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VINPASSED BUYER PROTECTION GUIDES

Does the Lemon Law Apply to Used Cars? In 10 States, Yes.

In 10 of the 50 states and DC, a used car statute makes the dealer warrant the car and take it back if it cannot be fixed. In the other 41, what you have instead is the as-is rule, the deceptive-practices statute, and whether a lawyer gets paid, and the table below shows all 51, each linking to its state guide.

10
have a used car lemon law
3
have any cooling-off period
69
national average score
84.88 to 56.29
California best, South Dakota worst
By the VinPassed editorial team· Founded by an automotive industry veteran with 30+ years in the car business
Every guide primary-source verified · most recent verification: August 12, 2026

Used car lemon laws by state

The 10 States With a Used Car Lemon Law, and What the Other 41 Give You Instead

A used car lemon law is a state statute that requires the dealer to give a written warranty on a used car for a minimum period, and to refund or replace the car if a covered defect cannot be fixed. It is a different law from the new-car lemon law every state has, which reaches only vehicles still under the manufacturer’s warranty. The check marks below mean the state has the used-car version; the statute under each check is where it lives, and what each state calls it varies. That is why the table shows the citation itself instead of a label.

The other columns are what decides a bad deal in a state without one. As-is sale is whether an as-is disclaimer kills the implied warranty. Attorney fees is whether a statute makes the dealer pay your lawyer when you win, which is the difference between a case a lawyer takes and one they decline. Damages is the multiplier the deceptive-practices statute allows. Click any state to open its guide.

Know your state? Type a letter or two into the search box at the top of any page and open the guide. Comparing? Click any column heading to sort. The rules that apply everywhere regardless of state are on the federal resources page.

Compare
1CaliforniaCA84.88B✗✓3 daysPre-Oct 2026: Cal. Veh. Code §11713.21 | Post-Oct 2026: Cal. Civ. Code §1784.43 (CARS Act)Survives as-isMandatoryActual + punitive
2New JerseyNJ83.26B✓N.J.S.A. 56:8-67 et seq.✓2 daysN.J.S.A. 56:8-69PartialMandatoryTreble
3MassachusettsMA83.11B✓MGL c. 90 § 7N¼ (used); MGL c. 90 § 7N½ (new)✗Survives as-isMandatoryTreble
4MinnesotaMN82.21B-✓Minn. Stat. § 325F.665✗Survives as-isMandatoryTreble
5ConnecticutCT80.69B-✓Conn. Gen. Stat. § 42-179(d); § 42-184✗Survives as-isJudge decidesActual + punitive
6New MexicoNM79.13C+✓NMSA 1978 §§ 57-16A-1 to 57-16A-9✗PartialMandatoryTreble
7Rhode IslandRI77.06C+✓R.I. Gen. Laws ch. 31-5.2 (new vehicles); ch. 31-5.4 (used vehicles, dealer sales)✗PartialJudge decidesTreble
8New YorkNY76.92C✓N.Y. Gen. Bus. Law § 198-b (used motor vehicles, dealer sales)✗Survives as-isMandatoryDouble
9NevadaNV76.78C✓NRS § 597.600 to 597.688✗PartialMandatoryTreble
10MaineME74.75C✗✗PartialMandatoryActual only
11West VirginiaWV74.31C✗✓3 daysW. Va. Code §46A-6-107a(b)Survives as-isJudge decidesActual only
12VermontVT73.88C✗✗WaivableMandatoryTreble
13KansasKS73.56C✗✗Survives as-isJudge decidesActual only
14WashingtonWA72.09C-✗✗PartialMandatoryTreble
15District of ColumbiaDC71.96C-✗✗Survives as-isMandatoryTreble
16IllinoisIL70.9C-✗✗PartialJudge decidesActual + punitive
17UtahUT70.72C-✗✗WaivableJudge decidesActual only
18South CarolinaSC70.57C-✗✗WaivableMandatoryTreble
19New HampshireNH70.16C-✗✗WaivableMandatoryTreble
20WisconsinWI69.76D+✗✗WaivableMandatoryDouble
21ArizonaAZ69.53D+✓A.R.S. §44-1267 (used, 15-day/500-mi implied warranty); §§44-1261–44-1266 (new vehicles)✗PartialJudge decidesActual + punitive
22NebraskaNE68.53D+✗✗WaivableMandatoryActual only
23IndianaIN68.48D+✓IC 24-5-13✗WaivableMandatoryTreble
24VirginiaVA68.35D+✗✗WaivableJudge decidesTreble
25DelawareDE67.13D+✗✗WaivableNoneActual only
26HawaiiHI67D+✗✗PartialMandatoryTreble
27AlaskaAK66.92D✗✗PendingMandatoryTreble
28TexasTX66.91D✗✗WaivableMandatoryTreble
29IowaIA66.48D✗✗WaivableMandatoryTreble
30PennsylvaniaPA66.23D✗✗WaivableJudge decidesTreble
31MarylandMD66.18D✗✗PartialJudge decidesActual only
32FloridaFL65.63D✗✗WaivableJudge decidesActual only
33ColoradoCO65.55D✗✗WaivableMandatoryTreble
34OregonOR65.43D✗✗WaivableJudge decidesActual + punitive
35LouisianaLA65.18D✗✗WaivableMandatoryTreble
36IdahoID65.11D✗✗WaivableMandatoryActual + punitive
37ArkansasAR64.79D✗✗WaivableJudge decidesActual only
38GeorgiaGA64.57D✗✗WaivableMandatoryTreble
39MichiganMI64.45D✗✗WaivableMandatoryActual only
40KentuckyKY64.36D✗✗WaivableJudge decidesActual + punitive
41OhioOH64.22D✗✗WaivableJudge decidesTreble
42North CarolinaNC64.21D✗✗WaivableJudge decidesTreble
43MissouriMO63.98D✗✗WaivableJudge decidesActual + punitive
44MississippiMS63.69D✗✗PartialNoneActual only
45TennesseeTN63.37D✗✗WaivableJudge decidesTreble
46AlabamaAL62.52D-✗✗WaivableMandatoryTreble
47North DakotaND61.38D-✗✗WaivableMandatoryTreble
48MontanaMT60.59D-✗✗WaivableJudge decidesTreble
49OklahomaOK59.15F✗✗PendingMandatoryActual only
50WyomingWY59.01F✗✗WaivableNoneActual only
51South DakotaSD56.29F✗✗WaivableNoneActual only

Default order is by overall score. Click a column heading to sort by it; click again to reverse. Check two or three states to compare them head to head above the table. A cell reading Pendingmeans that state’s row has not been verified for that column yet; its state guide is where it gets settled. Each cooling-off check shows its statute because the conditions on those rights differ; read the state guide before relying on one.

Everything in this table applies after a bad purchase. The cheaper move comes first: a vehicle history report shows whether a car has a lemon law buyback, a title brand, an odometer discrepancy, or reported damage in its past, and reading it costs less than any remedy on this page. You can see what each report shows side by side.

Check a car’s history first

Reading the table

What Each Column Measures, and What the Score Does Not

Every cell is a value from the same database each state guide is built on, read at the moment the page loads. Nothing here is typed by hand, which keeps the table and the guides from ever disagreeing, and every mark traces to a citation register row holding the exact line from the primary source behind it. The score is computed from 25 inputs across 5 weighted categories, scored the same way in every jurisdiction; the five columns shown are the inputs a used car buyer asks about most; the full scoring runs deeper.

The score measures what the law provides; it says nothing about enforcement, and nothing about how a court would read your contract. A check in the lemon-law column means the statute exists; its conditions, mileage limits and exclusions are in the state guide. A check in the cooling-off column means the state has some cancellation right; several are conditional, and the statute footnote lets you read the condition before you count on the right.

Questions buyers search

Used Car Lemon Law Questions, Answered

The Federal Rules Apply Everywhere, and None of Them Returns the Car

Four federal rules reach almost every used car sale: the FTC Used Car Rule and its Buyers Guide sticker, the odometer disclosure statute, the Holder Rule that lets you reach the lender, and the Magnuson-Moss Warranty Act. None gives you a right to return the car and none requires a dealer to warrant it. They matter as a floor; the state law in the table decides how a bad deal ends.

Read the federal rules, with primary sources →

Bought New? The New Car Lemon Law Is a Different Statute

Every state has a lemon law for new vehicles under the manufacturer’s express warranty. If your car is still under that warranty and the same defect keeps coming back, that is the law to read, and it has its own 50-state hub.

View the 50-State Lemon Law Hub →

How These Guides Were Built

Every state guide is written from that state’s own primary sources: its statutes as published by the legislature, its consumer protection and motor vehicle agencies, and its published case law. Nothing is taken from another state’s page, from a competing site, or from a summary. Where a claim includes a number, a deadline, a dollar figure or a citation, it is recorded in a citation register with the exact quoted line from the source it came from, so the claim can be re-checked rather than trusted.

Scores are computed from 25 inputs across 5 weighted categories, applied identically to all 50 states and the District of Columbia; the number describes the law on the books, not any state's enforcement of it. The table on this page is generated at page load from the same data the guides use and cannot drift from the underlying scoring.

A claim that cannot be traced to a primary source is removed rather than softened. Where a state genuinely has no rule on something, the guide says so.

Editorial note and disclaimer: These guides are for educational and informational purposes only and do not constitute legal advice. Laws change frequently and the application of any rule depends on the facts of your situation. Consult a qualified attorney licensed in your state. VinPassed is not a law firm and does not provide legal services.