Certified Pre-Owned Lemon Law: Are CPO Cars Covered?
Often, yes, though usually through federal law rather than your state's new-car lemon law. A certified pre-owned (CPO) warranty is typically a written warranty under the Magnuson-Moss Warranty Act, which applies nationwide. Any remaining factory warranty may also protect you. Whether your state's lemon law covers a used car depends on the state.
Bought certified and it is back at the dealer again? See whether your repair history supports a claim.
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A certified pre-owned car is a used vehicle that has passed an inspection program and comes with added warranty coverage. There are two main kinds:
- Manufacturer CPO programs, run by the automaker and sold through its franchised dealers, usually with warranty coverage backed by the manufacturer.
- Dealer "certified" programs, where a dealer or third party does the inspection and the coverage may come from the dealer or a third-party company, sometimes as a service contract rather than a warranty.
The difference matters, because who backs the coverage is who you make the claim against. Read the CPO paperwork you signed. If you cannot find your warranty booklet, our warranty manual search can help.
Does the Magnuson-Moss Warranty Act cover CPO cars?
In many cases, yes. The Magnuson-Moss Warranty Act (MMWA) is federal law, 15 U.S.C. 2301 and following, and it is not limited to new cars. It covers consumer products, meaning tangible personal property normally used for personal, family, or household purposes. A "written warranty" under the Act includes a written promise, made in connection with the sale, that the material or workmanship is free of defects or will meet a specified level of performance over a specified period.
A typical manufacturer CPO warranty fits that description. If the warrantor fails to honor it, for example by failing to fix a covered defect after a reasonable opportunity, you may have an MMWA claim. MMWA also includes a fee-shifting provision that may let a consumer who prevails recover reasonable attorneys' fees from the warrantor. For the used-car angle in more depth, read used car warranty claims under MMWA.
There is one more federal protection worth knowing. Under 15 U.S.C. 2308, a supplier that gives you a written warranty, or enters into a service contract with you at the time of sale or within 90 days after, cannot disclaim implied warranties on that product. So a dealer that sold you a CPO car with its own written warranty or service contract generally cannot also sell it "as is" as to implied warranties.
Does my state's lemon law cover a certified pre-owned car?
It depends on the state. Most state lemon laws were written for new vehicles. Some states have separate used-car lemon laws or cover used vehicles in limited situations, and the rules on mileage, age, and time periods vary widely. We cover the state-by-state picture in used car lemon law coverage, and you can check your own state with our state law lookup tool.
Even when your state's lemon law does not apply, MMWA may still apply to your CPO warranty. We help CPO owners nationwide under MMWA.
What about the remaining factory warranty?
Many CPO cars are young enough that part of the original new-car warranty is still running. That coverage often transfers to later owners. MMWA's definition of "consumer" includes a person the product is transferred to while a written or implied warranty is still in effect, so a second owner may be able to enforce the remaining factory warranty too.
| Coverage | Who usually backs it | How it may help |
|---|---|---|
| Remaining factory warranty | Manufacturer | May support an MMWA claim, and in some states a lemon law claim |
| Manufacturer CPO warranty | Manufacturer | Typically a written warranty under MMWA |
| Dealer or third-party "certified" coverage | Dealer or a third-party company | Depends on whether it is a warranty or a service contract; read the terms |
| Implied warranties | The seller | Generally cannot be disclaimed if the seller gave a written warranty or service contract |
Check exactly when each layer ends with our warranty period checker. Powertrain coverage often runs longer than bumper-to-bumper coverage; see powertrain warranty explained.
What to do if your CPO car keeps breaking down
- Find every warranty document: the CPO warranty, the original factory warranty, and any service contract you bought.
- Take the car to an authorized dealer for the brand, especially for manufacturer-backed CPO coverage.
- Get a repair order for every visit showing the date, mileage, your complaint, and what was done.
- Log each visit in our repair attempt log.
- Do not sign a release or trade-in deal that settles the problem until a lawyer has read it.
Frequently asked questions
Is a certified pre-owned car covered by lemon law?
It depends on your state. Most state lemon laws focus on new vehicles, and some cover used cars. But a CPO warranty is typically a written warranty under the federal Magnuson-Moss Warranty Act, which may apply in any state.
Is a CPO warranty a written warranty under MMWA?
Usually, yes, if it is a written promise made in connection with the sale that the car will be free of defects or meet a level of performance for a set period. Some dealer programs are service contracts instead, so read the terms.
Can I use the original factory warranty if I am the second owner?
Often, yes. Many factory warranties transfer to later owners, and MMWA's definition of consumer includes a person the product is transferred to while the warranty is in effect.
Who do I make a CPO warranty claim against?
Usually whoever backs the coverage. For a manufacturer CPO program, that is typically the manufacturer. For dealer or third-party certified coverage, it may be the dealer or that company.
Can a dealer sell a CPO car "as is"?
Generally not as to implied warranties if the dealer gives a written warranty or sells a service contract at the time of sale or within 90 days after. Federal law bars disclaiming implied warranties in that situation.
Sources
Certified pre-owned, and still a lemon?
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