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) |
Used-Car Regulations
Van Alst says that maximum states are not very powerful at shielding used-vehicle customers from the myriad approaches they may be swindled. “Most present used-vehicle lemon legal guidelines are so restrained in scope — the wide variety of days the auto is included and the allowable mileage — that the customer might not revel in the trouble or might not have a danger to behave at the trouble in that point period,” he said.
For example, Arizona regulation covers a used vehicle if a first-rate element breaks in15 days or 500 miles of its purchase. For new automobiles, though, the term extends to 24,000 miles or two years.
By contrast, a lot of European clients have more potent protections. In France, for example, a vehicle consumer can cancel the transaction as much as seven days after the sale. And a 1999 European Union directive lets in clients to get help for any trouble that makes a car not workable for 2 years after its purchase.
As is usually the case whilst purchasing a vehicle, the simplest manner to completely guard your self is to get to know facts. Many customer advocacy sites, together with The Center for Auto Safety, talk new vehicle lemon law guidelines in detail, however acquiring facts on laws about used-vehicle is trickier.
Suppose Your State has no Used-Car Lemon Law?
For clients who do not stay in states with used-vehicle lemon regulation, or whose states are unable to help them in their particular situation there are federal laws that could help.
UCC (The Uniform Commercial Code): Under the UCC, a used-vehicle sale consists of an implied guarantee that the auto is fit for transportation. However, used-vehicle sellers might deny the implied guarantee in the event that they promote the car “as is,” which they generally do. In the few states that restrict sellers from disclaiming the implied guarantee (together with the District of Maryland, Columbia, West Virginia, and Massachusetts ), the UCC may be more powerful than a used-vehicle lemon law might be.
The Federal Trade Commission’s Used Car Rule: The Federal Trade Commission (FTC) calls for sellers who promote 5 or extra automobiles in a year to put up a Buyers Guide in each used vehicle that is presented for sale. The manual ought to display whether or not the car is being bought “as is” or with a used-vehicle guarantee, what percentage (if any) of restore fees is included via way of means of the supplier below the guarantee and a listing of the essential defects that could arise on used vehicles.
Magnuson-Moss Warranty Act (a.k.a. federal lemon regulation): This regulation prohibits an implied guarantee’s disclaimer whilst a vehicle is bought with a specific written guarantee. It additionally gives for the awarding of legal professional costs especially cases.
How To Prepare for Battle
In order to decide in case you clearly have a lemon and to construct a stable argument, make certain you have taken the subsequent steps.
First, run car records reviews from AutoCheck. Van Alst additionally recommends a test of the federal government’s National Motor Vehicle Title Information System, which may be acquired through numerous car-records carriers at a low cost. These reviews disclose some of the hidden troubles related to used automobiles, together with earlier injuries and branded titles. Edmunds recommends that customers run all 3 reviews if possible. They can occasionally find specific facts. An essential reality to consider: U.S. states do now no longer require coverage businesses to document after they repair a car, even though Canada does.
Depending on reviews alone is not a good approach. Take the auto to a certified mechanic and a frame store that could spot symptoms of structural damage. Make certain they placed it up on a lift. As with car records reviews, they should be carried out earlier than the car purchase, however in case you’re seeking to press your rights under federal or state lemon law guidelines, it is essential to decide on the source of the car’s trouble.
Document the car’s provider records and preserve all receipts and work orders. Download or print a car restore log from Fraud Guides or Microsoft.
If the supplier nonetheless might not offer satisfaction, or in case you suspect fraud, send your written complaint to the car’s maker and your state’s atorney general’s workplace or to the branch of customer protection. The federal government’s Consumer Action website gives distinct facts on where and how to report complaints (which include pattern letters), dispute decision services, small claims courtroom etc.
Calling Out the Big Guns
You do not always need to have interaction with a legal professional to struggle for your rights. Sometimes, a brief experience to small claims courtroom docket will do the trick. But a great lemon-law lawyer can decide whether or not you have got a strong case, mainly whilst protection is an issue, and may shepherd you through the proceedings. Many lemon attorneys do not charge fees from you, hoping to get it rather from the defendant.
You can locate lemon law professionals to your nation through the National Association of Consumer Advocates. Free aid and less costly the nonprofit Legal Services Corporation and National Legal Aid and Defender Association.
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.