Maine does not have a true lemon law for used cars the way it does for new vehicles, but used car buyers are protected by something arguably stronger in the moment of sale: the Used Car Information Act, which requires every licensed dealer to warrant that the vehicle meets Maine state inspection standards at the time of purchase, and that warranty cannot be waived, even if the paperwork says “as-is.”1Maine Legislature. Maine Code Title 10 1474 – Warranty If the car fails to meet those standards, the dealer has to fix it at no cost to you. If they refuse, you can cancel the sale or sue for damages, and the court must award your attorney fees if you win.
What the Law Actually Covers
The protections live in Title 10, Chapter 217 of Maine law and apply only when you buy from a licensed dealer. Private sales between individuals are not covered.2Office of the Maine Attorney General. Buying a Used Vehicle A “used motor vehicle” is any vehicle that has been previously registered or is no longer under the manufacturer’s new car warranty. There is no age or mileage cutoff. A car with 180,000 miles on it gets the same inspection warranty as one with 30,000.
The law covers self-propelled vehicles designed to carry up to 14 people, including trucks up to 10,000 pounds gross vehicle weight. Motorcycles and rail vehicles are excluded.3Maine Legislature. Maine Code Title 10 1471 – Definitions Unlike the new car lemon law, the used car statute isn’t limited to personal or family use. Any purchaser from a dealer qualifies.
The Inspection Warranty You Can’t Waive
Under 10 M.R.S. § 1474, every dealer warrants that the used vehicle has been inspected and conforms to Maine’s inspection standards at the time of sale.1Maine Legislature. Maine Code Title 10 1474 – Warranty A current sticker on the windshield isn’t enough. The car has to actually pass.2Office of the Maine Attorney General. Buying a Used Vehicle
Maine inspection under 29-A M.R.S. § 1751 covers:4Maine State Legislature. Maine Code Title 29-A 1751 – Motor Vehicle Inspection
- Brakes, including transmission forward and reverse gears and park position
- Steering mechanism
- Tires
- Exhaust system
- Lights and directional signals
- Windshield wipers
- Horn
- Body components
- Glazing (windshield and windows)
- Rearview mirrors and reflectors
- Safety seat belts on 1966 and newer models
- Catalytic converter on 1983 and newer models
- Running gear
The engine is not on the list. The Attorney General’s office states this directly: the warranted parts are everything the inspection checks, “but not the engine.”2Office of the Maine Attorney General. Buying a Used Vehicle An engine that dies two weeks after you drive off the lot isn’t covered by the inspection warranty alone, though implied warranty law and the disclosure requirements below may still give you a claim.
Why “As-Is” Doesn’t Strip Your Rights
In many states, “as-is” eliminates dealer warranties on used cars. Maine is different. The statute says the inspection warranty “may not be excluded, limited, modified or waived by words or conduct of either the dealer or any other person.”1Maine Legislature. Maine Code Title 10 1474 – Warranty A dealer can write “as-is” across every line of the contract. The inspection warranty still applies.2Office of the Maine Attorney General. Buying a Used Vehicle
If a dealer tells you otherwise, they are either misinformed or hoping you don’t know the law. Maine is also exempt from the FTC’s Used Car Rule and its Buyers Guide requirement, because Maine’s own disclosures are at least as protective.5Federal Trade Commission. Dealer’s Guide to the Used Car Rule
What the Dealer Must Disclose Before You Sign
Under 10 M.R.S. § 1475, the dealer must give you a written disclosure statement before the sale with:6Maine Legislature. Maine Code Title 10 1475 – Disclosure of Information
- Make, model, model year, and serial or identification numbers
- Any mechanical defects the dealer knows about at the time of sale
- Whether the vehicle sustained fire, water, or substantial collision damage, meaning repairs over $3,000
- Whether the vehicle was returned to a manufacturer as a lemon buyback, and what the problems were
- Whether the vehicle was repossessed
- Any exclusion or modification of implied warranties
- The dealer’s deposit return policy, signed by whoever made the deposit
You sign and date the disclosure, the dealer gives you a copy, and the dealer has to keep one on file for three years. The dealer also has to tell you the previous owner’s name and address if you ask. If the dealer hands you a third-party vehicle history report, they aren’t liable for errors in it as long as they include a specific disclaimer, so the dealer’s own disclosure statement is the document that carries legal weight.
If the Dealer Won’t Honor the Warranty
Say the car fails inspection a month after you bought it. You take it back and the dealer refuses to fix it. Before you can sue, you must send the dealer written notice by certified or registered mail stating that they have failed to meet their warranty obligations.7Maine Legislature. Maine Code Title 10 1476 – Performance Under Warranty Skip this and a court can throw out your case.
From there, you choose between two remedies.
Canceling the Sale
You can rescind the purchase and get back the full price you paid, including the fair market value of any trade-in. The dealer can only reduce that amount for damage you caused to the vehicle (not damage from the defect itself) and, if you had the car for more than 30 days in usable condition, for any decline in the car’s retail value during that time. The fair market value is calculated using the NADA Used Car Guide, New England Edition, comparing the price listed before the sale to the price listed before the rescission.7Maine Legislature. Maine Code Title 10 1476 – Performance Under Warranty
Keeping the Car and Recovering Damages
If you’d rather keep the vehicle, you can recover the difference between what the car is worth with the defect and what it would be worth if it had met the warranty. You can deduct that amount from any balance you still owe under the sales contract, or sue for it.7Maine Legislature. Maine Code Title 10 1476 – Performance Under Warranty
Attorney Fees Are Mandatory
If a court finds the dealer failed to honor the warranty, the court must award you reasonable attorney fees and costs, regardless of the dollar amount at stake.7Maine Legislature. Maine Code Title 10 1476 – Performance Under Warranty This is what makes the law usable in practice. Even on a cheap car, hiring a lawyer makes financial sense because the dealer pays your legal bill if you win.
Extra Leverage Under the Unfair Trade Practices Act
Any violation of Chapter 217 is automatically treated as a violation of Maine’s Unfair Trade Practices Act.8Maine Legislature. Maine Code Title 10 1477 – Violations On top of the warranty remedy, you can recover liquidated damages of $100 to $1,000 per violation, plus costs and attorney fees. The dealer’s only defense is proving the violation was an unintentional, good-faith error made despite reasonable procedures to prevent it. The statute of limitations for the liquidated damages claim is two years from the date of the violation.
So a dealer who hides prior collision damage, omits a known defect from the disclosure, or tries to waive the inspection warranty faces exposure on two tracks at once.
Free Help Before Court: The AG Mediation Service
Maine’s Attorney General runs a consumer mediation service specifically for used car disputes. It’s funded by a $1 fee the dealer collects from you at the time of sale.9Maine Legislature. Maine Code Title 10 1169 – State Motor Vehicle Dispute Arbitration and Mediation To use it, contact the Attorney General’s Consumer Protection Division. Mediation is informal, a neutral third party tries to help you and the dealer work out the dispute, and if it doesn’t produce a result you can live with, you keep your right to sue.
Note that this is not the state’s lemon law arbitration program. That program is for new cars and reaches different outcomes.
How This Differs From Maine’s New Car Lemon Law
Buyers often search “Maine lemon law” expecting one statute that covers every vehicle. It doesn’t work that way. The new car lemon law, in Title 10, Chapter 203-A, covers vehicles still under the manufacturer’s warranty and runs through binding arbitration administered by the Attorney General, with a decision within 45 days of a complete request. Either party can appeal to Superior Court for a full new trial.9Maine Legislature. Maine Code Title 10 1169 – State Motor Vehicle Dispute Arbitration and Mediation It’s limited to personal, family, or household buyers and excludes businesses registering three or more vehicles.10Maine Legislature. Maine Code Title 10 1161 – Definitions
The new car law can force a manufacturer to replace the vehicle or refund you in full. The used car law focuses on the dealer’s duty to make the car pass inspection, and your right to cancel the sale or recover damages if they won’t. The remedies for used cars are narrower, but the warranty itself is harder for the dealer to escape.
Documentation That Protects Your Claim
Keep the original bill of sale, the signed § 1475 disclosure statement, and any written warranty documents. Every time you bring the car in for repairs, get a written repair order with the date, the problem you reported, and what the shop did or didn’t fix.
If the car fails a state inspection after you bought it, get the inspection report in writing. That report is direct evidence the vehicle didn’t meet the standards the dealer warranted. Photograph defects. Save texts and emails with the dealer. When you send the required certified letter before suing, keep the receipt and the return card showing the dealer received it.
If the problem is something the inspection doesn’t cover, like the engine, your paper trail supports an implied warranty or Unfair Trade Practices Act claim, especially where the dealer knew about the defect and left it off the disclosure statement. That omission is a separate violation with its own penalties.