Certified Pre-Owned Vehicles, or CPOs as they are sometimes known, are a popular choice for car buyers. In 2023, there were 2.6 million certified pre-owned vehicle sales, according to Cox Automotive, with luxury vehicles accounting for nearly a quarter of those sales.

A certified pre-owned vehicle can be an affordable way to get behind the wheel of a vehicle that you love, but it is also a used car. As a car buyer in Florida, you give up certain consumer protections when you buy used, including the ability to use the Florida Lemon Law.

What Is a Certified Pre-Owned Vehicle?

Certified pre-owned vehicles are used vehicles that are sold by dealerships. These vehicles generally have fewer than 80,000 miles and are less than 8 years old. To earn their “certified” status, these vehicles go through a series of inspections to verify that the vehicle is in good condition. Most certified pre-owned vehicles are lease vehicles, which typically means they had a single owner, limited annual mileage and regular maintenance. As used cars go, these tend to be the best available, and they carry a higher price tag than non-certified pre-owned vehicles.

Most CPOs will come with some form of an extended manufacturer’s warranty. This is where things can get confusing for buyers, because they may believe that a warranty entitles them to Lemon Law protection in Florida.

There Is No Lemon Law Protection for Certified Pre-Owned Vehicles in Florida

Florida Lemon Law only applies to new vehicles covered by the original manufacturer’s warranty. Certified pre-owned vehicles are used cars under Florida law, and there is no Lemon Law protection if you buy a clunker. Your only options if you have a certified pre-owned lemon are to file a claim under the Federal Magnusson-Moss Warranty Act, which severely limits the amount you can recover, or to sue the dealership if you believe you can prove fraud. The legal standard for proving fraud is an obvious defect that affects the usability or material value of the vehicle that the dealership should reasonably have known about. If the engine falls out or the doors fall off when you’re driving home from the dealership, you might have a case. If the vehicle experiences electrical, timing or transmission problems, fraud can be very difficult to prove.

You should also be aware that many certified pre-owned vehicles are nearing a point in their lives when manufacturing defects start to appear. As a rule of thumb, you can expect unusual or premature wear of vehicle parts to set in between 20,000 and 50,000 miles, which is typically past the original warranty and often past the first owner.

Choose a Certified Pre-Owned Vehicle Carefully

Despite the reduced Florida Lemon Law protection, a certified pre-owned vehicle can still be a great buy. You will save thousands compared with the cost of a new vehicle, and a reputable manufacturer will provide good warranty coverage and service should any problems occur in your first two years of ownership.

When considering a certified pre-owned vehicle, take these three steps to protect yourself:

  1. Research service history and complaints. Some brands age better than others. Some models have common problems. Begin your research by looking at the specific year and specific model that you are considering. It is very common for vehicles to have a bad year or two, and there are certain models that should be avoided once they get past a certain age. Look for problems that get reported often and try to get a sense of the general reputation of the vehicle for a given model year.
  2. Get the vehicle history from the dealership. If a dealer will not provide a vehicle history, do not buy the vehicle. A vehicle’s history should include accident history, service history and information on prior ownership, specifically whether the vehicle was leased or used as a rental. If the vehicle was declared a lemon under the Florida Lemon Law, the history will include the phrase “Lemon Buyback,” which means that it required a series of repairs to fix a particular defect. Dealerships must disclose whether or not a vehicle was previously found to be a lemon in Florida.
  3. Examine any warranty carefully. Certified pre-owned warranties add to the cost of a used vehicle, but they also provide protection if something breaks. Be sure you understand the terms of the warranty, including what it covers and for how long. Better warranties will cover the powertrain, which includes the engine and transmission, and vehicle electronics. Try to avoid warranties that expire the first time you use them and be sure that the protection extends from the date and mileage when you purchase the vehicle, not from its original manufacturing date.

There Is No Cooling-Off Period for Used Cars in Florida

Florida does not have a “cooling off” or 5-day return period for used vehicles, unlike some states. In Florida, once you drive a used vehicle off the lot, the vehicle and any problems it has are yours. You should get a higher-quality vehicle when you buy certified pre-owned, and you may get a good warranty as well. These benefits make a certified vehicle preferable to a non-certified used vehicle, but they are not a guarantee of reliability or durability.

Escalating costs for new vehicles can make a certified pre-owned vehicle an attractive option. Just be sure that you understand the consumer protections you give up if you buy a CPO.

If you bought a new car and believe it is a lemon, our Florida Lemon Law attorney is standing by to help. Contact us online or call us at 1-855-223-8344 for a free case evaluation. There are zero out-of-pocket costs when you work with Bad Vehicle and no legal fees unless you win your case.