Does the Lemon Law Apply to a Used Car With No Warranty?

The short answer

Usually not. State lemon laws depend on a manufacturer’s warranty, so a used car sold “As Is – No Dealer Warranty” with no factory warranty left is normally outside them. You may still have rights if the factory warranty has not expired, the dealer gave a written warranty, you bought a service contract within 90 days, the dealer misrepresented the car, or there is an open safety recall.

The words “As Is – No Dealer Warranty” on a used car’s window sticker worry many buyers once something breaks, and the common belief is that nothing can be done.

State lemon laws usually depend on the manufacturer’s warranty, so a used car sold as is with no factory warranty left is normally outside them. But “as is” does not cancel a factory warranty still in force, does not protect a dealer that misrepresented the car, and does not apply in every state the same way: New York, for example, has a separate used-car lemon law with dealer warranties on key parts.

This guide explains the FTC Buyers Guide, what “as is” really means, the two implied warranties, the rights that can remain, state used-car lemon laws, and what to do now. It is part of our guide to how the lemon law works.

Lemon law
Usually no
Buyers Guide
Required
Cooling-off period
Not federal
Recalls
Still free

Start with the Buyers Guide on the window

The FTC’s Used Car Rule requires dealers to post a Buyers Guide on the used vehicles they offer. It shows whether the car is sold “As Is – No Dealer Warranty” or with a warranty, what share of repair costs the dealer pays, and the main systems that can fail. The sales contract must say that the Buyers Guide is part of the contract and overrides any contrary terms. If you negotiated the sale in Spanish, the dealer must post a Spanish-language Guide.

The rule does not cover motorcycles. Private sellers do not have to post a Buyers Guide.

What does “as is” actually mean?

“As is” means the dealer will not pay for repairs after the sale; you take on the risk of defects. It does not cancel a factory warranty that is still in force, and it does not protect a dealer that lied about the car. Some states restrict as-is sales or require special wording; your state attorney general can tell you the rule where you live.

The two implied warranties, explained

Even without a written warranty, the law can imply two promises into a sale. Here is what each one means.

The two implied warranties
WarrantyWhat it promisesExample
MerchantabilityThe car will do what a car is supposed to do: it will runThe engine fails a week after the sale from a condition that existed at the sale
Fitness for a particular purposeThe car suits a use the dealer recommended it forThe dealer said the truck could tow your trailer, and it cannot

A dealer that gives a written warranty, or sells you a service contract within 90 days of the sale, cannot disclaim these implied warranties on the covered systems (15 U.S.C. § 2308). A service contract, often called an “extended warranty”, is not itself a warranty.

Which rights remain after an as-is sale?

Depending on how the car was sold, some of these rights may still apply after an as-is sale.

Possible rights on a used car sold as is
SituationWhat may apply
Factory warranty has not expiredThe manufacturer must still make covered repairs; in Florida the lemon law can apply inside the 24-month period
Dealer gave a written warrantyThe written warranty, plus implied warranties that cannot be disclaimed
You bought a service contract within 90 daysImplied warranties on the covered systems
The dealer lied about the carState consumer protection or fraud law; ask your attorney general
Open safety recallRecall repairs are free; search your VIN at nhtsa.gov/recalls

The federal route is explained in our Magnuson-Moss guide.

Which states have used-car lemon laws?

A few states protect used-car buyers directly. New York’s used-car lemon law is one of the clearest, according to the state Attorney General:

New York used-car lemon law at a glance
RuleDetail
WhoCars bought or leased from a New York dealer (not private sellers) for mostly personal use
Which carsPast the new-car coverage (the AG lists more than 18,000 miles and at least two years old), under 100,000 miles, price or lease value at least $1,500
Dealer warranty90 days / 4,000 miles (18,001–36,000 miles); 60 days / 3,000 miles (36,001–79,999); 30 days / 1,000 miles (80,000–100,000)
Covered partsEngine, transmission, drive axle, brakes, steering, radiator, alternator, generator, starter and ignition (not the battery)
Presumption3 or more repair attempts for the same defect, or 15 or more days out of service during the warranty
RemedyRefund of the price, sales tax and fees, minus an allowance for damage; or a replacement you may decline
ArbitrationDealer’s program (not binding on you) or the state program (binding); start within 4 years of original delivery

Massachusetts protects private-party buyers too: if the seller knew about a serious defect and did not disclose it, you can cancel within 30 days.

What to do if your as-is car has a serious problem

If your as-is car has a serious problem, start with these steps.

  1. Find your Buyers Guide and contract, and note which box was checked.
  2. Ask a franchised dealer to look up any remaining factory warranty by VIN, especially powertrain coverage.
  3. Search open recalls for your VIN.
  4. If the dealer misrepresented the car, write down what was said and contact your state attorney general.

Then check whether the lemon law still reaches your used car, or read the Texas used-car rules.

Frequently asked questions

Does the lemon law apply to used cars with no warranty?

Usually not. Lemon laws depend on the manufacturer’s warranty. A used car sold as is with no factory warranty left is normally outside them, but fraud, implied warranty and recall rights may still apply.

Can you return a used car sold as is?

Generally no. Federal law does not give a three-day right to cancel. You can return it only if the dealer agreed in writing, misrepresented the car, or your state gives a cancellation right.

What does “As Is – No Dealer Warranty” mean?

The dealer will not pay for repairs after the sale and you take on the risk. Any remaining factory warranty still applies.

Is an extended warranty the same as a warranty?

No. A service contract, often sold as an extended warranty, is a separate contract. Buying one from the dealer within 90 days of the sale stops the dealer from disclaiming implied warranties on the covered systems.

Can I sue a used car dealership for selling me a lemon?

Possibly, but not usually under the new-car lemon law. Claims come from a dealer warranty, implied warranties, a state used-car law such as New York’s, or fraud and misrepresentation. Keep the Buyers Guide, the contract and the ad.

How long can you return a used car if it has problems?

There is no federal return period. Some states give limited rights, such as Massachusetts’ 30-day cancellation for undisclosed defects in private sales; otherwise you rely on warranties and the contract.

Sources

Checked on October 12, 2026. Read how we verify every rule in our editorial policy.

  1. FTC: Buying a Used Car From a Dealer
  2. FTC: Dealer’s Guide to the Used Car Rule
  3. 15 U.S.C. § 2308, implied warranties
  4. NHTSA: Check for recalls by VIN
  5. New York Attorney General: Used car lemon law
  6. Mass.gov: Private Party Car Sales

LemonLawMap provides general information about state lemon laws, not legal advice. We are not a law firm and no attorney-client relationship is formed by using this site. Read our full disclaimer.