Keith Mack
Lemon laws are consumer protection laws that typically apply to new car purchases. However, some states in the US, including California, Texas, and New York, have lemon laws that cover used cars as well. These laws provide buyers with certain rights and protections if they purchase a defective vehicle. The specific protections offered by lemon laws vary from state to state, but generally, they require dealers to provide a written warranty for used cars, covering repairs for defects in covered parts. If the dealer is unable to repair the car after a reasonable number of attempts, buyers may be entitled to a refund or replacement. It is important for buyers to keep careful records of all complaints, repair attempts, and correspondence when dealing with a potentially defective used car purchase.
| Characteristics | Values |
|---|---|
| States with lemon laws for used cars | California, Texas, New York, Arizona, Arkansas, Connecticut, Delaware, Massachusetts |
| Requirements for lemon law to apply | Must be bought from a dealer, not a private individual; must be bought after 18,000 miles or two years from original delivery; must be bought for at least $1,500; must have been driven fewer than 100,000 miles at the time of purchase; must be used primarily for personal purposes |
| Lemon law warranty | Dealer must provide a written lemon-law warranty and repair any defects in covered parts free of charge; if the dealer cannot repair the car after a reasonable number of tries, the buyer may be entitled to a full refund |
| Exclusions | Does not cover parts such as battery, body, tires; manufacturer is not required to refund or replace if the problem does not greatly reduce the car's value or is a result of abuse, neglect, or unauthorized modifications; law does not apply if the car has more than 100,000 miles on it |
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What You'll Learn
Lemon laws in California, Texas, and New York
Lemon laws are designed to protect consumers from purchasing defective vehicles or consumer goods that impede their functionality, safety, or value, especially when the manufacturer is unable to repair the defects within a reasonable period. While consumer protection laws typically apply to new car purchases, some states, including California, Texas, and New York, have used car lemon laws.
California
California's lemon law applies to new, used, and leased vehicles. It covers your car if there is a problem that makes it hard to use, lowers its value, or makes it unsafe, and the dealer cannot repair the defect after a reasonable number of attempts. California's lemon law also covers appliances such as refrigerators, freezers, ranges, microwave ovens, washers, dryers, dishwashers, and air conditioners. If your vehicle or product meets the definition of a "lemon," California's Lemon Law provides remedies, including the potential buyback of the defective product or replacement, plus legal expenses and incidental costs.
Texas
The Texas Lemon Law is administered by the Texas Department of Motor Vehicles and helps consumers who buy or lease new motor vehicles and have repeated problems getting their vehicles properly repaired under the manufacturer's original warranty. The law covers new vehicles, including cars, trucks, vans, motorcycles, all-terrain vehicles, motor homes, towable recreational vehicles, and neighborhood electric vehicles that develop defects covered by a manufacturer's written warranty. Demonstrator vehicles that have not been previously titled are considered new vehicles. The law does not cover repossessed vehicles, non-travel trailers, boats, or farm equipment.
New York
New York's New and Used Car Lemon Laws offer a remedy for newly purchased cars that are not performing as promised by the warranty. The New Car Lemon Law protects those who buy or lease new cars or motor homes that turn out to be "lemons." If the manufacturer or its authorized dealer is unable to repair the car after a reasonable number of attempts, you may be entitled to a full refund or a comparable replacement car. The Used Car Lemon Law protects those who buy or lease used cars from a New York dealer, provided the car was purchased, leased, or transferred within 18,000 miles or two years from the date of original delivery, and is used primarily for personal purposes.
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Arizona lemon law for used vehicles
Lemon laws protect consumers when purchasing vehicles at auto dealerships, and car warranties often add a layer of protection for buyers. While consumer protection laws typically apply to new car purchases, some states, including California, Texas, and New York, have used car lemon laws.
In Arizona, the lemon law for used vehicles states that if a major component of your car breaks before the earlier of 15 days or 500 miles after you buy the car, you will be covered. You’ll be responsible for up to $25 for the first two repairs, but the consumer can recover the purchase amount for the car.
If your motor vehicle purchase involved deception or unfair practices that may have violated the Arizona Consumer Fraud Act, you should file a complaint with the Arizona Attorney General's office. All complaints are forwarded to the business for response and many are resolved.
In addition, service contracts or extended warranties can provide for the repair of certain parts or problems. These contracts are offered by manufacturers, dealers, or independent companies. When deciding whether to purchase a service contract or extended warranty, consider who the provider of the coverage is and whether it is a manufacturer’s policy or offered by a private company that may be unreliable or go out of business.
Used car service contracts may count the mileage or time period from the time the car was new. For example, the purchase of a 75,000-mile extended warranty on a used vehicle with 40,000 miles is only in effect for the remaining 35,000 miles.
The Arizona Lemon Law explains that if, after a reasonable number of attempts or repair time, the manufacturer, its agents, or its authorized dealers do not conform the vehicle to an express warranty by repairing or correcting any defect or condition that substantially impairs the use and value of the motor vehicle to the consumer, the manufacturer must replace the vehicle with a comparable new vehicle or accept the return of the vehicle and refund the full purchase price, including all collateral charges, less a reasonable allowance for the consumer’s use of the vehicle.
Arizona consumers with lemon vehicles may be protected under either the Arizona Lemon Law, the Magnuson-Moss Warranty Act (the federal lemon law), or both. Remedies may include refund, replacement, or cash compensation such as diminished value and/or incidental and consequential damages. Attorneys’ fees are also available, meaning qualified consumers may receive Arizona lemon law attorney representation at no cost.
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Lemon law in Alabama
Lemon laws are consumer protection laws that typically apply to new car purchases. However, some states in the US, such as California, Texas, and New York, have used car lemon laws. While lemon laws in most states cover leased vehicles, there are exceptions in certain states. For instance, Nevada and New Mexico legislation does not include leases, and Alabama and Colorado lemon laws exclude motorhomes.
In Alabama, lemon laws apply to new vehicles but not motorhomes or vehicles over 10,000 pounds. If a vehicle has a problem that makes it hard to use, decreases its value, or makes it unsafe within the first year or 12,000 miles, the buyer may be entitled to a refund or replacement. Repairs must be made within 24 months of delivery of the vehicle or 24,000 miles. To qualify for relief under Alabama's lemon law, the buyer must have given the dealer at least one opportunity to repair the vehicle during the first 12 months or 12,000 miles, and the manufacturer at least three additional attempts within the first 2 years or 24,000 miles, or the vehicle has been out of service for 30 cumulative days.
Alabama consumers with lemon vehicles may be protected under the Alabama Lemon Law, the Magnuson-Moss Warranty Act (the federal lemon law), or both. Remedies may include a refund, replacement, or cash compensation, including diminished value and incidental and consequential damages. Attorneys' fees may also be covered, meaning qualified consumers may receive legal representation at no cost.
In Alabama, any action brought against the manufacturer under the lemon law must be commenced within three years of the original delivery of the vehicle to the consumer.
While lemon laws typically apply to new vehicles, used vehicles may also be covered under certain circumstances. In some states, used vehicles are protected by lemon laws when they are still under the manufacturer's new car warranty, with any remaining time on the warranty protecting the car's new owner. In New York, used cars are covered by lemon laws if they meet certain conditions, including being purchased or leased after 18,000 miles or two years from the original delivery, having a value of at least $1,500, and being used primarily for personal purposes.
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Lemon law rights in each state
Lemon laws are designed to protect consumers who have purchased defective products that do not work properly and may not be fit for use. While there is a federal lemon law, each state in the US has its own lemon law, and these laws differ from state to state. In general, federal lemon law is broader than state lemon laws, but its monetary remedies are more limited.
State lemon laws apply only to vehicles, while federal law covers all products that come with a written warranty. Most state lemon laws only cover new vehicles, while federal law covers used cars that came with a written warranty. State lemon laws also specify that a manufacturer must provide a refund or replacement for a defective new vehicle when a substantial defect cannot be fixed in a certain number of attempts, a safety defect within a certain number of attempts, or if the vehicle is out of service for a certain number of days within a specific timeframe or mileage.
Some state lemon laws cover only certain classes of vehicles, such as vehicles purchased for individual use but not for business use, or vehicles under a certain gross weight. Some state lemon laws also refer to the original purchase date rather than the date of the used vehicle purchase.
It is important to note that lemon laws do not apply to dealerships, as they do not warrant the vehicle—the manufacturer does. Lemon laws offer remedies that exceed the scope of a vehicle manufacturer's warranty. While a manufacturer's warranty might obligate a vehicle manufacturer to make a repair at no cost to the consumer, warranties do not include maximum time periods for the completion of repair, nor do they trigger buy-back provisions if the repair cannot be completed within a certain time.
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Lemon law warranty
Lemon laws are designed to protect consumers when purchasing vehicles at auto dealerships, and car warranties often add a layer of protection for buyers. These laws vary by state, and while most lemon laws cover leased vehicles, there are some states, like Nevada and New Mexico, where legislation does not include leases.
In some states, lemon laws for used vehicles apply when the car is still under a manufacturer's new car warranty. In this case, the remaining time on the warranty protects the car's new owner. For example, in Arizona, the lemon law for used vehicles states that if a major component of the car breaks within the first 15 days or 500 miles after purchase, the consumer is covered. The buyer is responsible for up to $25 for the first two repairs, and if the dealer is unable to repair the car, the consumer can recover the purchase amount.
In other states, like New York, lemon laws for used cars require dealers to provide a written warranty. Under this warranty, the dealer must repair any defects in covered parts at no cost to the consumer. If the dealer cannot repair the car after a reasonable number of attempts, the consumer can request arbitration and may be entitled to a full refund. To qualify for protection under New York's lemon law, the used car must meet certain conditions, including being purchased or leased from a New York dealer, having a price or lease value of at least $1,500, and being used primarily for personal purposes.
In Massachusetts, the lemon law also applies to used vehicles and provides a process for consumers to seek compensation if their car has issues that keep it from working properly. The law covers certain defects in the vehicle and requires dealers to accept the vehicle for repair within three business days of a request. If the dealer refuses to take the car or fails to repair the defect within the specified timeframe, consumers may be able to seek arbitration or other legal remedies.
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Frequently asked questions
Lemon laws are consumer protection laws that apply to car purchases. They require dealers to provide a written warranty, under which they must repair any defect in covered parts at no cost to the buyer.
Lemon laws typically apply to new car purchases. However, some states in the US, including California, Texas, and New York, have lemon laws that cover used cars as well.
For a used car to be covered by lemon law in New York, it must meet the following conditions:
- It was bought, leased, or transferred after 18,000 miles or two years from the original delivery, whichever came first.
- It was bought or leased from a New York dealer.
- Its price or lease value was at least $1,500.
- It had been driven fewer than 100,000 miles at the time of purchase or lease.
- It is used primarily for personal purposes.
If your used car is a lemon, you should keep careful records of all complaints, work orders, repair bills, and correspondence. You should then contact the dealer or manufacturer, who is required to repair the car under the lemon-law warranty. If they are unable to fix the issue after a reasonable number of attempts, you may be entitled to a refund or replacement.
In Arizona, the lemon law for used vehicles states that if a major component of your car breaks within the first 15 days or 500 miles after purchase, you will be covered. You will be responsible for up to $25 for the first two repairs, and you may be able to recover the purchase amount if the dealer cannot fix the issue.
