What Is the Lemon Law in Maine for Used Cars

Maine's lemon law, codified as Maine Revised Statutes Title 10, §§ 1161–1169, applies exclusively to new motor vehicles purchased or leased in Maine.

However, Maine law provides a narrow exception: a used vehicle may qualify for lemon law coverage only if defects substantially impairing use, value, or safety are reported within the earlier of three years from the vehicle's original delivery to the first consumer or 18,000 miles of operation, whichever comes first. Because this protection period begins at original delivery and not resale, the vast majority of used vehicles fall outside the lemon law's coverage by the time they reach the secondary market.

The Maine lemon law applies to motor vehicles designed for highway conveyance, weighing less than 8,500 pounds for commercial use, and sold or leased in Maine. Protection extends through the manufacturer's express warranty term. If nonconformities persist after reasonable repair attempts, manufacturers must replace the vehicle or provide a refund, reduced by a reasonable allowance for use.

What Protections Do Used Car Buyers Have in Maine?

Maine has enacted consumer protections through the Used Car Information Act (Title 10, Chapter 217). This state law requires all car dealers to provide specific warranties and post detailed information on used cars offered for sale. Violations can result in the dealer being forced to take back the vehicle and issue a refund.

Maine's Used Car Information Act

Maine's Used Car Information Act mandates that dealers guarantee every used vehicle sold for transportation can pass state inspection. Dealers must provide this guarantee in writing, and the law applies even if the vehicle is sold "as is." The inspection sticker must have been issued within 60 days of purchase, and the vehicle must genuinely meet Maine inspection standards covering body components, brakes, glazing, exhaust systems, horns, lights and directional signals, mirrors, reflectors, running gear, steering mechanisms, safety belts, tires, windshield wipers, catalytic converters, and filler neck restrictions. If the vehicle violates this warranty, the dealer must repair it free of charge.

Magnuson-Moss Warranty Act

The Magnuson-Moss Warranty Act provides remedies for breaches of written warranties, implied warranties of merchantability and fitness for a particular purpose, and service contract terms. Buyers may recover damages, vehicle replacement, refunds, and attorney fees when manufacturers or dealers fail to honor warranty obligations.

FTC Used Car Rule

The FTC Used Car Rule requires dealers to display a Buyer's Guide on every used vehicle, disclosing whether the vehicle is sold with a warranty or "as is," the percentage of repair costs the dealer will pay under any warranty, the specific systems covered, warranty duration, and advice to obtain an independent inspection before purchase.

Understanding "As Is" Sales in Maine

Maine permits dealers to sell used vehicles "as is," but the state imposes stricter limitations than many jurisdictions. Even when a vehicle is sold "as is," Maine law still requires dealers to guarantee that the vehicle can pass state inspection. The inspection warranty applies regardless of "as is" language in the sales contract. If the vehicle cannot pass inspection, the dealer must repair it free of charge, or the buyer may demand a full refund.

What "As Is" Means for Maine Buyers

When a dealer properly disclaims implied warranties through an "as is" sale, the dealer waives obligations beyond the inspection warranty. Implied warranties of merchantability and fitness for a particular purpose can be excluded when the dealer conspicuously states this exclusion on the Used Vehicle Buyer's Guide and obtains the buyer's signature. However, "as is" disclaimers do not eliminate the dealer's duty to meet inspection standards or to honor any express warranties the dealer provides in writing.

Buyers should understand that "as is" sales shift significant risk to the purchaser. If a component not covered by Maine's inspection standards fails shortly after purchase, the buyer generally bears the repair costs unless the dealer made material misrepresentations or the defect was discovered immediately after purchase. Maine courts recognize a buyer's right of "immediate rejection" under the Uniform Commercial Code when a serious defect becomes apparent within the first day or so of ownership and before significant mileage accumulates.

Limited Dealer Disclosure Requirements

Maine law establishes specific disclosure obligations that dealers cannot avoid through "as is" language. Dealers must comply with federal odometer disclosure laws, accurately reporting mileage on title transfers. Maine statutes require disclosure of salvage or rebuilt title status pursuant to 29-A M.R.S.A. § 670, and dealers must provide the previous owner's name, address, and phone number upon the buyer's request. The Used Vehicle Buyer's Guide must identify any known mechanical defects and any substantial collision, fire, or water damage exceeding $2,000 in repair costs, even if the damage has been fully repaired. Dealers must also disclose if the vehicle was previously returned to a manufacturer under lemon law provisions. All promises or representations about the vehicle's condition or warranty coverage must be reduced to writing on the Buyer's Guide before sale completion; verbal assurances not documented in this manner are difficult to enforce legally.

Limited Exceptions to "As Is" Protection

Maine buyers retain legal recourse against "as is" disclaimers in specific circumstances. Dealers cannot use "as is" language to shield fraud, material misrepresentation of the vehicle's condition or history, or concealment of known defects that would affect a buyer's purchase decision. Odometer tampering, failure to disclose previous owner information when requested, and refusal to honor express warranties documented in the purchase agreement all create potential liability regardless of "as is" disclaimers. Additionally, if the dealer violates the inspection warranty by selling a vehicle that cannot pass state inspection, the buyer can demand free repairs or pursue rescission of the sale, even when the sales contract contains "as is" language. The Maine Unfair Trade Practices Act provides an additional avenue for relief when dealers engage in deceptive practices, make significant oral misrepresentations, or fail to comply with statutory disclosure requirements.

Filing a Consumer Complaint

Maine Office of the Attorney General
Consumer Protection Division
6 State House Station, Augusta, ME 04333
Phone: (207) 626-8849
Toll-free: (800) 436-2131
Official Website: Consumer Protection Division

Maine Secretary of State
Bureau of Motor Vehicles, Enforcement Services Division
29 State House Station, Augusta, ME 04333
Phone: (207) 624-9000, ext. 52144
Official Website: Bureau of Motor Vehicles