Lemon Law for Used Cars: Do You Qualify?

Used cars qualify for lemon law more often than people expect. The test is simpler than the marketing makes it sound: the vehicle has to be covered by some kind of warranty when the defect appears, and the defect has to be one the dealer cannot fix.

Three warranty types put a used car in lemon law range. First, the original factory warranty, most carry over to the second owner if there is mileage and time left on it. Second, a written dealer warranty issued at sale, which is common on certified pre-owned (CPO) vehicles. Third, a third-party service contract or extended warranty that covers the specific component that failed.

The defect tests work the same as for new cars. Repeat repair attempts for the same issue, typically four for general defects, two for safety. Cumulative days out of service, usually 30 within the warranty period. The defect has to substantially impair use, value, or safety.

Recurring problems we see most on used cars: transmission failures, recurring check-engine codes, electrical and infotainment glitches that disable safety features, and air conditioning that fails repeatedly. CPO vehicles are particularly worth checking, manufacturers often inspect and warranty CPO inventory directly, which means the manufacturer (not the dealer) is on the hook for fixing it.

If you bought "as-is" and there is no written warranty in the paperwork, lemon law generally does not apply. But check the contract carefully, verbal promises at the dealership about coverage are sometimes enforceable as implied warranties, and we have won cases on that basis.

Curious if your specific situation qualifies? Our qualifications page walks through the test, or call us and we will read your paperwork before you spend more on repairs.