When one buys a car, they expect the car to function correctly and be safe. Occasionally, cars malfunction. Cars that malfunction are called “lemons.” That is where the Lemon Law comes into play. It protects the consumers from such faulty vehicles. Another question still lingers in the minds of all: Does the Lemon Law apply to used cars? Short answer: Yes, but it just depends where you live and what type of vehicle you purchase.
In this piece, we are going to outline what the Lemon Law is, what it covers in used cars, and what you can do if you feel you have bought a lemon.
What is the Lemon Law?
Lemon Law is a piece of legislation that was enacted for the protection of the consumers. The law takes effect whenever there is a significant problem with a vehicle that cannot be fixed even if it has been maintained. Most of the states have its own Lemon Laws. The laws primarily cover new vehicles, but a few states also cover used cars under certain conditions.
In order for the vehicle to qualify,
- It should have a serious problem or defect
- Still exhibit the problem after numerous repairs
- Be under warranty when the problem arises
Does Lemon Law Cover Used Vehicles?
A few states claim yes, the Lemon Law does cover used vehicles. But not all used vehicles. The protection is based on:
- The state you reside in
- Whether the vehicle was under warranty
- How long it’s been since the vehicle was purchased
- How many miles were traveled
Let’s discuss these further.
It Varies with the State
Each state of the United States of America has a different type of Lemon Law. The protection may extend to used cars and new cars, or it may be new car only.
For example,
California: They are covering used cars which are being sold with a warranty.
New York: They have the Used Car Lemon Law which covers the buyer for a specified number of days or miles.
Florida: They have a Lemon Law that only covers new vehicles.
So check what your state’s laws are. You can do this by going to your state’s attorney general website or by talking to a consumer attorney.
Warranty is Very Important
If your used vehicle is covered under a warranty, it could be covered under the Lemon Law as well. Your warranty could be from:
- The manufacturer of the car
- A dealer
- A third party
If it does happen within the warranty period and has not yet been fixed after multiple attempts, then you most certainly do have a case under the Lemon Law.
But if you bought the automobile “as-is,” (i.e., no warranty), the Lemon Law most likely won’t cover you. It is always best to buy a used vehicle with some form of written guarantee.
Time and Mileage Limits
Most of the Lemon Laws for used cars have either mileage or time limitations. For example, the legislation can state:
- You are covered for 30 days since you bought the car
- Or you are covered in the first 1,000 miles
What it means is that when your vehicle fails within that mileage or time limit and is irreparable, then you likely can use the Lemon Law.
If the vehicle does ever break down, the Lemon Law will still not protect you even if the defect had started before then. It makes sense, therefore, to note the date on which you first noticed the problem and when you had the car in for repair.
What Kind of Problems Are Included?
The Lemon Law protects only major problems. These problems must:
- Affect the car’s use, value, or safety
- Still linger after the dealer or mechanic has tried to fix them
Some of the issues that are warranty-covered could be:
- Engine failure
- Transmission issues
- Brake issues
- Steering or suspension failure
Minor issues like a bad radio or loose mirror are not warranty-covered.
What If I Bought the Vehicle “As-Is
Most used vehicles are sold “as-is.” That is, the seller isn’t promising that the vehicle runs or will run. The buyer is responsible for himself here.
If you entered into an “as-is,” the Lemon Law won’t cover you. A couple of things you can do, however:
- If the dealer lied about or hid a significant defect, you may have a claim based on fraud or consumer protection law
- If the car was in a not road-worthy condition when sold, this can be a violation of the Implied Warranty of Merchantability
In these cases, you should talk to an lemon law attorney or your state’s consumer affairs office.
Steps to Take If You Think You Bought a Lemon
If you believe your used car is a lemon, read on.
Read Your Warranty
Inspect your vehicle to see if there is any type of written or implied warranty. This will tell you what your rights are.
Document Everything
Make sure you retain all receipts, repair orders, and remarks from the mechanic. Record dates and what was performed.
Give the Dealer an Opportunity to Cure
Most Lemon Laws require the dealer to at least twice or three times try to fix the car. In other instances, they require the car to remain in disrepair for some period of time (like 30 days) for the same flaw.
Negotiate with the Dealer or Manufacturer
Inform them of the flaw. Try to resolve matters before going to court.
Negotiate with a Lemon Law Attorney
If you are still not sure, talk to a lawyer who handles Lemon Law. Most offer free consultations.
File a Complaint
You can file a complaint with your state attorney general’s office or the Better Business Bureau (BBB).
What Can You Recover If You Win a Lemon Law Case?
If you win your case, you may:
- Receive a full or partial refund
- Have a replacement car
- Be compensated for repair expenses
- Paid for towing or rental charges
Depends on the law in your state and the circumstances of your unique situation.
Advice on Not Purchasing a Lemon
Although the Lemon Law will protect you, it is always better not to purchase an imperfect vehicle in the first place. Here are some easy tips:
- Purchase a vehicle history report (such as Carfax)
- Have your own professional mechanic inspect the vehicle
- Purchase from a reputable dealer
- Have it all in black and white, like the return policy and warranty
- Avoid “as-is” sales
Conclusion
So, does the Lemon Law cover used cars? Yes, occasionally. It just depends on where you live, whether you have a warranty, and how big of an issue it is. Not all used cars are covered, but you still have a few rights as a buyer.
If you think you bought a lemon, don’t panic. Document, keep your records, and make your voice heard. And don’t forget—when buying a used vehicle, research always. That’s the only way to drive off with a clear mind.
