When a used vehicle is covered by California’s lemon law, and when it is not.
California’s lemon law is not limited to new vehicles. A used car may be covered when it is still under the manufacturer’s original warranty, when the dealer sold it with a written warranty, or when it was sold as certified pre-owned. Vehicles sold “as is” with no warranty generally fall outside these protections.
The controlling law is the Song-Beverly Consumer Warranty Act. What usually determines whether a used vehicle qualifies is not its age or mileage on its own, but whether a warranty was in place and whether the defect went unrepaired after a reasonable number of attempts.
Used vehicles most often fall within the lemon law in these situations:
Some used-vehicle purchases fall outside the lemon law:
Even in these situations other consumer-protection claims can sometimes apply, particularly where prior accident damage, odometer discrepancies, or a salvage history was concealed at the time of sale. Whether that is the case depends entirely on the specific facts.
Documentation is usually what determines how a used-vehicle claim develops:
Learn more about our California lemon law practice, the Song-Beverly Act, and consumer warranty claims.
It can. California’s lemon law generally applies to used vehicles that are still covered by the manufacturer’s original warranty, sold with a dealer’s written warranty, or purchased as certified pre-owned. A vehicle sold “as is” with no warranty is generally not covered.
Generally no. California’s lemon law is directed at manufacturers and dealers who sell with a warranty, so a private-party sale between two individuals is usually outside its protections. Other legal claims may still apply if a seller concealed something material about the vehicle.
A certified pre-owned vehicle is a used vehicle sold with a manufacturer-backed warranty. Because that warranty exists, CPO vehicles are among the used vehicles most likely to fall within the lemon law’s protections.
Yes. Lemon law claims in California are generally subject to a four-year statute of limitations, and the clock can begin running when the defect first became apparent. Because timing rules vary with the facts, it is best to have your situation reviewed early.
An “as is” sale generally removes the warranty protections the lemon law depends on. There are exceptions, including when a written warranty was actually provided or when a material defect or prior damage was concealed at the time of sale.
Every used-car purchase is different. Contact us for a no-fee, no-obligation review of your situation.