Not all states protect used car buyers, but many do—this guide explains where and how.
Do Lemon Laws Cover Used Cars?
Lemon Laws don’t always protect used car buyers. In many states, these laws only apply to new vehicles sold with a manufacturer’s warranty. Some states offer limited protection for used cars sold by licensed dealers, especially if the vehicle is still under warranty. A few states, like New York and New Jersey, have specific rules for used cars with less than a certain number of miles.
Private party sales—like buying from someone on Craigslist or Facebook Marketplace—usually aren’t covered at all.
If you bought your used car “as-is,” chances are you’re not covered under Lemon Law. But if your car came with a warranty, you may still have options.
This article breaks down which states protect used car buyers, how to know if your car qualifies as a lemon, and what steps to take if it does. Don’t assume you’re stuck just because your car isn’t brand new.
What Makes a Used Car a “Lemon”?
A used car becomes a lemon when it has a serious defect that keeps coming back—something that affects the car’s safety, use, or value. Common examples include engine failure, transmission problems, or brake issues.
To qualify under most Lemon Laws, the dealer or manufacturer must have had a reasonable number of chances to fix the problem—usually 3 or 4 repair attempts for the same issue. In some cases, the car being in the shop for 30 or more days also counts.
The defect must be more than a minor inconvenience. Rattling noises, cosmetic flaws, or broken cup holders usually don’t qualify.
Whether your car is still under warranty plays a big role. Many states only apply Lemon Law protections if the issue happens during the warranty period—especially for used cars.
If your car keeps breaking down after multiple repairs, you may be dealing with a lemon. Start documenting
Which States Have Lemon Laws That Cover Used Cars?
Used car Lemon Law coverage depends on where you live. Some states offer strong protection, while others limit coverage to new vehicles only.
New York requires dealers to give a written warranty for used cars under 100,000 miles. The coverage lasts 30 to 90 days, depending on mileage.
Massachusetts has a Used Vehicle Warranty Law that covers dealer sales, not private sales.
New Jersey protects buyers of used cars under 100,000 miles if sold by licensed dealers. Warranty length depends on mileage.
Connecticut provides warranty coverage for used cars sold by dealers if they meet certain age and mileage limits.
Minnesota has a statutory used car warranty that varies based on how many miles the car has at the time of sale.
California recently changed its Lemon Law. Under AB 473 and AB 179, used cars are excluded unless still covered by the original manufacturer’s new car warranty.
In most other states, Lemon Law coverage only applies to new vehicles or used cars still under factory warranty. If your state doesn’t offer protection for used cars, you may still have other legal options—which we’ll cover later in this article.
What About Certified Pre-Owned (CPO) Vehicles?
Certified Pre-Owned (CPO) vehicles usually include an extended warranty from the manufacturer. That warranty is the key to whether Lemon Law applies.
If the defect happens during the CPO warranty period, and the issue isn’t fixed after multiple repair attempts, Lemon Law may apply—depending on your state.
For example, a certified BMW under its extended CPO warranty could qualify if the transmission fails repeatedly and the dealer can’t resolve the issue after 3–4 visits.
But just being labeled “certified” doesn’t automatically trigger Lemon Law rights. You still need:
- A serious defect that affects use, value, or safety
- Proof that the dealer or manufacturer had a fair chance to fix it
- A strong paper trail, including all repair orders and warranty details
Treat a CPO vehicle like any other potential lemon: document everything, act quickly, and keep all service records. This makes it easier to qualify for protection if the car turns out to be defective.
Are Private Party Sales Covered by Lemon Law?
In most states, Lemon Law does not apply to private party sales. If you buy a car directly from another person, the sale is usually “as-is.” That means you take the risk unless the seller made false claims or hid a known defect.
If the car turns out to be a problem, there are still other legal options available to you. You might file a case under fraud laws or take the seller to small claims court.
To protect yourself, always get a pre-purchase inspection, ask questions in writing, and make sure the sale terms are clearly documented before handing over any money.
What Legal Options Exist If Lemon Law Doesn’t Apply?
If your state’s Lemon Law doesn’t cover your situation, the Magnuson-Moss Warranty Act may help. This is a federal law that applies in all 50 states and covers cars—even used ones—as long as there’s a written or implied warranty.
If your vehicle has a warranty and a serious defect that hasn’t been fixed after multiple repair attempts, you may be able to file a claim under this law. You could receive a refund, a replacement vehicle, or cash compensation.
Lawyers often use Magnuson-Moss when state Lemon Law doesn’t apply, especially for used cars still under warranty.
The law also lets you recover attorney’s fees, so many attorneys take these cases on a contingency basis—meaning you pay nothing unless they win.
If you’re unsure whether you qualify under state or federal law, a free consultation with a Lemon Law attorney can help you figure out your next step.
What Should I Do If I Think My Used Car Is a Lemon?
Start by going to the dealer or an authorized service center—not a local mechanic. Lemon Law and warranty claims usually require that the manufacturer has a chance to fix the issue.
Keep a repair log that documents each visit, the dates, and what the dealer did. Save every receipt and service report.
Write down how many days your car spent in the shop. If the issue is visible or comes and goes, take photos or video as proof.
Always ask for a written repair order that clearly describes the problem you reported, even if the dealer says they can’t find anything wrong.
These records help build a strong case—whether you’re using state Lemon Law or the Magnuson-Moss Warranty Act. The more complete your documentation, the better your chance at a refund, replacement, or cash payout if the problem can’t be fixed.
Should I Talk to a Lemon Law Attorney About a Used Car?
Yes—especially if your used car is still under a written warranty and the defect keeps coming back.
Most Lemon Law attorneys offer a free consultation to review your repair history and warranty documents.
Many lawyers work on a contingency basis, which means you pay nothing unless they win your case.
An experienced attorney can tell you whether state Lemon Law, the Magnuson-Moss Warranty Act, or another law applies.
Don’t wait. Every legal claim has a deadline, and missing it could cost you the chance to recover anything.
If your car qualifies, a lawyer can make the process much easier.
What Compensation Can I Get for a Used Lemon?
If your used car qualifies as a lemon, you may be entitled to:
- A refund of what you paid
- A replacement vehicle of similar value
- Or a cash settlement
You may also be reimbursed for towing, rental cars, and repair costs related to the defect.
Don’t Give Up If Your Used Car Is a Lemon
Used cars don’t offer as much protection as new ones—but you still have rights.
If your car keeps failing after multiple repairs, legal options may be available. Speak with a Lemon Law or warranty attorney today.
You may be closer to a refund or settlement than you think.