The Used Car Lemon Law - What it Means

By Derek Hudson

Lemon laws vary from state to state, but they exist essentially to protect consumers from purchasing vehicles that consistently fail to meet particular quality standards. If you're interested in lemon laws and how they can protect you, keep reading to learn the answers to some frequently asked lemon law questions.


Is There a Federal Lemon Law?


Yes, the blanket federal lemon law is the Magnuson-Moss Warranty Act and it protects U.S. citizens in any state. The federal law covers anything mechanical and includes a clause that requires the manufacturer to pay legal fees if a consumer wins a successful lemon lawsuit.


If I Purchased a Used Vehicle, Am I Protected?


It depends on the age of the car and the mileage. There are three warranty situations that can protect you as a used car purchaser. The first is if there is a leftover manufacturer's warranty left on the car in case you buy the auto with less than 36,000 miles on it (or whatever is listed under that particular vehicle's warranty).


The second is if the used vehicle is deemed as a "certified used car" by the manufacturer and comes with a shorter warranty. And the third is in effect when the original owner or you purchase an extended warranty that protects the car for a longer period.


What if I Don't Have any Warranty, Am I Still Protected?


While you wouldn't be protected under the lemon laws, you can file civil action if you have been the victim of fraud. For example, you can take appropriate legal action if your car was sold to you without full disclosure of prior extensive mechanical problems, if the car was previously wrecked, the odometer was rolled back fraudulently, you were sold a rental or police car, the car was stolen or stripped, or if the vehicle was in a flood and this information was not disclosed to you before the purchase transaction.


Can I Always Get My Money Back?


Proving a lemon law case is difficult. You need an ongoing and documented record of repairs that goes well beyond typical standards. Typically - and this will depend on the state - the same serious safety problem or defect would need to have been fixed multiple times within a particular time period.


How do I Find the Lemon Laws in My State?


Go to your state's government web page and search for lemon laws. Most states will offer extensive online information that tells you exactly how the law works and how you can protect yourself. Alternatively, you can consult a lawyer in your area for counsel.

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