Facebook Marketplace is a great site for used cars—but they aren't all gems. Lemons cleaned up for a quick sale can quickly turn into a costly regret.
Facebook Marketplace is an excellent place for finding used cars. It’s convenient, and you can find a great deal on an automobile if you look hard and get a little lucky. But just like with any used car transaction, trouble can lurk behind the glossy online listing. Cars listed on Facebook Marketplace can’t be judged based on looks, although that is what probably caught your eye in the first place. What really matters is their history.
Facebook Marketplace descriptions, now often polished by AI, can be deceptive. They hide mechanical failures, electrical issues, and legal or financial complications. Facebook Marketplace lemons are usually sold “as-is-where-is,” and without a written warranty, there is little legal recourse if the seller refuses to pay for any repairs.
I personally know individuals who have purchased cars on Facebook Marketplace and are very happy with their vehicles. I have also heard horror stories of people who got stuck with a Facebook Marketplace lemon. Read along as lemon law lawyers, the Better Business Bureau and the lead investigator for a leading lemon law firm provide tips on how to spot the warning signs you may be looking at a lemon.
What Qualifies As a ‘Lemon’?
Used car lemon laws differ from those for new cars. “Depending on your state’s lemon law, a lemon is a new car that has a defect that substantially impairs its use, value or safety, and has been subject to repair three times,” says Scot Turner, lead investigator for Kimmel and Silverman, one of the largest lemon law firms in Pennsylvania.
However, many states do not automatically cover used cars the same as new cars. Some states require licensed used car dealers to provide a minimal warranty—usually 30-day coverage on the drivetrain. Private used car transactions are normally excluded from any lemon law protection and considerably impact a buyer’s ability to seek recourse under traditional lemon laws.
“So if you can’t file a lemon law claim on a used car [in your state], but it’s still covered under the manufacturer’s warranty, and it isn’t being repaired, you could file a Breach of Warranty claim,” Turner says.
“A service contract (often called “extended warranty) is not a warranty,” added Michael A Klitzke, attorney with Auto Law.
Seller Red Flags That Could Mean a Car is a Lemon
“If a seller resists transparency, avoids providing records, presents incomplete paperwork, gives vague answers, or pressures you to move quickly or skip an inspection, those are clear red flags,” says Farid Yaghoubtil, Founding Partner at DTLA Law Group. Sometimes people buy and sell cars, but aren’t dealers.
“They buy a car from someone else, get them to sign the title, but never [transfer] the title to their name, then tell you they’re selling it for a friend or family member,” says Turner. Ensure the seller’s name matches the name listed on both the vehicle title and their driver’s license.
Other red flags to look for:
- A price too good to be true
- Lack of service records
- Seller refusing an inspection
- The car is already on a trailer
- They push you to act fast, saying they already have an offer
- Gives vague answers to simple questions about the car
- Refuses a live video call
Signs in a Listing That a Used Car is a Lemon
“Watch for mismatched mileage, VIN (vehicle identification number) that pop up in different states, or listings with barely any photos. These are all signs the seller is hiding something,” says Jack Carlson, CEO of Carvia.ai.
Use an online resource like CarFax to get an official report on the car you’re looking to buy. The information presented in online car listings might only show you a small piece of the picture.
“Many online listings don’t include a vehicle’s full history. Sellers are obligated to disclose specific facts, especially those that affect safety and past accidents,” says Yaghoubtil.
Other things to consider when reading the listing include:
- No title or has a salvage, reconstructed or flood-branded title
- Offers a third-party or “No-name” service contract
In-Person Signs That a Used Car is a Lemon
Trust your senses. During the test drive, listen for knocks, squeaks, squeals, or grinding noises. Look for smoke or if the car pulls to one side, vibrates, or if the tires are wearing unevenly. A mildew smell usually means flood damage. Scrutinize whether wear and tear doesn’t match the mileage, such as if there are 40,000 miles on the odometer, but the seats are worn through. Look for cracking or fading paint or clear coat for erosion.
On the exterior, look down the body panels to check for waves, mismatched paint, or if the body gaps between the hood, trunk and fenders are inconsistent or misaligned—all red flags that the vehicle was in an accident.
Turner recommends paying attention to smaller details, like making sure “the car starts easily and the air conditioner, lights and other features all work, especially display screens and infotainment systems.”
Check all fluid levels, their color and texture. For example, motor oil should be yellowish (new oil) to light brown and slick to the touch; black, thick, or gooey oil indicates a lack of proper maintenance. Check under the hood for:
- Fluid leaks
- Dirt and debris build-up
- Corroded battery cables
- Cracked or frayed windshield wipers, spark plug cables, hoses and belts
- Air cleaner
- Coolant and windshield washer fluid overflow bottles are free of gunk or rust build-up
- The hood insulator is in place and in good condition
Tips to Avoid Buying a Lemon Used Car
Always double-check the paperwork
Missing, forged [or whited out] signatures, an incomplete or illegible title can be an indication that the seller is hiding something. “Check the VIN on the car matches number-for-number with the title,” says Carlson. “If the seller is cagey about showing paperwork, don’t bother [buying the car].”
Run a VIN check
Checking the VIN with a vehicle history report provider (CARFAX, Carvia) or an approved NMVTIS (National Motor Vehicle Title Information System) date provider is the fastest and best way to determine if a vehicle has been in an accident, is a flood car, or its speedometer has been rolled back.
“A ‘clean title’ doesn’t always tell the real story—data does,” says Carlson.
Hire a mechanic for a pre-purchase inspection
Before purchasing any used vehicle, always inspect the car yourself. Take it for a thorough test drive, and also have the vehicle inspected by your mechanic. “If the car isn’t located in your area, hire an outside inspection company (usually around $150-300). They will send someone out to look at the car, photograph the entire vehicle, and provide a detailed report,” says Turner. Look for a company that performs computer diagnostics, including trouble codes (emissions tests), as well as examining mechanical and electrical systems. Walk away if the seller refuses to let the car be inspected.
FAQ
Can a car with a clean title still be a lemon?
Yes. A clean title can mean an insurance company never wrote it off as a total loss. It doesn’t mean the car hasn’t been flooded, neglected, or patched together. According to Klitzke, “99 percent of lemons have a clean title. The only way to tell if a vehicle purchased on Facebook Marketplace is a lemon is if it has a “Branded Title.”
This means the title has an official Brand designating the vehicle was a Lemon Law Buyback— the manufacturer repurchased the car because it had serious, unfixable defects.
What should I do if I already bought a lemon?
First, don’t panic. Keep good records, documenting every defect and repair attempt. Keep copies of all communication with the seller. Make your case in small claims court, or “if the seller refuses to make it right, that’s when speaking with an attorney can protect your rights and help you recover your losses,” says Yaghoubtil.
About the Experts
- Scot Turner has been in the automotive business for over 50 years. For 20 years, Scot worked on Porsches and Corvettes and was shop supervisor for a nationally recognized Ferrari specialist. He is an ASE-certified master automobile technician.
- Michael A. Klitzke is the CEO at Auto Law Firm. Michael handles auto fraud and lemon law cases against car dealers throughout California in state and federal courts
- Jack Carlson is Co-Founder of Carvia.ai. a vehicle history report provider.
- Farid Yaghoubtil is the Founding Partner at DTLA Law Group.
Resources
- Melanie McGovern, Director of Public Relations; Institute for Marketplace Trust, Better Business Bureau
- Legal Clarity: “Consumer Law, Do Lemon Laws Apply to Used Cars? What You Need to Know“
- New York Times: “How Not to Get Duped When Buying a Used Car“
- Lemon Squad, “Nationwide Used Car Inspection“
- DMV.org: Lemon Laws by State
Related
- Do You Know What That Little Button on Your Seat Belt Is For?
- What Those Lines on Your Backup Camera Really Tell You
- Here’s What The Small Panel On Your Car’s Front Bumper Is For
