LemonLawVerdict

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Used car or certified pre-owned: which law actually applies

The most expensive sentence in lemon law is 'my CPO car qualifies under the new-car law.' Sometimes it does. Often it does not — and the difference is a question of fact this page sorts out.

The three used-car situations

1. A warranty was issued with your sale (some certified pre-owned and dealer sales): in California, Rodriguez v. FCA leaves the new-car remedy open. In New York, your home is the used-car statute below, not the new-car one.

2. You bought the prior owner's leftover warranty: California's Rodriguez rule closes the new-car refund/replacement remedy. Other Song-Beverly claims and the federal Magnuson-Moss Act survive. Several states still reach you as a transferee during the warranty.

3. No manufacturer warranty at all: state lemon laws are almost never the tool. Magnuson-Moss needs a written warranty too — what remains is dealer-warranty law (New York's §198-b is the model) and general consumer-protection law.

New York's used-car tiers (GBL §198-b)

Miles at saleDealer warranty
18,001–36,00090 days or 4,000 miles
36,001–79,99960 days or 3,000 miles
80,000–100,00030 days or 1,000 miles

The car must have cost at least $1,500 and had under 100,000 miles at sale. Your claim runs against the selling dealer.

States that reach used vehicles in defined situations

California, New York, Washington, Oregon, Ohio, Arizona, New Jersey, Alabama, Alaska, Arkansas, Colorado, Connecticut, Hawaii, Idaho, Indiana, Iowa, Kansas, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Montana, Nebraska, Nevada, New Hampshire, New Mexico, Rhode Island, South Dakota, Tennessee, Vermont, Virginia, West Virginia, Wisconsin, Wyoming.

States whose lemon law is new-vehicles only

Texas, Florida, Illinois, Pennsylvania, Georgia, Delaware, Kentucky, Louisiana, Missouri, North Carolina, North Dakota, Oklahoma, South Carolina, Utah, District of Columbia.

Included in the $39 Lemon Verdict Pack

The tracker, your state's notice letter, the buyback worksheet, and your deadline calendar.

See the Lemon Verdict Pack

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