All 50 states have some form of New Car Lemon Law.
Only six (6) states have a Used Car Lemon Law.
The Six states with a Used Car Lemon Law are Hawaii, Massachusetts, Minnesota, New Jersey, New York and Rhode Island. Each of these state Used Car Lemon Laws have multiple vehicle classifications for coverage (based on age and odometer reading) with the length of the express limited warranty varying accordingly. For comparison sake, here are the "low mileage" categories for each of the six states.
- Hawaii: 90 day/5,000 mile warranty for vehicles with less that 25,000 miles.
- Massachusetts: 90 day/3,750 mile warranty for vehicles with less than 40,000 miles.
- Minnesota: 60 day/2,500 mile warranty for vehicles with less than 36,000 miles.
- New Jersey: 90 day/3,000 mile warranty for vehicles with less than 24,000 miles.
- New York: 90 day/4,000 mile warranty for vehicles with less than 36,000 miles.
- Rhode Island: 60 day/3,000 mile warranty for vehicles with less than 36,000 miles.
There are seven other states that have some other type of "minimum standard" for used vehicles.
- Arizona and New Mexico which prohibit a disclaiming the implied warranty of merchantability for the first 15 days or 500 miles following sale.
- Connecticut and Nevada which require some form of warranty, with various limitations.
- Maine, where a vehicle must first pass a safety inspection.
- Pennsylvania and Illinois where dealers have limitations on disclaiming the warranty of merchantability among other things.
A number of other jurisdictions significantly restrict or prohibit disclaimers not just for used cars, but for all or most consumer goods. California, the District of Columbia, Kansas, Louisiana, Maryland, Minnesota, Mississippi, Oregon and West Virginia have particularly significant restrictions.
In summary, that makes six states with a Used Car Lemon Law, seven states that have other statutory standards for Used Cars and eight states (and D.C.) where disclaimers are restricted or prohibited for Used Cars as well as all transactions. Do not confuse these restrictions with laws such as the much publicized California Car Buyers Bill of Rights, which deals with F&I practices.
The above Lemon Law information is only meant to be a general guideline and was accurate at the time of publication. These laws may change. Please consult your own legal counsel or the State Attorneys General Office
(Office of Consumer Affairs) in your state for a more complete description.
To receive industry news and legislative updates,
please provide your email address.