Is there a lemon law on used cars?

UPDATED: Apr 14, 2012

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Is there a lemon law on used cars?

I test drove the car and complained about the brakes. The dealer said it was just a minor thing, and would go away after driving it a while. After 30 miles it still has the brake problem. What can I do?

Asked on April 14, 2012 under General Practice, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Unfortunately, Ohio's Lemon Law only applies to new cars, so it will not help you. If the dealer gave you a guaranty or warranty, that is enforceable. Otherwise, you would have to show that the brake problem is material (significant) and the dealer knew it existed (and knew how significant it was) and, knowing of it, deliberately misrepresented (lied) to you about it to get you to buy the car. If you could show all that, you might have a cause of action in fraud, to either rescind the transaction (return car; get your money back) or seek monetary compensation.

Other than the above, however, from what you write, you probably do not have any recourse.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption