What Is the Lemon Law for Used Cars in Arkansas?

Buying a used car can be a gamble, especially if it turns out to have serious defects. Many consumers assume that Arkansas’ Lemon Law will protect them if they purchase a defective vehicle. However, Arkansas’ Lemon Law primarily applies to new cars and offers little protection for used cars. Fortunately, other consumer protection laws can help used car buyers who end up with a “lemon.”

In this article, we will explore Arkansas’ Lemon Law, whether it applies to used cars, and what legal options exist for used car buyers who purchase a defective vehicle.

Understanding Arkansas’ Lemon Law

Arkansas’ Lemon Law is found in Arkansas Code § 4-90-401 to § 4-90-417 and is officially known as the Arkansas New Motor Vehicle Quality Assurance Act. This law is designed to protect consumers who purchase new vehicles that have serious defects affecting their safety, use, or value.

Does Arkansas’ Lemon Law Cover Used Cars?

In most cases, Arkansas’ Lemon Law does not apply to used cars. The law is specifically written to protect new vehicle buyers, and it applies to vehicles that:

• Were purchased new and are still covered by the original manufacturer’s warranty.
• Have a significant defect that substantially impairs the vehicle’s use, safety, or market value.
• Have undergone multiple repair attempts without a resolution.

Exceptions: When a Used Car Might Qualify Under the Lemon Law

A used car may qualify for Lemon Law protection in Arkansas under the following limited circumstances:

1. The vehicle is still covered by the original manufacturer’s warranty.
   • If the car has a factory warranty that is still valid, and a major defect appears, the Lemon Law may apply.
2. The defect was reported while the car was under the original warranty.
   • If the original owner reported the issue while the vehicle was new and under warranty, and the problem persists after resale, the new owner may still have some legal recourse.

For most used car purchases, however, Arkansas’ Lemon Law does not apply. Instead, used car buyers must rely on other consumer protection laws and warranty agreements to protect their rights.

Legal Protections for Used Car Buyers in Arkansas

Even though Arkansas’ Lemon Law does not usually cover used cars, other laws protect used car buyers from fraud, misrepresentation, and warranty violations.

1. The Arkansas Deceptive Trade Practices Act (ADTPA)

The Arkansas Deceptive Trade Practices Act (ADTPA) protects consumers from fraudulent and deceptive sales practices, including those related to used car sales.

Under ADTPA, a car dealer cannot:

• Misrepresent a vehicle’s condition, history, or mileage.
• Sell a vehicle without disclosing prior accidents, flood damage, or salvage titles.
• Engage in odometer fraud (rolling back the mileage).
• Advertise a vehicle as being in “good condition” when it has major defects.

If a dealer violates ADTPA, the buyer may be able to sue for damages, including:
✔ A refund or replacement vehicle.
✔ Reimbursement for repair costs.
✔ Additional damages if the dealer acted knowingly and willfully.

Consumers can also file complaints with the Arkansas Attorney General’s Office to report deceptive sales practices.

2. Implied Warranties for Used Cars in Arkansas

Arkansas law recognizes two key implied warranties that may protect used car buyers:

1. Warranty of Merchantability

• A used car sold by a dealer must be in safe and operable condition.
• If a vehicle has serious defects that make it undrivable, this warranty may apply.

1. Warranty of Fitness for a Particular Purpose

• If a dealer recommends a car for a specific use (e.g., long-distance commuting) and the car cannot meet that purpose due to defects, the dealer may be liable.

⚠ Important Note:

• If a vehicle is sold “as is,” the buyer waives these implied warranties and typically has no legal recourse for defects unless the dealer committed fraud.

3. Federal Magnuson-Moss Warranty Act

The Magnuson-Moss Warranty Act is a federal law that protects consumers from misleading warranties. If a used car comes with a written warranty or service contract, the seller must honor its terms.

If a dealer refuses to make repairs as promised under a warranty, the buyer may have legal grounds to sue under this law.

4. Arkansas Title Fraud and Odometer Fraud Laws

If a used car is sold with a fraudulent title or misrepresented mileage, the buyer may have legal recourse.

🚨 Title Fraud Protections:

• A seller must disclose if a car has a salvage, rebuilt, or flood title.
• If a dealer hides title issues, the buyer can file a complaint with the Arkansas DMV or take legal action.

🚨 Odometer Fraud Protections:

• Rolling back an odometer to show a lower mileage reading is illegal under Arkansas and federal law.
• If a buyer is a victim of odometer fraud, they can sue the seller for damages.

What to Do If You Buy a Defective Used Car in Arkansas

If you purchase a used car in Arkansas and later discover major defects, here are steps you can take:

1. Check for Warranty Coverage

• If the vehicle is still under the manufacturer’s warranty, you may be able to get repairs through the manufacturer.
• If the dealer sold the car with a written warranty, demand repairs under that warranty.

2. File a Complaint with the Arkansas Attorney General

• If the dealer engaged in deceptive practices, you can report them to the Arkansas Attorney General’s Office.

3. File a Complaint with the Arkansas DMV

• If the dealer misrepresented the car’s title or mileage, file a complaint with the Arkansas Department of Motor Vehicles (DMV).

4. Consider Legal Action

• If the dealer violated the Arkansas Deceptive Trade Practices Act, you may be able to sue for damages.
• If the car came with a warranty that the dealer refuses to honor, you may have a case under the Magnuson-Moss Warranty Act.
• If the damages are relatively small (up to $5,000), you can file a case in Arkansas Small Claims Court.

How to Avoid Buying a Lemon Used Car in Arkansas

To minimize the risk of purchasing a defective used car, follow these tips:

✔ Buy from a reputable dealer – Check reviews and complaints with the Better Business Bureau (BBB).
✔ Get a vehicle history report – Use Carfax or AutoCheck to check for accidents, title issues, and past ownership.
✔ Have the car inspected by a mechanic – Always get a pre-purchase inspection before buying.
✔ Avoid “as-is” sales when possible – A car sold “as is” typically offers no legal protection for defects.
✔ Check for recalls – Use the National Highway Traffic Safety Administration (NHTSA) website to check for open recalls.

Final Thoughts

While Arkansas’ Lemon Law does not typically cover used cars, consumers still have legal protections under state and federal laws. If you unknowingly buy a defective vehicle, legal options exist to hold the seller accountable. Always do your research and take necessary precautions before purchasing a used car to protect yourself from fraud or misrepresentation.