Buying a used car can be a smart financial move, but it also comes with risks. What if that “great deal” turns out to be a vehicle plagued with serious defects? Fortunately, California offers legal protection not just for new car buyers but also for certain used vehicle purchases.
In this post, we’ll break down how the used car lemon law in California works, who it protects, and what you need to do if your used vehicle turns out to be a lemon.
Yes, California Lemon Law Can Cover Used Cars
The Song-Beverly Consumer Warranty Act, better known as California’s Lemon Law, is best known for protecting new car buyers. But many consumers don’t realize it also applies to used and pre-owned vehicles—if certain conditions are met.
You may be eligible for lemon law protection if:
- The used vehicle is still covered by the original manufacturer’s warranty
- You purchased the vehicle from a dealership, not a private seller
- The defect appeared during the warranty period
In other words, you don’t have to buy a brand-new car to have rights under California’s Lemon Law. But the key is whether the manufacturer’s warranty is still active when the problem shows up.
Which Used Cars Qualify?
To fall under the lemon law for pre-owned vehicles, the used car must meet the following criteria:
1. Covered by the Original Manufacturer’s Warranty
Lemon law protections don’t come from the dealership’s “30-day” or “limited” warranty. They apply only if the vehicle is still under the factory warranty (or a certified pre-owned warranty backed by the original manufacturer).
For example:
- A 2-year-old car with a 5-year/60,000-mile powertrain warranty may still qualify
- A Certified Pre-Owned (CPO) vehicle often includes extended warranty coverage that may trigger lemon law protections
2. Purchased from a Licensed Dealership
Vehicles bought through private-party sales (Craigslist, Facebook Marketplace, etc.) generally do not qualify under California Lemon Law. Your rights apply when the transaction is handled by a licensed dealer.
3. Defect Arises During Warranty Coverage
Even if the warranty is active at the time of purchase, the defect or issue must occur before that warranty expires. This is critical—if the problem arises after the warranty ends, lemon law coverage no longer applies.
What Kinds of Defects Are Covered?
The defect must be substantial—not just cosmetic. It must affect the safety, functionality, or value of the vehicle. Common examples include:
- Faulty transmission or engine
- Electrical system malfunctions
- Brake or steering failures
- Airbag issues
- Repeated stalling, overheating, or not starting
Minor annoyances like a squeaky door or broken radio typically won’t qualify unless they’re tied to a larger system defect.
What Are the Manufacturer’s Obligations?
Under the used car lemon law in California, once a defect is reported and verified, the manufacturer must:
- Attempt to repair the vehicle within a reasonable number of tries
- If repairs fail, offer a buyback or replacement
“Reasonable Number of Attempts” Explained
There’s no one-size-fits-all definition, but California courts generally recognize:
- Two or more attempts for serious safety issues
- Four or more attempts for non-safety-related defects
- Or, if the car is in the shop for over 30 total days, regardless of number of visits
If your car meets one of these standards and the issue isn’t resolved, the manufacturer is legally obligated to take action.
What Does a Buyback Include?
If your used vehicle qualifies as a lemon, the manufacturer must buy it back or offer a replacement vehicle.
In a buyback, they’ll refund:
- Your down payment
- Monthly payments made so far
- Registration fees
- Taxes
- Towing or rental costs related to the defect
They’ll subtract a mileage offset based on how long the car worked without issue, but the rest is yours.
For a replacement, the manufacturer must provide a vehicle of comparable value and features, plus cover transfer fees and taxes.
Used Vehicle Protections Beyond Lemon Law
Even if your vehicle doesn’t qualify under California Lemon Law, you may still have rights under other state laws, including:
1. Dealer Warranty Requirements
By law, California dealers must provide a minimum 30-day warranty on used vehicles under certain conditions (such as under 150,000 miles). If the dealer won’t fix something that’s clearly covered, you may have a claim.
2. Misrepresentation or Fraud
If a dealership knowingly sold you a defective vehicle, failed to disclose prior accidents, or rolled back the odometer, you may have grounds for a lawsuit—even outside of lemon law.
3. Used Car Buyer’s Bill of Rights
California requires dealerships to provide certain disclosures for used vehicle sales, including pricing transparency and financing terms. If these aren’t followed, you may have recourse.
Steps to Take If You Think You Have a Lemon
If your used vehicle is showing serious problems, here’s how to protect your rights:
1. Keep All Documentation
Save service records, repair invoices, and communications with the dealer. These are essential to proving your case.
2. Confirm Warranty Coverage
Double-check whether your vehicle is still under the original factory warranty or a certified pre-owned manufacturer-backed warranty.
3. Allow Reasonable Repair Attempts
Give the dealer or manufacturer an appropriate number of chances to fix the issue—California law requires this before a lemon claim can proceed.
4. Contact a Lemon Law Attorney
If repairs aren’t resolving the problem, contact an experienced lemon law lawyer. At Seven Law, we specialize in helping consumers deal with car manufacturers and dealerships that don’t play fair.
Why Work With Seven Law?
At Seven Law, we focus exclusively on California Lemon Law. That means:
- We know the system inside and out
- We fight aggressively for consumer rights
- You pay nothing unless we win
We handle everything—from reviewing your case to negotiating with the manufacturer—so you don’t have to stress over forms, deadlines, or legal jargon.
Stuck with a Problem Used Car? Get a Free Case Review Today.
Don’t let a dealership or manufacturer brush off your concerns. If your used vehicle has serious, recurring problems and is still under warranty, you may be entitled to a refund or replacement.
Contact Seven Law now for a free case review. There’s no cost unless we win, and we’ll tell you straight if your vehicle qualifies under California’s lemon law.