially—have the car inspected by a professional, preferably before you purchase it.
If you buy the car, then discover that it was in a massive collision that wasn’t disclosed to you before purchase, you may have some protections under federal or state lemon laws. Still, the best protection is avoiding the purchase in the first place.
Odometer tampering
It should go without saying that a used car with low mileage will sell for a higher price than a comparable vehicle with high mileage. This makes odometer tampering tempting for some sellers—but this is not only a violation of lemon laws; it’s also a criminal offense.
Odometer tampering occurs when a seller manipulates the mechanism that tracks a vehicle’s mileage (the odometer) to make it appear the vehicle has suffered less wear and tear from mileage than it has. This tampering can also affect a buyer's ability to determine if the car they’re considering has been subject to regularly-scheduled maintenance throughout its entire history—a major factor in determining a vehicle’s longevity.
What used vehicles are covered by the lemon law
In the seven states with applicable used-vehicle lemon laws, the laws apply to all used vehicles sold in the state.
Pro Tip Even with laws on the books in some states to help protect used car buyers from lemons, the best protection is a thorough professional inspection prior to purchase.
How to file a used car lemon law claim
The first thing to note is that even if your car experiences issues after you bough it, it’s unlikely that you’ve been sold a lemon—you just have a used car that’s going to need more maintenance and repairs than a new vehicle. That said, if you’re having any serious car trouble, it’s time to head to a professional.
Ask your mechanic to inspect your vehicle to determine if the issues you’re experiencing are something caused or hidden by the previous owner. This is where your paper trail needs to start. Keep written records, receipts, and reports of all inspections and findings, so if the previous owner attempts to allege that you caused the damage you’re blaming them for, you can prove you didn’t.
If you and your mechanic determine you have grounds for a serious case, it’s time to take all that paper to a lemon law attorney who will walk you through the process of filing a claim. Many offer free case evaluations or consultations, but even if you do have to pay an upfront fee, it could be worth it in exchange for getting rid of a lemon vehicle.
How to find car insurance for your used car
Though buying a used car can be riskier than buying new, it can also be a great way to save money on upfront costs. However, the more miles a car has on it, the more potential you have for unforeseen expenses from breakdowns.
This is why it’s important to ensure your
car insurance
policy includes roadside assistance
to get you the help you need when you need it. And the best way to ensure you’ve got the best price on your entire insurance policy, is to shop with Jerry
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Can you return a used car?
Not usually. Unless your seller, dealership, or sales contract offers language or a disclaimer for how and when you can return a vehicle, you should assume all sales are final.
What makes a car a lemon?
In most cases, your car must have 3-4 repair attempts for the same problem, 6 repairs total on the vehicle, or 30 days out of service by reason of repair to qualify as a lemon.
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