Defective Used Car? California Lemon Law Can Help Now

California’s Song-Beverly Consumer Warranty Act (the “Lemon Law”) can apply to some used vehicles, particularly when a manufacturer’s new car warranty is in play. The details matter, including which warranty applies, how many repair attempts have occurred, and whether the defect substantially impairs use, value, or safety.

Does California’s Lemon Law Cover Used Cars?

Yes—if certain conditions are met. The Lemon Law’s buyback/replacement remedy applies to “new motor vehicles,” a term that includes some used cars sold with a manufacturer’s new car warranty still in effect. See Cal. Civ. Code § 1793.22(e)(2). Official guidance from the California Attorney General and the Department of Consumer Affairs confirms that certain used vehicles can be covered when the manufacturer’s warranty applies.

Bottom line: If the manufacturer’s new car warranty still covers the vehicle at the time of your purchase (or applies during your repair attempts), your used car may qualify. For CPO vehicles, eligibility depends on the exact warranty terms and whether the manufacturer’s new car warranty is in effect or extended.

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

A vehicle may qualify if: (1) it has a defect that does not conform to an express warranty; (2) the defect substantially impairs the vehicle’s use, value, or safety to the buyer; and (3) the manufacturer or its authorized dealer cannot repair it after a reasonable number of attempts. See Cal. Civ. Code § 1793.22(a)-(b), (e).

The statute also provides a rebuttable presumption that a reasonable number of attempts has occurred if certain thresholds are met, such as multiple repair attempts for the same problem or 30 or more cumulative days out of service. See § 1793.22(b). Whether the presumption applies in your case depends on specific facts and timing.

Types of Warranties That Matter

• Manufacturer’s new car warranty still in effect: Used cars sold with the manufacturer’s new car warranty can be treated as “new motor vehicles” for Lemon Law purposes. See § 1793.22(e)(2).
• Certified pre-owned (CPO) warranties: Many CPO programs provide manufacturer-backed coverage. Whether the Lemon Law’s buyback/replacement remedy applies depends on how the CPO warranty interacts with the manufacturer’s new car warranty and the specific terms.
• Dealer/seller warranties: Express warranties from the seller may provide remedies. However, the Lemon Law’s buyback/replacement remedy in § 1793.2(d)(2) is tied to “new motor vehicles.” Other Song-Beverly remedies may still apply to breaches of express warranties on consumer goods.

Vehicles sold strictly “as is” generally limit Lemon Law remedies unless a separate applicable warranty or misrepresentation is involved.

What Remedies Are Available?

If your vehicle qualifies and the defect persists after a reasonable number of repair attempts, the manufacturer must either repurchase or replace the vehicle. See Cal. Civ. Code § 1793.2(d)(2). Repurchase typically includes the amount paid (subject to a mileage/use offset under § 1793.2(d)(2)(C)) plus certain incidental and collateral charges. In some cases, civil penalties of up to two times actual damages are available for willful violations (§ 1794(c)), and prevailing buyers may recover reasonable attorney’s fees and costs (§ 1794(d)).

What You Should Do Right Now

• Gather records: purchase/lease contract, warranty booklet, and all repair orders/invoices.
• Use authorized service: take the car to a manufacturer-authorized dealer so the manufacturer has the opportunity to repair under warranty (§ 1793.2(b)).
• Document everything: dates, symptoms, mileage in/out, and total days out of service.
• Return promptly for repeat issues: do not ignore warning lights or safety concerns.
• Talk to a lawyer early: a brief review can clarify eligibility and next steps.

Common Issues in Used Car Lemon Claims

• Powertrain: transmission shuddering/failure, engine stalling, abnormal oil consumption.
• Electrical/infotainment: battery drains, software failures, nonfunctional screens/cameras.
• Safety systems: brake defects, airbag or seatbelt warnings, ADAS sensor faults.
• Emissions/drivetrain warnings: persistent check-engine lights with repeat, unsuccessful fixes.
• Water leaks/HVAC: mold, electrical corrosion, inoperable heating or A/C.

Certified Pre-Owned vs. Regular Used

CPO vehicles are often sold with manufacturer-backed warranties, which can make claims more straightforward if defects persist. Regular used vehicles may still be covered if the manufacturer’s new car warranty remains in effect. Whether the Lemon Law’s buyback/replacement remedy applies turns on whether your vehicle qualifies as a “new motor vehicle” under § 1793.22(e)(2). Always read the warranty language.

How Long Do You Have?

Deadlines can affect your rights. Exact timelines vary based on warranty terms, when the defect arose, and applicable statutes of limitations. Act promptly: obtain authorized repairs, preserve records, and consult counsel to protect your claims.

Must the Dealer or Manufacturer Get More Repair Attempts?

The manufacturer (through an authorized facility) must have a reasonable opportunity to repair. What counts as “reasonable” depends on defect severity, persistence, and days out of service. The statute provides a rebuttable presumption when certain thresholds are met. See § 1793.22(b).

What If the Manufacturer Denies Your Claim?

Manufacturers may dispute coverage, defect existence, or repair adequacy. If denied, an attorney can assess eligibility for repurchase or replacement, potential civil penalties, and fee recovery. Some manufacturers offer third-party dispute resolution programs. You are not required to accept any result that fails to meet California law; however, in some circumstances, using a qualified program affects the statutory presumption. See § 1793.22(c).

Practical Tips

Quick Checklist

FAQ

Does California’s Lemon Law cover private-party purchases?

Coverage typically hinges on an applicable express warranty and the manufacturer’s opportunity to repair. Private-party sales without a transferable manufacturer warranty are less likely to qualify for Lemon Law buyback, though other consumer remedies may exist.

Can I stop taking the car in if the dealer says it’s normal?

No. Continue using an authorized dealer and document each visit. Repeat complaints and days out of service help establish a reasonable number of repair attempts.

Will I owe money if the car is repurchased?

Repurchase is generally the price paid minus a statutory mileage offset, plus certain incidental and collateral charges. Attorney’s fees for a prevailing buyer may be recoverable under the statute.

Need help now? Contact us for a free case review.

Sources

• California Attorney General – Lemon Law
• California Department of Consumer Affairs – Lemon Law Overview
• Cal. Civ. Code § 1793.2
• Cal. Civ. Code § 1793.22
• Cal. Civ. Code § 1794

California-Specific Disclaimer

This post provides general information about California law only and is not legal advice. Reading it does not create an attorney-client relationship. Laws and deadlines can change and may vary with your facts. Consult a qualified California attorney about your specific situation.