Skip to main content

Does the lemon law apply to private sellers

Tempe, AZ |

I purchased a car from a private owner and we checked it out and test drove it before buying it and everything looked great. Then on the way home it kept stalling out like three times. Now it's sitting in my drive way with a major oil leak...which was not their when I purchased it. Now my question is does the lemon law apply here?

Attorney Answers 1


  1. Probably not. Every state has its own Lemon Law and whether your vehicle is a lemon depends on your law and the facts of your case. You can read an outline of your state's Lemon Law on this web page here: http://ohiolemonlaw.com/state-lemon-law-summaries.htm. There is also a federal lemon law that covers almost all consumer purchases and it can help you too; it's called the Magnuson Moss Warranty Act. Some state lemon laws only cover vehicles purchased new and other state laws (like Ohio) can cover used or new, so you have to read your state's particular law to know what your legal rights are. Generally, all state Lemon Laws require that you return the vehicle to the manufacturer's dealer for repair attempts at least 3 or 4 times for the same defect before you can claim it is a lemon, although there are other definitions of what a lemon can be in some states. If you do have a lemon, then you probably have the right to chose between getting your money back or getting a replacement vehicle. You should talk to a Lemon Law lawyer near you. Call your local attorney bar association and ask for a referral to a lemon law lawyer near you. Or you can check this web page for a Free Online 50 State national List of Local Lemon Law Lawyers (they don't pay to be listed here and most of them are members of the only national association of consumer law lawyers): http://ohiolemonlaw.com/locate-a-local-attorney.shtml. Also, for every legal right you have, you only have a limited amount of time to actually file a lawsuit in court or you automatically lose (it's called the statute of limitations), so don't waste your time getting to an attorney and finding out what your rights are. If this answer was helpful, check the box below.