Bought a Used Lemon in California? How to Pursue Repairs, Refunds, or a Buyback

Does California Lemon Law Cover Used Cars?

California’s Song-Beverly Consumer Warranty Act can protect used-vehicle buyers when a car is sold with a manufacturer’s warranty that is still in effect or with a dealer-provided express warranty. See California DCA’s ACP Lemon Law info and the Attorney General’s guidance. The Act also addresses used goods generally; see Cal. Civ. Code § 1795.5.

If the vehicle is sold strictly “as is,” Song-Beverly protections tied to express warranties are more limited. Still, other remedies (for example, for misrepresentation or undisclosed damage) may apply depending on the facts; see the AG’s page linked above.

What Counts as a “Lemon” for a Used Vehicle?

A used vehicle may qualify if it has nonconformities covered by an applicable warranty that substantially impair use, value, or safety, and the warrantor cannot repair the problem after a reasonable number of attempts during the warranty period. What is “reasonable” depends on defect severity, repair history, and days out of service. See Cal. Civ. Code § 1793.2 and the DCA guidance above.

California’s lemon law presumption sets specific thresholds under the Tanner Consumer Protection Act—primarily for new vehicles. Some used-vehicle claims won’t meet those thresholds (for example, timing measured from a vehicle’s original delivery), but you can still prove your case without the presumption. See Cal. Civ. Code § 1793.22 and DCA’s ACP page.

Your Potential Remedies: Repairs, Refund, or Buyback

• No-cost repairs for covered defects during the warranty period.
• Replacement or repurchase (buyback) by the manufacturer when a vehicle under the manufacturer’s warranty isn’t fixed after a reasonable number of attempts. See § 1793.2.
• Incidental damages and, for prevailing consumers, potential attorney’s fees. In willful cases, courts may award civil penalties (up to two times actual damages). See § 1794.

Dealer-only express warranties can still create rights under Song-Beverly, but available remedies may differ from manufacturer repurchase/replacement obligations. Review your specific warranty documents.

Key Requirements and Proof

• The car was covered by a manufacturer or dealer express warranty when the defect was presented for repair.
• The defect is covered by that warranty.
• The warrantor had a reasonable opportunity to repair.
• The defect substantially impairs use, value, or safety.

Save every repair order, invoice, parts list, and communications; log symptoms, mileage, and all days out of service.

Manufacturer Arbitration and BBB Programs

Some manufacturers participate in California’s state-certified programs through the Arbitration Certification Program (ACP). Arbitration can be faster and informal, but awards and fees may be limited. Using a certified program is not generally required to file a lawsuit; however, if a certified program exists, resorting to it may be relevant to invoking the statutory presumption. See § 1793.22.

Certified Pre-Owned (CPO) and Dealer Warranties

CPO vehicles often retain the remaining manufacturer warranty and may add extra coverage. Dealer warranties vary widely and may be repair-only. For lemon-law eligibility, defects must arise and be presented for repair while covered. Read all exclusions (wear-and-tear, modifications, accidents) carefully. Repurchase/replacement generally ties to manufacturer obligations when a manufacturer’s warranty applies.

Used Cars Sold “As Is”

When a used car is sold strictly “as is,” implied warranties may be disclaimed by the seller. That does not end all rights—misrepresentation, odometer/title issues, or undisclosed salvage/flood history can support other claims. See the California Attorney General’s consumer guidance.

Deadlines and Time Limits

Song-Beverly and related claims are subject to statutes of limitation and other time-sensitive requirements. The timing can vary by warranty terms and facts. Act promptly and consult a California attorney about your deadlines.

Next Steps if You Suspect a Lemon

• Gather key documents: purchase/lease agreement, warranty booklet, repair orders, invoices, and communications.
• Return to an authorized dealer and clearly describe symptoms; request that all findings be documented.
• Track repair attempts and all days out of service.
• Escalate to the manufacturer’s customer-care line and request repurchase or replacement if repairs fail.
• Consider a state-certified arbitration program if available.
• Speak with a California lemon-law attorney to evaluate eligibility and strategy.

FAQs

Does California lemon law apply to private-party sales?

It can if a transferable manufacturer warranty is still in effect or if the seller provided an express warranty. Otherwise, Song-Beverly remedies are limited, though other consumer laws may help depending on the facts.

How many repair attempts are considered “reasonable”?

It depends on defect severity and safety. Serious safety defects may require fewer attempts; otherwise, several attempts or extended days out of service can suffice.

Can I get a buyback on a dealer-only warranty?

Buyback/replacement is typically tied to manufacturer obligations. Dealer-only express warranties can still support repair or damages claims under Song-Beverly.

What if the dealer says the problem is “normal”?

Ask for the statement in writing, request a test drive with a technician, and seek a second opinion at another authorized dealer. Continue documenting.

What We Do for Clients

We analyze your warranty coverage, repair history, and eligibility; communicate with the dealer and manufacturer; pursue a refund, replacement, or buyback where available; and guide you through arbitration or litigation. Request a free case evaluation.

Citations

• Cal. Civ. Code § 1793.2 (manufacturer/service obligations; remedies)
• Cal. Civ. Code § 1794 (buyer’s remedies, attorney’s fees, civil penalties)
• Cal. Civ. Code § 1793.22 (Tanner Consumer Protection Act; presumption)
• Cal. Civ. Code § 1795.5 (used goods; implied warranties)
• California DCA — Arbitration Certification Program (ACP) Lemon Law Info
• California Attorney General — Car Buyer’s Bill of Rights and Lemon Law

Disclaimer

This blog is for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship. Laws and deadlines change, and outcomes depend on your specific facts—consult a qualified California attorney about your situation.