Does the lemon law apply to used cars?

When a used car is still protected

• A used-car lemon law exists in your state. These usually create a short statutory warranty scaled to the car's mileage — for example 30 to 90 days or 1,000 to 4,000 miles — and exclude vehicles above a mileage cap or below a price floor. They generally apply to cars bought from dealers, not private sellers.
• The original factory warranty is still running. Many state new-car lemon laws follow the vehicle rather than the first owner, so a defect reported within the original protection period may still qualify, even for a second owner.
• A written dealer or certified pre-owned warranty was given. That opens the federal Magnuson-Moss Warranty Act, which applies to any consumer product sold with a written warranty and lets a successful buyer recover attorney fees.
• The seller lied. Undisclosed accident history, a rolled-back odometer, a salvage or flood title, or a concealed known defect support claims under state consumer-protection laws and the federal odometer statute, independent of any lemon law.

Examples of used-car statutes

New York's used-car lemon law, for instance, requires dealers to give a written warranty on used cars sold for more than a minimum price, with coverage periods that shrink as mileage rises, and allows a refund after three failed repairs of the same covered defect. Massachusetts requires dealers to warrant used cars for 30 to 90 days depending on mileage and bars “as is” sales by dealers of most used cars, and also gives buyers a right to cancel within seven days if a car fails its state inspection for safety or emissions problems. Other states' rules differ in the thresholds and remedies, so the specific statute matters.

The “as is” problem

The Federal Trade Commission's Used Car Rule requires dealers to post a Buyers Guide in the window stating whether the vehicle is sold with a warranty or “as is.” The Buyers Guide becomes part of the sales contract and overrides anything contrary in the contract. An as-is sale removes implied warranties in most states — but a handful, including Massachusetts, do not permit dealers to disclaim them, and as-is never protects a seller who made false statements about the car.

Implied warranties

Unless validly disclaimed, the law implies a warranty of merchantability: the car must be fit for ordinary driving. A car that breaks down days after purchase with a pre-existing major defect may breach that warranty even without any written promise. The claim is under state commercial law, usually within four years of the sale.

Private sales

Buying from a private individual gives the fewest protections. Lemon laws and the Used Car Rule do not apply, and most private sales are as is. The main remedy is a fraud claim if the seller knowingly misrepresented the car's condition or history, which usually has to be pursued in small claims or civil court.

What to do first

1. Gather the Buyers Guide, the sales contract and any warranty documents.
2. Pull a vehicle history report and check the title history for salvage, flood or buyback brands.
3. Get an independent inspection that documents the defect and, if possible, when it likely began.
4. Write to the dealer describing the problem and what you want — repair, refund or cancellation — and keep a copy.

Those four items are what any consumer lawyer will ask for.

Deadlines

Used-car warranties under state statutes are short, so report problems immediately — ideally in writing within days. Fraud and consumer-protection claims have longer deadlines, often two to six years, but evidence and leverage fade quickly.

Before your next purchase

Ask for a pre-purchase inspection by an independent mechanic, read the Buyers Guide before signing, and prefer cars with a remaining factory warranty or a written dealer warranty. Those three steps prevent most of the disputes described here.

A consumer lawyer can often take these cases on a fee-shifting basis, meaning the dealer pays the fees if you win.