The answer to this question is quite simple; it all depends on where you live. Every state has a lemon law and in all cases they are somewhat different although there are some commonalities. For the law to apply your car must have a serious defect that cannot be rectified after so many attempts, it may be necessary for the car to still be under warranty and the defect must occur within a certain period of time after you purchased the car.
In the majority of states only new cars and cars taken on a long lease are covered under the lemon laws however there are states that cover both new and used cars. The coverage varies, in Florida both new and demo vehicles are covered, in Michigan for example only new cars are covered while in Wisconsin and five other states both new and used cars are covered.
Protection for a used car buyer:
The laws that are in force when a consumer purchases a used car vary considerably from one state to another, most are not nearly as robust as the laws that protect new car buyers. Having said this, there are federal laws that might be of some help in the event a used car that you buy turns out to be a lemon. The UCC, Universal Commercial Code includes a statement that says used cars are automatically granted an implied warranty that declares the car is fit for operation, the only other proviso is if the car is sold “as is” then there is no implied warranty in effect.
The FTC has a rule that requires dealers to say whether the car is being sold as-is or whether the car is covered by a warranty and if so, what percentage of the cost of repairs will the warranty cover. The consumer is further protected by the Magnuson-Moss Act which states that warranties cannot be deceptive or fraudulent.
As the protection afforded a consumer who purchases a used car is in many cases not clearly defined it is in the best interest of the consumer to shop for a used car very carefully and to keep all repair records and service reports. If you find that you are embroiled in a claim with a dealer these repair and maintenance records will be taken as proof that the used car you purchased was a lemon. With the lemon law for used cars being so complex it might be a good idea to consult with a lemon law attorney to see if you have a valid claim.
The lemon law for used cars is nowhere as clean-cut as the laws are for new cars. If you have purchased a used car and you think it can be classified as a lemon then contact us at yourlemonlawrights.com.
