Is my used car still under lemon law?
Coverage is measured from the vehicle's original delivery, not from when you bought it. In Maryland the window is the earlier of 24 months or 18,000 miles (Md. Code, Com. Law §§ 14-1501, 14-1502). In Washington, D.C. it is the earlier of 2 years or 18,000 miles (D.C. Code §§ 50-501, 50-502, 50-503, 50-507).
Neither Maryland nor D.C. has a separate used-car lemon law. A later owner may still have rights under the existing law if the vehicle and warranty transfer qualify and the problem was reported within the applicable window. Buying the car used does not restart that clock. Registration, original delivery, mileage, warranty terms and repair history all need review; a certified-pre-owned label alone does not establish lemon-law eligibility.
If the lemon-law window has closed, that does not automatically end every warranty right. A written warranty may last longer, and other consumer-law claims may apply. Keep the dates of your first complaint and every attempted repair rather than assuming the date of your used-car purchase controls.
“As is” in Maryland
An “as is” sticker does not necessarily eliminate a Maryland buyer’s implied warranty rights. An implied warranty of merchantability generally concerns whether the vehicle is fit for ordinary use; it is not a promise that a used car will be flawless or that every later repair will be paid for.
A dealer generally cannot waive these implied warranties unless the vehicle is more than six model years old and has been driven more than 60,000 miles. Both conditions must be met. The seller must also provide the required state notice form at the sale, and any permitted warranty exclusion must satisfy the written, conspicuous wording requirements and be separately acknowledged by the buyer’s signature. Age or mileage alone is not enough.
Read the actual paperwork before treating a sale as a valid waiver. A general “as is” statement or a signature elsewhere in the sales contract does not by itself establish that every requirement was met. Whether a particular defect breaches a warranty, and what remedy may be available, depends on the facts.
Source: Md. Code, Com. Law § 2-316.1. This Maryland rule should not be assumed to apply identically to a D.C. sale.
When the warranty isn’t honored
Start by identifying who made the written promise. A remaining manufacturer warranty, a manufacturer-backed certified-pre-owned (CPO) warranty and a dealer’s own written warranty may cover different parts, have different time or mileage limits, and require different steps to request a repair. A separately purchased service contract is not necessarily the same thing as a warranty.
Compare the promised coverage with the repair that was refused or repeatedly unsuccessful. Keep the denial, the reason given, your requests for service and the warranty terms in force at the time. Ask for the dealer’s or manufacturer’s position in writing, especially if you are told that a covered problem is normal or cannot be reproduced.
The federal Magnuson-Moss Warranty Act may provide a way to enforce qualifying written or implied warranty obligations. It does not create an automatic refund for every defective used vehicle. The warranty, warrantor, required dispute procedures and applicable law matter; an attorney can review whether a claim and attorney-fee recovery may be available.
Source: Magnuson-Moss Warranty Act, 15 U.S.C. § 2301 et seq.
What to bring
- Buyer’s order: the purchase terms, price, seller and delivery date.
- Buyers Guide window sticker: the disclosure showing whether the dealer offered a warranty or described the vehicle as “as is.”
- Warranty or CPO documents: complete coverage terms, exclusions and any transfer paperwork; include service contracts separately.
- Repair orders: every visit, reported symptom, diagnosis, mileage, dates in and out, and any denied repairs.
- Ads or messages describing the car: save listings, screenshots, emails and texts about its condition, inspection, certification or promised repairs.
You do not need to decide which legal theory fits before requesting a review. Bring what you have, identify missing documents, and keep your originals. The goal is to compare the promises made at sale with the vehicle’s condition and the response when you sought repairs.
General information, not legal advice.
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