", (877) 881-0947Call us Monday-Friday 6am-6pm PT. Jeffrey Johnson In addition, this law also provides for attorney’s fees. Jeffrey Johnson is a legal writer with a focus on personal injury. A used car can qualify under the federal lemon laws for used cars as long as it was sold with a written warranty. Despite this, however, only some states require a dealer who has failed to disclose such facts to provide a replacement or refund for the car. Disclaimer: These state lemon laws may provide for a statutory used car warranty, often based upon the age or mileage of the car. Written by You may be entitled to a replacement product or full refund for the purchase price. The Used Car Rule, formally known as the Used Motor Vehicle Trade Regulation Rule, has been in effect since 1985. The problem is that many used vehicles are no longer under warranty. Lemon laws exist in all states. By Steve Lehto. Managing Editor & Insurance Lawyer. The federal “lemon law”, also called the Magnuson-Moss Warranty Act, provides legal recourse for anyone who has purchased a car that repeatedly fails to live up to its expected standards of quality and performance (hence the defective car being called a “lemon”, or a dud). While state lemon laws for cars usually only apply to new, the Magnuson-Moss Warranty Act, also known as the federal Lemon Law, applies to all cars covered by a warranty, whether the car is new or used. FreeAdvice.com strives to present reliable and up-to-date legal information and advice on home, car, and life insurance. Under these consumer protection laws, if your lemon car, truck, or motorcycle has been in the shop repeatedly, or for an extended period of time under your motor vehicle warranty, you could receive a new vehicle, a complete repurchase, or significant compensation. Get Legal Help Today. You’ve been unable to use the car due to repairs for at least 30 days (not necessarily consecutively). Additionally, some states require that a dealership disclose certain facts about used cars, even if the consumer doesn’t ask, such as whether it was ever a rental, was salvaged, or was previously used as a demonstrator. Using Your State’s Lemon-Law. Thankfully, in the state of California, used cars sold with a dealer’s warranty also qualify. He earned a J.D. We strive to help you make confident insurance and legal decisions. A used car isn't covered under the Lemon Law. This article contains general legal information and does not contain legal advice. To the extent that a consumer purchases a used vehicle as a result of a false representation, he or she may have a claim against the dealership. Lemon law for used cars will likely cover used cars if the car was covered under a certain type of warranty. While these laws most often apply to new vehicles, some also cover used cars if the purchasers were given express written warranties on them by the dealer or seller. Rocket Lawyer is not a law firm or a substitute for an attorney or law firm. It is important that you speak to an experienced lemon law attorney who may assess your rights. The defect, or nonconformity, must be a substantial one that impedes the use, safety or value of the motor vehicle. The federal lemon laws, and many state lemon laws, cover any mechanical flaws as well as require that the warrantor pay the owner’s attorney fees if the suit is successful. Insurance information may be different than what you see when you visit an insurance provider, insurance agency, or insurance company website. While there are differences between how lemon law protects against new and used vehicles purchases, there are commonalities. For more detailed information about the Kentucky Lemon Law, visit the Cars and Lemon Laws section of Kentucky Attorney General's official site. This warranty can also include the original warranty through the last remaining time or miles available, but this is not necessary. Most. Other states have enacted statutory rights specifically for used car buyers. For legal advice, please ask a lawyer. The California Used Car Lemon Law provides legal protection for anyone that purchases or leases a used car, or any other used vehicle that is still covered by a manufacturer's original factory warranty from being stuck owning a lemon. The Queensland Parliament recently conducted an inquiry on the need for a consumer lemon law for new motor vehicles. An express written warranty can include the balance of a manufacturer’s warranty, a separate limited warranty given by the dealer, or an extended warranty or service contract purchased from the dealer at the time of the vehicle purchase. Just enter your ZIP code below if you need legal help. If after several attempts (usually three) the fixes are unsuccessful, the dealer must then either replace the car or refund the purchase price to the buyer. But in California, used cars also can be deemed a lemon, and you may be eligible to obtain a buyback or refund.Meeting the standard for a used car under the lemon law is different than with a new vehicle. Making a Claim . To be covered, a vehicle must have had a manufacturer’s express warranty at the time of the original purchase, it must have … In this case, the Federal Lemon Law, also known as the Magnuson–Moss Warranty Act, аpplies. Search for: Lovely Cars for Sale by Fantomworks. Federal Lemon Law The Magnuson-Moss Warranty Act, ... To give one example, New York State has lemon laws covering both new and used vehicles. The vehicle must be used primarily for personal use. There is an exception; if the used car was sold with an express written warranty, then the federal law may apply. But there is one major exception: if the owner has received an express written warranty along with the used vehicle, then federal lemon laws will likely cover used cars. lubricated parts, water pump, fuel pump, manifolds, engine block, cylinder head, rotary engine housings, and a flywheel), (the transmission case, internal parts, and the torque converter), (the front and rear axle housings and internal parts, axle shafts, propeller shafts, and universal joints), (master cylinder, vacuum assist booster, wheel cylinders, hydraulic lines and fittings, and disc brake calipers), (the steering gear housing and all internal parts, power steering pump, valve body, piston, and rack), Radiator, Alternator, Generator, Starter, and Ignition System (excluding battery). If you get a warranty from the dealer when you get your used car, even if it is only for one day, then this Federal Warranty law will cover you. Used-Car Lemon Laws. These laws either require warranties from all sellers or set minimum standards and inspection requirements prior to the sale of any used car. Answer a few questions. You may choose to have a lemon law attorney represent you when taking the manufacturer to court. When it comes to used cars, not every state’s Lemon Law has a specific provision about them. The federal lemon law (the Magnuson-Moss Warranty Act) protects citizens of all states. Lemon laws are American state laws that provide a remedy for purchasers of cars in order to compensate for cars that repeatedly fail to meet standards of quality and performance. Essentially any vehicle is covered under the Federal Lemon Law provided the vehicle is subject to a written warranty. Under federal lemon laws, you may have grounds for a lawsuit if the manufacturer has been unable to properly repair your defective product in a reasonable number of attempts. The vehicle must have more than 18,000 miles on the odometer. 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