Lemon laws are intended to protect consumers from purchasing vehicles with defects beyond reasonable repair and to provide them with a path to justice against less than honest dealers.
While there are differences between how lemon law protects against new and used vehicles purchases, there are commonalities.
In both cases, your vehicle must have undergone multiple repair attempts for the same defect, or the vehicle must be out of service for an unreasonable amount of time. Further, the defect must substantially impair the vehicle’s use, value, or safety.
The way Lemon Laws apply to used cars can vary from state to state, depending on where your used car was purchased. Robison Lemon Law Group LLC specializes in representing wronged individuals in Pennsylvania, New Jersey, New York and Maryland.
Is There a Lemon Law for Used Cars in My State?
In general, federal lemon laws only cover newly purchased or leased vehicles; however, the Magnuson-Moss Warranty Act may cover used cars purchased with the original manufacturer's warranty.
Other federal lemon laws include the Uniform Commercial Code and the Federal Trade Commission’s Used Car Rule.
As a supplement to federal law, a handful of states enacted their own lemon laws for used cars, including New Jersey and New York.
Pennsylvania and Maryland do not currently offer any consumer protection against used vehicles purchased in their state (new vehicles are covered under Maryland and Pennsylvania lemon law). However, those in Pennsylvania or Maryland seeking relief can still rely on federal lemon laws as they apply.
If you do purchase a defective, used vehicle in either New Jersey or New York, you must protect your lemon law rights by returning to the same dealership you purchased the vehicle immediately upon discovery of any problem(s).
How Lemon Law Applies to Used Cars in New Jersey
Used Car Lemon Law in New Jersey requires that dealerships provide buyers with a warranty and that they will repair any defective part(s) of the used car within the stated warranty period and coverage.
Is your used vehicle covered under the lemon law?
If your vehicle satisfies the following criteria, it may be covered under New Jersey state lemon law.
Used Lemon Law Requirement | |
Vehicle Age | Less than seven years old |
Mileage | Less than 100,000 miles at the time of purchase |
Seller | Must be from a New Jersey licensed dealership |
Purchase Price | At least $3,000 |
Repair History | Repairs for the same problem must have been attempted three times* or vehicle must be 20 days out of service |
*After the second failed repair attempt (or if the vehicle has been 20 days out of service), a certified letter must be sent to the dealership notifying them of the defect and allowing them a final chance to repair your vehicle.
Warranty
The length of warranty a dealership is required to provide consumers depends on the mileage of the vehicle at the time of purchase:
Mileage | Length of Warranty |
0 to 24,000 miles | The earlier of 90 days or 3,000 miles |
24,001 to 60,000 miles | The earlier of 60 days or 2,000 miles |
60,001 to 100,000 miles | The earlier of 30 days or 1,000 miles |
New Jersey Used Car Lemon Law requires warranties to cover the following car parts:
Engine | All internally lubricated parts, timing chains, gears and cover, timing belt, pulleys and cover, oil pump and gears, water pump, valve covers, oil pan, manifolds, flywheel, harmonic balancer, engine mounts, seals and gaskets, and turbo-charger housing |
Transmission Automatic/Transfer Case | All internally lubricated parts, transmission mounts, seals and gaskets (excluding manual clutch), pressure plate, throw-out bearings, clutch master or slave cylinders |
Transfer Manual/Transfer Case | All internally lubricated parts, transmission mounts, seals and gaskets (excluding manual clutch), pressure plate, throw-out bearings, clutch master or slave cylinders |
Front-Wheel Drive | All internally lubricated parts, axle shafts, constant velocity joints, front hub bearings, seals and gaskets |
Rear-Wheel Drive | All internally lubricated parts, propeller shafts, supports and U-joints, axle shafts, bearings and gaskets |
How Lemon Law Applies to Used Cars in New York
Used Car Lemon Law in New York protects consumers who buy or lease used cars and requires dealerships to provide a written warranty. Under this warranty, dealerships are required to repair any defect within the stated warranty period and coverage.
Is your used vehicle covered under the lemon law?
If your vehicle satisfies the following criteria, it may be covered under New York state lemon law.
Lemon Law Requirement | |
Vehicle Age | Purchased, leased or transferred after the earlier of 18,000 miles or two years from the original delivery |
Mileage | Less than 100,000 miles at the time of purchase |
Seller/Lessor | Must be from a New York licensed dealership |
Purchase Price or Lease Value | At least $1,500 |
Repair History | Repairs for the same problem must have been attempted three times or vehicle must be 15 days out of services |
Warranty
The length of warranty a dealership is required to provide consumers depends on the mileage of the vehicle at the time of purchase:
Mileage | Length of Warranty |
18,001 to 36,000 miles | The earlier of 90 days or 4,000 miles |
36,001 to 79,999 miles | The earlier of 60 days or 3,000 miles |
80,000 to 100,000 miles | The earlier of 30 days or 1,000 miles |
New York Used Car Lemon Law requires warranties to cover the following car parts:
Engine | Lubricated parts, water pump, fuel pump, manifolds, engine block, cylinder head, rotary engine housings and flywheel |
Transmission | The transmission case, internal parts, and the torque converter |
Drive Axle | The front and rear axle housings and internal parts, axle shafts, propeller shafts and universal joints |
Brakes | Master cylinder, vacuum assist booster wheel cylinders, hydraulic lines and fittings and disc brake calipers |
Steering | The steering gear housing and all internal parts, power steering pump, valve body, piston and rack |
Other Parts | Radiator, alternator, generator, starter, and ignition system (excluding battery) |
Does Lemon Law Apply to Your Used Vehicle?
If you believe that your used car is a lemon, our attorneys at Robison Lemon Law Group LLC are here to help. We will lead you through the process of utilizing federal and state lemon laws to ensure you are brought to justice.
Contact us today for your free consultation.