Used Car Lemon Laws and Warranties by State (2026)
Which states protect used-car buyers with a lemon law or implied warranty, and whether 'as is' sales are allowed.
| State | Used cars |
|---|---|
| Alabama | Alabama's lemon law applies only to new or previously untitled vehicles. Alabama has no separate used-car lemon law. Under Alabama's version of the Uniform Commercial Code, a seller can exclude implied warranties with conspicuous language, and expressions like "as is" or "with all faults" generally exclude all implied warranties. Ala. Code §§ 8-20A-1(1), 7-2-316 |
| Alaska | The lemon law covers new vehicles only. The Department of Law advises "buyer beware" for used cars: there are very few laws protecting used-car buyers, especially when a car is sold "as is." Dealers must disclose the accident and repair history reported by the prior owner of a vehicle taken in trade. Alaska Department of Law, Vehicles (Buying a Used Car); AS 45.45.300–45.45.360 |
| Arizona | A used motor vehicle dealer may not disclaim the implied warranty of merchantability until 15 days or 500 miles after delivery, whichever comes first. During that time the vehicle must be safe and substantially free of defects that significantly limit its use for ordinary transportation. The buyer must give the dealer notice and a reasonable chance to repair, and pays half the cost of each of the first two repairs, up to $25 per repair. The dealer's liability is capped at the purchase price. The buyer can waive the warranty only for a specific defect the dealer discloses in writing on the first page of the sales agreement. A.R.S. § 44-1267 |
| Arkansas | The lemon law covers only new or previously untitled vehicles. The Attorney General explains that federal law requires used-car dealers to post a Buyers Guide saying whether the car is sold "as is" or with a warranty, and that if you buy a car "as is" and have problems with it, you must pay for any repairs yourself. Neither state nor federal law gives a buyer an unconditional right to cancel a car purchase. If a dealer lets you take a car before financing is final and then changes the terms (a "yo-yo" sale), you have the right to cancel without penalty. Arkansas Attorney General, Car Buying Tips; Ark. Code Ann. § 4-90-403(4) |
| California | A seller of used consumer goods (including used cars) that gives an express warranty has many of the same warranty duties as a manufacturer, and the implied warranties then last as long as the express warranty, but no less than 30 days and no more than three months. A sale "as is" or "with all faults" means all implied warranties are disclaimed. Cal. Civ. Code §§ 1791.3, 1795.5 |
| Colorado | The lemon law covers new vehicles. The Attorney General notes that private-party car sales are generally governed by ordinary contract rules, including vehicles bought "as is," and that there is no three-day right to cancel a car purchase. If a dealer agrees to let a buyer back out, the dealer can keep only $500 of the deposit unless it can show a greater loss. Colorado Attorney General, File a Complaint (Automobile Purchases) |
| Connecticut | A dealer selling a used car with a cash price of $3,000 or more may not disclaim implied warranties. Cars priced $3,000 to under $5,000 must come with a written warranty covering full parts and labor for at least 30 days or 1,500 miles; cars priced $5,000 or more, at least 60 days or 3,000 miles, whichever comes first. Phrases like "50-50" or "drive train only" cannot limit these warranties. The rules do not apply to cars under $3,000, sales between dealers, or vehicles seven model years old or older. A buyer may waive the warranty only for a specific defect the dealer discloses, in a conspicuous written waiver signed before the sale. Conn. Gen. Stat. § 42-221 |
| Georgia | Georgia's Lemon Law covers only motor vehicles purchased or leased new. The Attorney General notes there is no lemon law for used cars and no three-day right to cancel new or used car purchases, and advises having a used car checked by a mechanic before buying. Georgia Attorney General, Top 10 Consumer Myths |
| Hawaii | A dealer may not sell a used motor vehicle to a consumer without a written warranty covering the full cost of parts and labor to repair defects in covered parts (engine, transmission, drive axle, brakes, radiator, steering, and alternator, generator, starter and ignition) that impair safety or use. The minimum warranty is 90 days or 5,000 miles for vehicles with under 25,000 miles; 60 days or 3,000 miles for 25,000 to under 50,000 miles; and 30 days or 1,000 miles for 50,000 to 75,000 miles, whichever comes first. Haw. Rev. Stat. § 481J-2 |
| Idaho | The lemon law covers new vehicles. The Attorney General explains that federal law requires used car dealers to post a Buyers Guide saying whether the car comes with a warranty, "as is" (no warranty), or with implied warranties only; if a used car is sold "as is," there is no express or implied warranty. There is no three-day cooling-off period for new or used car purchases. Idaho Attorney General, Consumer Protection Manual (Buying a Used Car) |
| Illinois | When a licensed dealer (or a public auction company) sells a used vehicle to a consumer, it may not disclaim the implied warranty of merchantability until 15 days or 500 miles after delivery, whichever comes first; the vehicle must work for ordinary transportation and be substantially free of power train defects. The consumer must notify the seller within 2 business days after that period ends, give the seller a chance to repair, and pay half the cost of the first two repairs, up to $100 per repair. This does not apply to vehicles with over 150,000 miles, branded rebuilt or flood titles, vehicles of 8,000 pounds or more, antique or collector vehicles, or sales with an equal or better express warranty. 815 ILCS 505/2L |
| Iowa | The lemon law covers newer vehicles. For used cars, the Attorney General advises confirming whether the vehicle is sold "as is" or with a warranty and getting all promises in writing, and notes Iowa law does not generally give a three-day right to cancel a vehicle bought from a dealer's lot. Iowa Attorney General, Vehicles & Travel |
| Kansas | Kansas law does not let a supplier in a consumer transaction exclude, modify or limit the implied warranties of merchantability and fitness for a particular purpose, or limit the legal remedies for breaking them. A supplier may limit those implied warranties as to a particular defect only if it shows the consumer knew of the defect and it became part of the basis of the bargain, and even then not for personal injury or property damage. A disclaimer that violates this rule is void, and a consumer who wins a warranty case may also be awarded attorney fees and a civil penalty against the supplier. Offering a limited express warranty is not itself a violation. Government surplus property, including surplus motor vehicles, may be sold with a warranty disclaimer if conspicuous written notice is given (for vehicles, a notice on a side window that complies with the federal Buyers Guide rule). K.S.A. 50-639 |
| Louisiana | The lemon law applies to new vehicles. Under the Civil Code's general rules on sales, a seller warrants the buyer against redhibitory (hidden) defects: a defect that makes the thing useless or so inconvenient that the buyer would not have bought it lets the buyer seek to cancel the sale, and a defect that only reduces its usefulness or value lets the buyer seek a price reduction. The parties may agree to exclude or limit this warranty (an "as is" sale), but the exclusion must be clear and unambiguous and brought to the buyer's attention, and it does not protect a seller who declared that the thing had a quality the seller knew it did not have. La. Civil Code arts. 2520, 2548 |
| Maine | A dealer who sells a used motor vehicle to anyone other than another dealer warrants that the vehicle has been inspected and meets Maine's state inspection standards (or, for a vehicle sold as "reconstructable," that it is in the condition stated in the required "unsafe motor vehicle" disclosure). This warranty and the buyer's remedies cannot be excluded, limited or waived. The dealer must give the buyer a written statement of the warranty, including where repairs will be done and a notice that the buyer must give the dealer written notice of any failure to perform before going to court. A dealer fails its warranty duty if, for example, it does not complete required repairs within five business days after the buyer delivers the car (35 calendar days if parts are unavailable) without providing a free operating loaner vehicle. 10 M.R.S. §§ 1474, 1476 |
| Maryland | Maryland generally does not allow sellers of consumer goods to disclaim the implied warranties of merchantability and fitness, so "as is" language in consumer sales is unenforceable. For used cars, this rule does not apply to a titled vehicle that is more than 6 model years old and has been driven more than 60,000 miles, if the seller gives the buyer notice on the form prescribed under the Transportation Article; in that case any exclusion of implied warranties must be in writing, conspicuous, mention merchantability (for that warranty), and be separately signed by the buyer. Md. Code, Com. Law § 2-316.1 |
| Massachusetts | Dealers may not sell a used car unless it comes with a written warranty covering defects that impair safety or use. The warranty lasts 90 days or 3,750 miles if the car has under 40,000 miles; 60 days or 2,500 miles for 40,000 to under 80,000 miles; and 30 days or 1,250 miles for 80,000 to under 125,000 miles (whichever comes first). The consumer may be charged no more than $100 per covered defect. If the dealer cannot fix the same defect in three attempts, or the car is out of service more than 10 business days for that defect, the dealer must accept return of the car and refund the purchase price minus 15 cents per mile driven. The law does not apply to used cars sold by a dealer for less than $700, and it excludes auto homes, off-road vehicles, motorcycles and vehicles used primarily for business. The law states it does not limit implied warranties, and the buyer must receive written notice of the warranties, including the implied warranty of merchantability. Mass. Gen. Laws ch. 90, § 7N¼ |
| Minnesota | Dealers selling used cars, pickups and vans for personal use must give a written warranty covering major parts (engine, transmission, drive axle, brakes, steering and some other parts). It lasts 60 days or 2,500 miles for cars under 36,000 miles; 30 days or 1,000 miles for 36,000 to under 75,000 miles; and 15 days or 500 miles for 75,000 to under 200,000 miles (this last tier does not apply to sales by new-car dealers). Exclusions include cars with 200,000 or more miles, cars sold for under $3,000 or eight or more model years old (unless they have 75,000 to under 200,000 miles), diesel vehicles, and salvage-titled vehicles. The law requires the warranty on covered sales; a consumer can waive coverage of a specific part only if the dealer discloses a defect in that part on the Buyers Guide and the consumer circles and signs the disclosure. Minn. Stat. § 325F.662 |
| Missouri | Missouri's lemon law does not apply to used cars. The Attorney General's consumer guide says the lemon law applies only to new vehicles, demonstrators and lease-purchase vehicles with a warranty; that most used cars are sold "as is"; and that dealers must display the federal Buyers Guide showing whether the car comes with a warranty or is sold "as is -- no warranty." The guide also says there is no state law allowing a buyer to return a car for a full or partial refund. Missouri Attorney General, Know Your Rights: A Missouri Consumer Guide (Auto Issues) |
| Montana | Montana's lemon law applies to new motor vehicles. The Office of Consumer Protection's used-vehicle guide tells buyers to read and understand the warranty, which may be full, limited or "as-is," and explains that an "as-is" sale means there is no warranty at all. Montana Office of Consumer Protection, Buying a Used Vehicle |
| Nebraska | The Attorney General states that Nebraska's lemon law applies only to new vehicles and that there is no three-day right to cancel the purchase of a vehicle. A used car sold "as is" is bought in its current condition with no express or implied warranty from the seller, and once the sale is complete the seller has no obligation to make repairs. Complaints about vehicle dealers can be filed with the Motor Vehicle Industry Licensing Board. Nebraska Attorney General, Auto Fraud and Lemon Law |
| Nevada | Nevada's lemon law covers new vehicles only, but a separate law applies to used vehicles with 75,000 miles or more sold by dealers to retail customers. Before the sale, the dealer must inspect the engine and drivetrain and disclose in writing any defects it knows of or reasonably should have found. A dealer that has had more than three substantiated complaints filed with the Department of Motor Vehicles in a 12-month period must also give a short written warranty covering engine and drivetrain defects; its length depends on mileage (for example, 30 days or 1,000 miles for vehicles with 75,000 to 80,000 miles, down to 2 days or 100 miles for vehicles over 100,000 miles). Buyers of these vehicles may file a written complaint with the Department of Motor Vehicles. Nev. Rev. Stat. §§ 482.36655 to 482.36664 |
| New Hampshire | The lemon law does not cover used-car dealers. Under the state's used-vehicle law, a dealer must do a safety inspection if the customer asks (and may charge a reasonable fee), and must give the buyer a written statement saying whether the vehicle meets state equipment requirements, listing defects, or saying no inspection was done. A dealer may sell an unsafe vehicle only with a written notice saying it is unsafe for highway use and listing the defects, and must notify the buyer of these rights in advance and get a written acknowledgment. Violations are unfair or deceptive practices under the Consumer Protection Act. Under New Hampshire's version of the Uniform Commercial Code, for goods bought for personal, family or household use, a merchant's disclaimer of implied warranties does not limit its liability unless the buyer signs, before or at the sale, a conspicuous writing that says in plain language the goods are sold "as is" or "with all faults," that the buyer bears the entire risk of quality and performance, and that the buyer pays for all repairs if the goods prove defective. N.H. Rev. Stat. Ann. §§ 357-D:1, 358-F:2–358-F:4, 382-A:2-316(4) |
| New Jersey | New Jersey has a Used Car Lemon Law. A dealer (anyone who sold three or more used cars in the past 12 months) must give a consumer a written warranty on covered engine and drivetrain parts of at least 90 days or 3,000 miles for cars with 24,000 miles or less, 60 days or 2,000 miles for cars with more than 24,000 but under 60,000 miles, and 30 days or 1,000 miles for cars with 60,000 miles or more. The consumer may be charged a $50 deductible per repair. If the dealer fails to fix a material defect after a reasonable opportunity (presumed after three or more repair attempts for the same defect, or 20 or more days out of service, during the warranty), the dealer must buy the car back and refund the purchase price (excluding taxes and government fees), less allowances for excessive wear and personal use. If the dealer does not give the warranty, it is deemed given by law. A buyer of a car with more than 60,000 miles may waive the warranty in a separately signed writing after negotiating a price adjustment and buy it "as is." The warranty requirements do not apply to cars sold for less than $3,000, cars seven or more model years old, cars with more than 100,000 miles, or insurance total-loss cars disclosed in writing. Dealers must also disclose known material defects and explain in writing what "as is" means if a car is sold that way. N.J.S.A. 56:8-67 to 56:8-76 |
| New Mexico | A used car dealer may not exclude, modify or disclaim the implied warranty of merchantability. The vehicle must work substantially free of a defect that significantly limits its use for ordinary highway transportation until midnight of the 15th calendar day after delivery or for 500 miles, whichever comes first. The buyer must notify the seller within 30 days of the problem and give a reasonable chance to repair; the buyer pays half the cost of the first two repairs, up to $25 per repair. The dealer's sales agreement must include a boldface statement of this warranty or it is voidable by the buyer. A buyer may waive the warranty only for a specific defect that the dealer fully discloses, by signing a boldface waiver on the first page of the sales agreement. Damage from off-road use, racing, towing, abuse, neglect or lack of maintenance after the sale is not covered. NMSA 1978, § 57-16A-3.1 |
| New York | New York's Used Car Lemon Law requires dealers to give a written warranty on used cars that cost at least $1,500 and were bought after the first 18,000 miles or two years of use. The minimum warranty is 90 days or 4,000 miles for cars with up to 36,000 miles; 60 days or 3,000 miles for cars with more than 36,000 but less than 80,000 miles; and 30 days or 1,000 miles for cars with 80,000 to 100,000 miles. Cars with more than 100,000 miles are excluded if that is stated in writing at sale. The warranty covers major parts, including engine, transmission, drive axle, brakes, radiator, steering, and the alternator, generator, starter and ignition system (not the battery). If the same defect is repaired three or more times, or the car is out of service for a total of 15 or more days during the warranty, the dealer must take the car back and refund the full price (less an allowance for damage beyond normal wear), or offer a comparable replacement the consumer may decline. Any agreement waiving these rights is void. N.Y. Gen. Bus. Law § 198-b |
| North Carolina | The Attorney General's guide to buying a used car says that while most used car dealers sell their cars "as is," some are willing to provide limited warranties, and suggests checking whether any warranty is guaranteed by the dealer or by an outside party. The same guide states there is no three-day right to cancel or other cooling-off period for a used car purchase. The state lemon law applies to new motor vehicles. N.C. Department of Justice, Buying a Used Car; N.C. Gen. Stat. § 20-351.1 |
| North Dakota | The Attorney General states that North Dakota's lemon law applies only to new cars, not to used cars or other motorized vehicles. When you buy a used car, you buy it "as is" unless a warranty is included in the purchase, and you are responsible for repair costs after you buy it. N.D. Attorney General, Consumer Rights (Lemon Law) |
| Ohio | The Attorney General states that Ohio's lemon law generally does not apply to used cars; it covers only vehicles within their first year or first 18,000 miles. "As is" means the car is not covered by a warranty and the buyer will generally be responsible for repairs, and in most cases a car cannot be returned once driven off the lot. A returned lemon may be resold only with a branded "BUYBACK" title, a written warning notice to the buyer, and a warranty of 12 months or 12,000 miles or the balance of the factory warranty, whichever is greater; vehicles returned for a defect likely to cause death or serious injury may not be resold in Ohio. Ohio Attorney General, Consumer Tips: Auto; Lemon Laws |
| Rhode Island | A dealer may not sell a used vehicle to a consumer without a written warranty covering major parts (engine, transmission, drive axle, brakes, radiator, steering, alternator, generator, starter and ignition). The minimum term is 60 days or 3,000 miles (whichever first) for vehicles with 36,000 miles or less, and 30 days or 1,000 miles for vehicles with more than 36,000 but not more than 100,000 miles. If the dealer cannot fix a covered defect that substantially impairs the vehicle's value within a reasonable time, the dealer must take it back and refund the purchase price, with certain adjustments. A dealer may sell a vehicle "as is" only by posting a large "NO WARRANTY AS TO CONDITION — SOLD AS IS" notice on the windshield and printing the waiver prominently on the bill of sale, initialed by both parties. The law does not apply to used vehicles sold for less than $1,500 or to registered classic cars. R.I. Gen. Laws §§ 31-5.4-2, 31-5.4-3, 31-5.4-4 |
| South Dakota | The Attorney General's Division of Consumer Protection states that all used vehicles are sold "as is" unless they still have a factory warranty or the dealer provides an in-house warranty, which should be put in writing. When a used vehicle is bought "as is," the dealer is not responsible for repairs after the sale unless that is put in writing. The Division also says used car dealers must list the price, any trade-in allowance and all fees on the contract and explain them, must disclose the true mileage, and that buyers should receive the title within 30 days. South Dakota Attorney General, Division of Consumer Protection, Fast Facts: Automotive |
| Texas | The Attorney General explains that federal law requires used car dealers to tell buyers whether a used car is sold with or without a warranty, using a Buyer's Guide displayed on a side window. "AS IS" means the vehicle has no warranty and the seller has no obligation for repairs; "WARRANTY" means the guide must list exactly which parts and services are covered and for how long. The Buyer's Guide becomes part of the sales contract and overrides contrary contract terms, and must be in Spanish if the sale is in Spanish. Any warranty the seller offers must be in writing to be valid. Texas Attorney General, Buying a New or Used Car |
| Vermont | The Attorney General's Consumer Assistance Program states that Vermont's lemon law applies to vehicles within the original manufacturer's warranty period (or, in some cases, within a year after it expires), and that there is no additional used car lemon law protection in Vermont. Vermont Attorney General, Consumer Assistance Program, consumer FAQs |
| West Virginia | West Virginia generally bars merchants from excluding or limiting implied warranties (such as merchantability) on consumer goods. A used vehicle may be sold "as is" only if it is inoperable and a total loss, custom built or modified for show or racing, or sold for less than $4,000, driven more than 100,000 miles, or seven years old or older. A buyer of an "as is" vehicle in the last group may cancel the sale by returning it by the end of the dealer's third business day after the sale if it has a significant mechanical problem that reasonably existed at the time of sale. An "as is" sale requires a specific disclaimer on the front page of the sales contract. W. Va. Code §§ 46A-6-107, 46A-6-107a |
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.