Sage Datko  |  July 21, 2020

Category: Auto News

Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.

Lemon laws may cover someone who wants to return a used car

While there are some legal protections in place to protect consumers who purchase new cars, most used cars are not covered under these laws. As new cars are expected to function correctly and are a significant investment, laws such as Lemon Laws protect consumers who purchase a defective new car. However, if you have purchased a used car and believe it to be defective, you may not be afforded the same legal rights.

Can You Return a Used Car if It Has Problems?

If a consumer purchases a used car and the car turns out to be defective, many consumers hope they will be covered under Lemon Laws, warranties, or in some states, laws regulating “cooling off” periods. A cooling-off period is a short time period allowed by some states after the car is purchased, during which the buyer can change their mind.

Unfortunately, used cars are rarely covered by these regulations, even if they are defective.

If the used car is purchased through a used vehicle dealership, it may be possible to purchase an aftermarket warranty to cover the car at the time of the vehicle purchase. Although these warranties are often expensive, they may cover some of the major issues that might become apparent after purchase. Most consumers, however, do not think to purchase these warranties, and most used dealerships do not allow a buyer to return a used car.

However, depending on where you live, you may still have legal rights when it comes to Lemon Laws and whether you can return a used car. Hiring an attorney experienced in Lemon Laws may be helpful if you believe you have purchased a used car that is defective. A qualified attorney can review the facts of your case and help you to determine whether it is possible to file a lawsuit regarding your defective vehicle.

What Is a Lemon Law?

A Lemon Law is a law that protects consumers who have purchased a defective vehicle. According to Lemon Laws, consumers who have purchased defective vehicles or “lemons” that have undergone multiple attempts to fix the defect and continue to malfunction may be entitled to compensation for the cost of the vehicle, or to have their vehicle replaced by the manufacturer. As many as 1 percent of vehicles may be classified as lemons.

Big O Tires vehicle inspection

The defects covered by Lemon Laws must affect the value, safety, or ability to use the vehicle. This means that only serious problems are covered by these laws, or problems that would affect the resale value of the car. While there are some federal Lemon Laws protecting consumers, individual states may also have their own laws regarding defective vehicles.

It’s always a good idea to check if the vehicle you’re considering has any technical service bulletins posted, because they may address defects that are covered by Lemon Laws. These defects can include problems with the airbags, automatic transmission failure, engine problems, brake problems, mold in the air conditioner, electrical problems, defective seat belts, leaks in the fuel injection system, stalling, power steering issues, malfunctioning lights or signals, defects in the suspension, or unintended acceleration or deceleration.

In some cases, problems that do not affect the safety of the car but may affect its value may also qualify under lemon laws, including issues with the paint or other persistent aesthetic problems.

Generally, lemon laws require that the owner of the vehicle allow the dealership multiple chances to fix the defect. If the defect is unable to be fixed after several attempts, the owner may be able to return the car in exchange for compensation or a replacement vehicle. These requirements may vary by state, but often allow the dealership three or more chances to attempt to fix the vehicle before the customer may request a refund or replacement.

Some states also have laws that allow the customer to pursue reimbursement or replacement before all the allotted repair attempts have been made, if these attempts have resulted in the customer being unable to use the vehicle for a certain amount of time, typically 30 days.

It may be helpful to keep detailed records of any attempts by the dealership to fix the persistent issue with the vehicle. Having a record of when and how often you have brought your vehicle in may be used as proof if you need to pursue compensation under your state’s Lemon Law.

While it is harder to return a used car, owners of defective vehicles may still have some rights available to them. Hiring a qualified attorney to review your case may be the first step towards determining if you are eligible to pursue legal action against the manufacturer of your defective car.

Join a Free Lemon Law Defective Vehicle Investigation

If you have a defective vehicle that is under warranty and is still not fixed after multiple attempts, you may qualify for help under your state’s Lemon Law.

(Note: Residents of North Carolina do not qualify for this investigation.)

Learn more by filling out the form on this page for a free case evaluation by experienced Lemon Law attorneys or call (877) 289-0615.

Learn More

We tell you about cash you can claim EVERY WEEK! Sign up for our free newsletter.


Get Help – It’s Free

Join a Free Lemon Law Defective Vehicle Investigation

If you qualify, an attorney will contact you to discuss the details of your potential case at no charge to you.

PLEASE NOTE: If you want to participate in this investigation, it is imperative that you reply to the law firm if they call or email you. Failing to do so may result in you not getting signed up as a client or getting you dropped as a client.

Questions@TopClassActions.com.

Oops! We could not locate your form.

Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.