I recently bought a used car. At first, it ran fine, then tons of problems arised. Is there a lemon law for used car sales?

Question: I bought a car several months ago from a large used car dealership. I’ve had nothing but problems with this car.  Isn’t there some kind of lemon law or something that says that I can return it?  And, if I do sue under the lemon law rule, what kind of damages can I expect to get?

Response: Generally, each state has their own product liability and consumer protection laws, and, as you know, most states have something called a lemon law on their books for motor vehicles. The specific requirements for a car to be considered a “lemon” vary by state, but generally for used cars, you are entitled to a remedy only if there was a warranty on the car, or if the seller of the car committed some type of fraud. For example, you would be entitled to recover damages if the seller knew about the mechanical problems but didn’t reveal them, or if the seller did not reveal that the car was a salvaged car, a previous rental car, a stolen car that had been stripped or rebuilt, or a car that had been involved in a flood. If one or several of these conditions are met, you usually would be restricted to economic damages incurred as a result of the purchase of the car. This rule is called the “economic loss rule” and is distinct from other consumer protection statutes because it applies to products that are unusable but don’t cause damage, other than to themselves. You should speak with a licensed product liability attorney in your state regarding your situation in order to determine whether you can recover your damages under the lemon laws.

Answered by Christy Rakoczy

Additional Resource: Better Business Bureau

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