General legal information for the United States, not legal advice. Read the disclaimer

Lemon Laws for Used Cars: What Protection Do You Have?

Photo: Tingey Injury Law Firm / Unsplash

Most lemon laws focus on new vehicles, but used car buyers may still have rights under other laws and warranties.

State differences

A few states extend lemon law protection to used cars, often when sold with a dealer warranty or within a certain age or mileage. Many do not. Check your state attorney general's consumer protection page.

Other protections

  • Implied warranty of merchantability in states that allow it, unless the car was sold "as is" in a way the law permits.
  • Dealer warranties and service contracts.
  • The remaining manufacturer warranty on newer used cars.
  • Fraud and misrepresentation laws, such as odometer or accident history fraud.
  • The FTC Buyers Guide requirements for dealers.

Steps if you have a defective used car

  1. Keep the sales documents, Buyers Guide and repair records.
  2. Notify the seller in writing and request a remedy.
  3. Check warranty terms and deadlines.
  4. File a complaint with the state attorney general or motor vehicle regulator.
  5. Consider small claims or a consumer lawyer.

More information

See our guides to lemon laws and to buying a used car "as is".

Frequently asked questions

Does a dealer have to take back a bad used car?

Usually not unless the contract, warranty or law requires it.

Is a pre-purchase inspection worth it?

Yes, it can reveal problems before you buy.

Keep reading