While lemon laws are typically associated with new vehicles, some states extend protections to used car buyers. Used car lemon laws vary significantly by state, with some providing strong protections and others offering none. Understanding your state's rules helps you know your rights when buying pre-owned.
Do Lemon Laws Cover Used Cars?
Most state lemon laws specifically apply to new vehicles, not used ones. Only a handful of states have dedicated used car lemon laws. However, additional legal protections may still apply to used car purchases.
States with explicit used car lemon law protections include Connecticut, Massachusetts, Minnesota, New Jersey, New York, and Rhode Island. Coverage details vary significantly between these states.
Federal Protections: The Magnuson-Moss Act
The federal Magnuson-Moss Warranty Act applies to used vehicles sold with warranties. If the dealer or manufacturer provides a written warranty and fails to honor it, you have federal claims. This applies whether the warranty came with the car originally or was sold separately.
Magnuson-Moss covers express written warranties only—not implied warranties or "as-is" sales.
Implied Warranty Protections
Many states have implied warranty of merchantability laws requiring that vehicles be fit for ordinary purposes. A car that doesn't run or has serious hidden defects may breach implied warranty—even without explicit promises.
However, some states allow dealers to disclaim implied warranties with "as-is" sales. Check whether your state permits implied warranty disclaimers.
State-Specific Used Car Laws
New York requires dealers to provide warranties on used cars under 100,000 miles—varying from 30 days to 90 days depending on mileage. Massachusetts requires dealers to repair or refund vehicles with defects appearing within coverage periods. Connecticut provides used car warranties based on age and mileage.
Even states without formal used car lemon laws may have consumer protection laws or dealer licensing requirements that provide remedies.
Certified Pre-Owned Vehicles
Certified pre-owned (CPO) vehicles come with manufacturer-backed warranties that often receive lemon law treatment. CPO warranties are typically more robust than standard used car warranties. If your CPO vehicle has repeated problems the dealer can't fix, you may have lemon law claims.
Review CPO warranty terms carefully—coverage varies by manufacturer and program.
Dealer Fraud Claims
If a dealer lied about a vehicle's condition, history, or mechanical status, you may have fraud claims regardless of whether lemon laws apply. Misrepresenting odometer readings, accident history, flood damage, or known defects can support substantial damage claims.
Request vehicle history reports and have independent inspections performed before purchase. If problems emerge later that the dealer knew about, fraud claims may apply.
Salvage and Rebuilt Title Disclosures
Dealers must disclose if vehicles have salvage or rebuilt titles—indicating prior serious damage. Failure to disclose salvage history is illegal in all states. If you discover undisclosed salvage history, you likely have claims for rescission or damages.
Private Sales
Private party sales typically offer no warranty protection. "As-is" sales between private individuals are generally final. Your recourse is limited to fraud if the seller actively lied about known problems. Have vehicles inspected before private purchases.
Unfair and Deceptive Practices
State consumer protection laws prohibit unfair and deceptive practices in vehicle sales. These laws can provide remedies even without specific lemon law coverage. Violations might include hidden fees, misleading advertising, failure to disclose known defects, or bait-and-switch tactics.
Consumer protection laws often allow treble damages and attorney's fees.
Documentation for Used Car Claims
Keep all purchase documents: the purchase agreement, any warranty paperwork, financing documents, and communications with the dealer. Save repair records, receipts for repairs you paid for, and records of complaint calls or visits.
Getting Legal Help
Used car claims can be complex because multiple legal theories may apply. An attorney can evaluate whether lemon laws, Magnuson-Moss, implied warranties, fraud, or consumer protection laws provide the best path forward. Many consumer attorneys handle these cases on contingency.