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Lemon law for used cars
Most lemon laws are written for new cars, but a used car can still be covered. In 34 states a later owner can use the lemon law in some cases, mostly when the car changed hands while the maker's original warranty still ran. Massachusetts also has a separate used car law. In the other 17 states the lemon law covers new cars only, and a used car buyer relies on the warranty, the dealer's implied warranties and federal warranty law.
Used cars, state by state
| State | What the law says about used cars |
|---|---|
| Arizona | Limited. Under A.R.S. 44-1267, the implied warranty on a dealer's used car lasts 15 days or 500 miles after delivery, whichever is earlier. |
| Arkansas | This law covers new or previously untitled vehicles. A later owner who can enforce the warranty during the 24-month or 24,000-mile period is also covered. |
| California | The law treats dealer-owned vehicles and demonstrators sold with a manufacturer's new car warranty as new motor vehicles. |
| Connecticut | The law is for new vehicles, but someone who gets the car while its express warranty still applies also counts as a consumer and can use the law. |
| Florida | The law is for new vehicles, but a person who gets the vehicle for personal use during the 24-month rights period also counts as a consumer. |
| Hawaii | Limited. A later owner who gets the vehicle while the express warranty is in effect counts as a consumer, but only within the rights period. Used cars sold by dealers have a separate warranty law, HRS chapter 481J. |
| Idaho | This law covers new vehicles. A person to whom a new vehicle is transferred while the manufacturer's warranty still applies counts as a consumer. |
| Indiana | The Attorney General's guide counts the 18 months from when the car first left the dealership, not from when the current owner bought it. It does not say directly whether a later buyer is covered. |
| Iowa | Only in part. The law covers buyers of new or previously untitled vehicles, and anyone else entitled to enforce the warranty during the lemon law rights period. |
| Louisiana | Used cars are covered only if ownership passed to you while the manufacturer's express warranty was still in effect. |
| Maine | Used cars are covered only if they are still under the manufacturer's express warranty and within the 3-year or 18,000-mile period. |
| Maryland | A used car is covered only if it was transferred to you while the original warranty period was still running. Maryland has no separate used car lemon law in this subtitle. |
| Massachusetts | Yes, under a separate used car law (ch. 90, § 7N1/4). Dealers must give a written warranty on used cars: 90 days or 3,750 miles under 40,000 miles, 60 days or 2,500 miles from 40,000 to 79,999 miles, and 30 days or 1,250 miles from 80,000 to 124,999 miles. |
| Michigan | Only partly. The law covers vehicles that had a manufacturer's warranty when bought or leased, and the use deduction counts miles by any previous owner. Michigan has no separate used car lemon law in this act. |
| Minnesota | The lemon law covers a used car only if it was transferred during the original warranty. A separate law, Minn. Stat. 325F.662, requires dealers to give a written warranty on used cars (for example 60 days or 2,500 miles if under 36,000 miles). |
| Mississippi | Only partly. A later owner is covered if the car was transferred while the original express warranty still applied. The Act has no other used car rules. |
| Missouri | Only partly. A later owner is covered if the car was transferred while the original express warranty still applied. |
| Montana | Only partly. Someone the vehicle is transferred to during the manufacturer's express warranty is covered. Montana has no separate used car lemon law in this part. |
| Nevada | Only partly. Someone the vehicle is transferred to while the manufacturer's express warranty is still in effect counts as a buyer. Nevada has no separate used car lemon law in these sections. |
| New Hampshire | Only partly. The law covers vehicles still under the manufacturer's express warranty, and anyone the vehicle is transferred to during the warranty counts as a consumer. New Hampshire has no separate used car lemon law in this chapter. |
| New Jersey | The lemon law also protects a person who gets the car while its warranty is still in effect. A separate used car law (N.J.S.A. 56:8-67 and following) requires dealers to give a written warranty on used cars, with length based on mileage. |
| New Mexico | Yes, in a limited way under § 57-16A-3.1. A used car dealer cannot disclaim the implied warranty that the car is fit to drive until 15 days or 500 miles after delivery, whichever comes first. The owner pays half the cost of the first two repairs, up to a cap. |
| New York | Used cars are covered by a separate used car lemon law (Gen. Bus. Law § 198-b) that requires a dealer warranty. It applies only to cars bought or leased from a New York dealer for at least $1,500 with under 100,000 miles, and the warranty runs from 30 days/1,000 miles to 90 days/4,000 miles depending on mileage. |
| North Carolina | North Carolina has no separate used car lemon law. A later owner may be covered only if entitled to enforce the original new car warranty, within the original protection period. |
| Rhode Island | This lemon law covers new vehicles. A separate law, R.I. Gen. Laws ch. 31-5.4, requires dealers to give a written warranty on used vehicles: at least 60 days or 3,000 miles for vehicles with 36,000 miles or less, and 30 days or 1,000 miles for vehicles with up to 100,000 miles. |
| Tennessee | Partly. The law is for vehicles bought new, but a later owner may be covered while the manufacturer's original warranty is still in effect. |
| Texas | Partly. A used vehicle still under the manufacturer's original warranty may get repair help under the Texas warranty performance law (Tex. Occ. Code § 2301.204), but only new vehicles can get a refund or replacement. |
| Utah | This law covers new vehicles. A person to whom a new vehicle is transferred during the protection period counts as a consumer. |
| Vermont | Used vehicles can qualify if the first repair happened within the manufacturer's express warranty and the other requirements are met. |
| Virginia | Under certain conditions this law can apply to used vehicles, for example when a vehicle is transferred to a new owner during the warranty. |
| Washington | Washington has no separate used car lemon law. A later owner who gets the vehicle within the eligibility period, still under the manufacturer's warranty, keeps the same rights. |
| West Virginia | Used cars are covered only in a limited way: a later owner who gets the vehicle while the manufacturer's express warranty is still in effect can use this law. West Virginia has no separate used car lemon law in this article. |
| Wisconsin | Used cars are covered only in a limited way: someone who gets the car before the manufacturer's warranty ends counts as a consumer under this law. |
| Wyoming | There is no separate used car lemon law in this section. A person who gets the vehicle while the express warranty is still in effect counts as a consumer. |
New cars only: Alabama, Alaska, Colorado, Delaware, District of Columbia, Georgia, Illinois, Kansas, Kentucky, Nebraska, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota.
Bought from a dealer: read the Buyers Guide
Every used car on a dealer's lot carries a window sticker from the Federal Trade Commission, the Buyers Guide. It says whether the car has a dealer warranty or is sold as is.
“Dealers have to display a Buyers Guide in every used car they offer for sale.”
FTC, Buying a Used Car From a Dealer
“As Is - No Dealer Warranty means the dealer won’t pay for any problems or needed repairs.”
FTC, Buying a Used Car From a Dealer
A car sold with a written warranty also keeps the implied warranties: the promise that it will run and do what a car should. Federal law does not let a seller who gives a written warranty take those away.
“If a used car doesn’t come with a written warranty, it’s still covered by implied warranties”
FTC, Buying a Used Car From a Dealer
“No supplier may disclaim or modify (except as provided in subsection (b)) any implied warranty to a consumer with respect to such consumer product if (1) such supplier makes any written warranty to the consumer”
Magnuson-Moss Warranty Act, 15 U.S.C. § 2308
Still under the maker's warranty
Most new car warranties pass to the next owner. If yours still runs, the maker must repair defects it covers, and in the states in the table above a later owner can use the lemon law too, within the state's limits. Keep every repair order from the day you bought it, and ask the seller for the earlier ones.
Certified pre-owned
A certified pre-owned car comes with a written warranty, often backed by the maker. That warranty is enforceable under federal law. The lemon law applies too only in some states, and only if the maker's original warranty was still running when you bought it.
Bought from a private seller
A private seller is not a maker or a dealer. Lemon laws and the Buyers Guide rule do not apply, and most private sales are as is. What you can claim depends on what the seller promised in writing, and on the general rules against lying about a car's condition.
Questions people ask
Does the lemon law apply to used cars?
In 34 states it can, mostly when the car was sold while the maker's original warranty still ran. In 17 states it covers new cars only. The table on this page lists each state.
Is there a 30 day lemon law on used cars?
No federal rule gives you 30 days to return a used car. Federal law doesn't require dealers to give you three days to cancel the deal and return the car. A few states make dealers give a short written warranty on used cars, and some dealers offer a return policy of their own: get it in writing.
Does the lemon law cover a certified pre-owned car?
The certification warranty is enforceable under federal warranty law. The lemon law applies only where your state covers used cars and the maker's original warranty still ran when you bought it.
Does the lemon law cover a car from a private seller?
No. Lemon laws put duties on makers and dealers, not on private sellers. A private sale is usually as is.
What can I do if my used car is not covered?
Use the warranty, if there is one, and keep every repair order. A dealer who gave a written warranty cannot drop the implied warranties, and federal warranty law lets you sue for a broken warranty and recover lawyer fees if you win.
Sources
- FTC, Buying a Used Car From a Dealer (consumer.ftc.gov)
- Magnuson-Moss Warranty Act, 15 U.S.C. § 2308 (law.cornell.edu)
- Magnuson-Moss Warranty Act, 15 U.S.C. § 2310(d)(2) (law.cornell.edu)
- Each state's lemon law, quoted and linked on its state guide.
Quotes are copied from the page they link to, checked October 26, 2026.
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