If you’re in the market for a used car, the last thing you want to do is spend your hard-earned money on a vehicle that turns out to be a lemon.

While most states have “lemon laws” to help protect consumers who purchase defective vehicles, in many cases you must have an active warranty or service contract¹ for the law to provide protection. 

It’s great that these laws are there  if we need them, but it’s ideal to not buy a lemon in the first place! Here is what experts want you to know to protect your pocket and sanity:

What is a “lemon law”?

10 things to do before you buy a used car

1. Know your rights
2. Look for a vehicle that can handle high mileage
3. Don’t come into the test drive blind
4. Check the car’s title
5. Get a free vehicle history report
6. Check for recalls
7. Make sure the car hasn’t been declared as “salvage”
8. Inspect the car yourself
9. Get an independent mechanic’s inspection
10. Do a gut check

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Answers to FAQs about buying used cars

What is a “lemon law” anyway and why do we care?

Recently, these laws have p their worth for consumers around the country. In August 2024, for example, Colorado implemented a stronger lemon law, extending coverage to more vehicles and giving buyers more time to file claims. In a public advisory, Colorado Attorney General Phil Weiser told his constituents, “Colorado’s lemon law, which used to be one of the worst in the country, just got a lot better for consumers. These changes aim to better protect car buyers from being stuck with defective vehicles.”  

Colorado's beefed-up lemon law isn't just a local win—it's part of a bigger wave of states stepping up to protect car buyers across the country. This trend is great news for you as a consumer: it means more safeguards against lemons, tougher standards for dealers and manufacturers, and more options if you find yourself stuck with a problematic ride.

Lemon laws absolutely can provide protection for used car buyers, as demonstrated by two recent cases. In one instance, a client of Kimmel & Silverman, P.C., a law firm with offices around the United States, purchased a used BMW X-6 with 46,000 miles from CarMax, only to experience numerous engine problems between 46,000 and 50,000 miles. 

After a trial, the jury awarded the client a full repurchase totaling over $50,000, including repayment for engine repairs.² In another case, a client of California-based Lemon Law Associates who bought a “Certified Pre-owned” Honda discovered prior damage that had not been disclosed.³ The law firm successfully compelled the Honda dealer and manufacturer to buy back the client's car under the California Consumer Legal Remedy Act. These cases highlight the importance of consumer protection laws in the used car market and show that buyers have recourse when sold vehicles with undisclosed issues.

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These anecdotes illustrate how lemon laws can protect you if you purchase a defective vehicle, even if you live in a state with more limited  protections. Most of all, they highlight the importance of understanding your rights as a consumer! Knowledge is power. And with that in mind:

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10 things to do before you buy a used car

We consulted a master mechanic and a car expert for tips on buying a used car that will last and keep you safe on the road.

1. Know your rights

The NYC Office of Consumer Protection recommends that before you get started, you read the  Used Car Consumer Bill of Rights (which, incidentally, must be provided to you before you sign a contract). 

2. Look for a vehicle that can handle high mileage

According to Carfax,⁴ you should look for a used car with mileage that adds up to 12,000 miles or less per year (i.e. 60,000 miles or less for a 5-year-old car). 

However, Jason Farrell, a certified master automotive technician based in Philadelphia and editor-in-chief of Mechanic’s Diary, a site that publishes maintenance and troubleshooting guides for common automotive problems, says some car models can withstand higher mileages and may not need a new transmission until 200,000 miles or more. 

A car search website called iSeeCars.com⁵ conducted a study of more than 260 million vehicles sold between 2012 and 2022 to determine which models had the highest chance of reaching 250,000+ miles. These are some of their findings: 

• Ford F-350 Super Duty ranked the highest, with a 49.1% chance of reaching 250,000+ miles
• 10 of the 23 longest-lasting vehicles are pickup trucks
• Toyota models took up 8 of the 23 top spots
• Toyota Land Cruiser, Toyota Sequoia and Honda Pilot are the longest-lasting SUVs
• Honda Accord, Toyota Avalon, and Toyota Camry were the three longest-lasting passenger cars

They found that the average vehicle has an 11.8% chance of lasting at least 250,000 miles.

“If you can, choose reputable brands like Toyota, Honda, and Subaru, which are known for their reliability and often have affordable, long-lasting models,” recommends Tomer Ruderman, Founder and Owner at Car Keys Ottawa. “Avoid cars with a salvage title, as these vehicles, while cheaper, could come with hidden damage and safety issues. Be sure to factor in not just the price of the car but also the cost of insurance, regular maintenance, and gas,” he adds.

“Read some professional reviews — especially long-term reviews — from well-regarded sources like Car and Driver, Road & Track, and Automobile,” says Reddit user verdegrrl. “It will give you an idea of what the testers liked about the car and what they disliked.” 

You can also check Consumer Reports⁶ to identify models with above-average reliability ratings. 

When you’re shopping for a quality used vehicle in Colorado, having access to more options can make the process easier and help you find a car that fits your needs. For those located in the Denver area, there are resources available to help you discover affordable pre-owned cars, including a wide selection of used cars, trucks, and SUVs at competitive prices.

3. Don’t come into the test drive blind 

Once you know which make and model vehicle you’d like to buy, make an appointment to test drive the car. But before you show up to the dealership, read reviews about the car, paying particular attention to any areas of concern for other people who have driven that car. 

“Start by being clear about your needs,” says Ruderman. “Do you need something reliable for commuting, or are you looking for more space for kids and cargo?” 

Ruderman says you should inspect the car thoroughly before getting behind the wheel: “Check for dents, scratches, and wear on the tires, and make sure there are no signs of leaks in the engine.” He also recommends that you “keep an eye out for visible rust, especially underneath the car, and watch for signs of engine or transmission issues like leaks or strange sounds, as these can turn into expensive problems later.”

Then, when you’re driving the car, both Ruderman and Farrell advise you to pay close attention to how the car feels and sounds. “Any strange noises from the engine, transmission, or brakes could indicate underlying problems,” says Ruderman. “Test out all the features, like the AC, heater, windows, and electronics, to ensure everything works properly.”

“When you’re driving the car, listen to the engine, test the brakes, check for smooth acceleration, tight turns, and whether the car pulls to one side or the other,” adds Farrell. 

Finally, one last tip from Ruderman: “I'd also recommend you bring along a friend or family member to get a second opinion during the test drive.”

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4. Check the car’s title

A car’s title establishes proof of ownership and includes identifying information about the vehicle such as make, model and VIN (vehicle identification number). Before buying a car, you can look up the car’s title at the National Motor Vehicle Title Information System (NMVTIS) website. You can usually find the car’s VIN on a sticker inside the driver’s door. 

Checking the title can protect you from fraud, such as buying a car that has been stolen (for which you would be unable to register or get a tag) or a car that has been damaged by flooding. 

5. Get a free vehicle history report

A vehicle history report provides you with details of the car before you came along, including the number of owners, any accident history, mileage, title status, maintenance and repair reports, and whether the car has been branded a lemon. Companies like AutoCheck and CarFax provide vehicle history reports for a small fee, and auto dealers sometimes provide these reports to buyers at no charge. You may also get a free vehicle history report from NMVTIS at VehicleHistory.gov.

“As you go through the report, keep an eye out for any accidents,” says Ruderman. “A minor fender bender isn’t usually a dealbreaker, but it’s best to stay away from cars that have been in serious crashes or had structural damage. Also, check for regular maintenance records, like oil changes, which can be a good sign that the car was taken care of properly.”

He recommends that you make sure the odometer readings make sense throughout the car’s history so you don’t end up with a car that’s had its mileage altered. “And definitely steer clear of cars with titles marked as salvage, rebuilt, or flood-damaged, as these can bring more trouble than they’re worth!”

6. Check for recalls

If the car you’re considering needs to be repaired as part of a manufacturing recall, you can find out by entering the VIN at the site of the National Highway Traffic Safety Administration.  

7. Make sure the car hasn’t been declared as “salvage”

The National Insurance Crime Bureau’s website lets you enter a VIN and find out if the vehicle has been flood damaged, was stolen but un-recovered, or otherwise declared as salvage. Visit www.nicb.org/vincheck to start the search.

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8. Inspect the car yourself

To make an informed purchase, take time to carefully inspect the car. “When checking a used car, watch for wear and tear like rust, dents or paint that doesn't match, which says it had damage before,” Farrell says. “Check the tires, brakes and suspension too. See how many miles it has and any papers on work done.” 

The NYC Office of Consumer Protection offers these tips for checking for water or flood damage:⁷ 

• Trust your sense of smell. Musty or moldy smells may be a sign of water damage. A strong air freshener or cleaning solution smell may be an attempt to cover up mildew. Run the air conditioner so you can check the vents.
• Check the carpeting and upholstery for discoloration. Differences in color, especially if they appear to be stains, may indicate water damage. Be aware of used cars with brand-new upholstery.
• Examine the exterior for water damage. Check for fogging inside headlamps or taillights and dampness inside the wheel well. Look for a water line in the engine compartment or the trunk.
• Inspect under the car. Look for rust and flaking metal.

If you test drive a car that has an error code, the dealer may reset the code—but that doesn’t always mean the problem is fixed. Reddit user ProfessionalEven296 recommends buying your own code reader from an auto parts store. “Get one which tells you if the ‘drive cycle’ is complete. When the dealer gives you these back, plug in; I bet that the drive cycle isn’t complete because they just reset the code; and you’ll have an error code before getting home.”

Finally, compare the odometer reading to the bill of sale and check the Federal Trade Commission’s (FTC) Buyer’s Guide and NYC Department of Motor Vehicles (DMV) inspection sticker which must be posted on the car. “If the car’s miles seem way lower than what you'd expect for its age, the odometer could have been tampered with,” says Ruderman.”

9. Get an independent mechanic’s inspection

In addition to inspecting the car yourself, Farrell recommends taking it to a good mechanic “to find problems you can't see.”

Many car shops, garages and vehicle service centers offer free car inspections. Before purchasing a used car, schedule an inspection with a local mechanic. If the seller won’t let you take the car for an inspection before purchasing, that’s a red flag and you should keep looking for another car.

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10. Do a gut check

When you really need a car and you find one you like at a great price, it can be easy to become enamored with what seems like an amazing deal and ignore any red flags. Take time to check with your common sense before committing to a car.

“If a deal sounds too good to be true, keep looking,” Farrell says. “Doing your homework protects you from getting tricked into a bad deal.”

Ruderman agrees. “A great deal might catch your eye, but if the price doesn't match the car's model or year, there's a good chance something's being hidden,” he says. “Sellers should be upfront about the car’s history, and if they’re reluctant to provide a detailed report, that’s a major warning sign. These reports give you info on past accidents, odometer readings, and any mechanical problems that could cost you down the line.” 

The NYC Office of Consumer Protection also notes that you should make sure there is a refund policy posted in the office where sales take place.

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Should you consider a certified pre-owned vehicle?

Some dealerships sell “certified” used cars, which means the car has been thoroughly inspected and the dealer is willing to offer performance guarantees, usually in the form of a lengthy warranty. 

“Certified used cars come with perks like longer warranties, thorough checks and peace of mind, but they cost more than regular used,” Farrell says. “While the price may be worth it for safety, others save money by skipping certification and taking it to a mechanic. In the end, it depends on your budget and how sure you need to be that a car is OK.”

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Answers to FAQs about buying used cars

“I bought a used car, now what?”

After you buy a car, you need insurance, registration, and a tag. Before leaving the dealership or completing the transaction, you need to make sure you get a clear title transferred to you. Next, get insurance on your new vehicle. To save money, look into affordable car insurance options that provide the coverage you need without breaking the bank. Once you have a title, you can register the vehicle and get a license tag. You’ll also have to pay any sales taxes that are due on the transaction.

My car got repossessed. Now what?

Is it illegal to sell a car and not disclose problems?

It’s generally considered unethical to sell a car without disclosing problems, but federal regulations requiring disclosure are more specific about new cars rather than used cars, according to Reiff Law Firm in Philadelphia.⁸ Because there are no strict federal regulations regarding disclosure of issues with used cars, it’s especially important to check a vehicle’s history and get a mechanic’s input before purchasing.

What if I bought from a private seller, and they lied about the car?

Your options may vary depending on the depth of the seller’s deception. For example, when Reddit user SagewiththeSauce went to register a newly purchased used car with the Department of Motor Vehicles (DMV), they found out that the seller had sold a car with an altered title and an altered odometer. Because tampering with the odometer is a federal crime, the DMV recommended filing a police report. 

However, most private vehicle transactions are considered to be sold “as is.” That means the buyer is responsible for any problems they learn about after the sale. If you feel that a seller took advantage of you, check the laws in your state or talk to an attorney to see if you can pursue damages. 

Can I return a used car within 30 days?

If you purchase privately from an individual, any return would be at the seller’s discretion. 

If you purchase from a dealer, return policies vary and often depend on the state in which they’re located. In some states, dealers are required to give you an option to return the car and cancel your transaction, often within three days. You can check with your state attorney general’s office to find out the rules in your state. It’s a good idea to ask for the dealer’s return policy in writing before you complete a transaction. 

Someone sold me a bad car, what can I do now?

“If someone sells you a bad used car, know your rights,” Farrell says. “Acting fast is important. Depending on what happened, you may be able to get it fixed and get the repair costs or your money back.” 

Farrell recommends documenting the issues and trying first to resolve the issue with the seller. If the seller won’t help, contact a lawyer, the Better Business Bureau or the Bureau of Consumer Protection to stand up for your rights and resolve the situation.
Also, if the used car is only a few years old or has less than 100,000 miles, the problems may still be covered under the original factory warranty, suggests Reddit user CWNIV93. If you think this may apply, check with a local dealership to find out whether you can get needed repairs completed for free under the original warranty.

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SOURCES

1. “Magnuson Moss Warranty-Federal Trade Commission Improvements Act,” Federal Trade Commission. https://www.ftc.gov/legal-library/browse/statutes/magnuson-moss-warranty-federal-trade-commission-improvements-act 

2. “Lemon Law Attorneys Recent Successes,” Kimmel & Silverman, P.C. https://www.lemonlaw.com/about/recent-successes.html

3. “Our Success Stories,” Lemon Law Associates.
   https://www.lemonlawassociates.com/our-success-stories/

4. “What Is Good Mileage for a Used Car?” by Jack Ferry for CarFax. Aug. 30, 2021. https://www.carfax.com/blog/good-mileage-for-used-car

5. “The Longest-Lasting Cars, Trucks and SUVs To Reach 250,000 Miles and Beyond,” Iseecars.com. Aug. 12, 2024.
   https://www.iseecars.com/longest-lasting-cars-study

6. “Guide to Car Reliability & Owner Satisfaction,” Consumer Reports. Oct. 24, 2024.
   https://www.consumerreports.org/cars/car-reliability-owner-satisfaction/guide-to-car-reliability-owner-satisfaction-a9213219653

7. “Beware of Buying Flood-Damaged Cars,” NYC Consumer and Worker Protection.
   https://www.nyc.gov/site/dca/consumers/shopping-goods-beware-flood-damaged-cars.page

8. “Buy a Used Vehicle? The Defects Not Disclosed at Sale Can Hurt or Kill You and Your Loved Ones,” Reiff Law Firm.
   https://www.reifflawfirm.com/buy-used-vehicle-defects-not-disclosed-sale-can-hurt-kill-loved-ones/