For people who have bought a used car that they suspect to be a lemon, there is little recourse, or a great deal, depending on what state you live in. Used car lemon laws vary from state to state, and always come with specific regulatory laws. The first thing you need to establish is if your car is classified as “used” under the used car lemon laws. For example, in New York State, a used car is not a used car unless it was bought after 18,000 were on the odometer, or it was bought two years after it was delivered to the original dealership. Typically, used car lemon laws require also that the car be bought in the state you are filing the lemon law claim in. In addition (again, depending on your state) you have to have paid over $1,500 for the car, have driven it less than 100,000 miles, and you use it for personal use only.

But be careful. Many of us buy a used car from a private individual. Used car lemon laws will not cover your purchase in this case. The used car must be bought from a dealer. It doesn’t necessarily have to be the exact dealer that the car was originally delivered to, but it must be a licensed new or used car dealer. Banks or credit unions that have sales and auctions of seized cars do not qualify as a dealer. If you bought your used car from a registered retail auto auction house, your car is covered by used car lemons laws. But cars bought at auction sites like eBay would not be covered.

So what should you do if you have a used car and you suspect it to be a lemon? Firstly, check the laws regarding used car lemon laws in your state. Print these rules and laws out. Then, report the problem as soon as possible to the dealer who sold you the used car. Keep all records of your visits, calls, and work done on the car from the dealer. Make copies of this paper work as well. Even though you suspect you have a used car lemon, continue to make payments on the car. It isn’t the banks fault and if you refuse to pay them, they will take your car. If the dealer has been unable to fix your problem in a reasonable amount of time, contact a lawyer for future action. Be sure to take all your maintenance and contact records you’ve had with the dealer when you meet with a lawyer specializing in used car lemon laws.