Do Used Cars Qualify Under the California Lemon Law?

The short answer is yes. The California Lemon Law can protect used and certified pre-owned vehicles, as long as an unexpired factory warranty still covers the defect. Here is what you need to know. Get a free case review if you believe your used car is a lemon.

When the Lemon Law covers a used car

The Song-Beverly Consumer Warranty Act protects a “new motor vehicle” and, importantly, it continues to protect that vehicle through subsequent owners while the manufacturer’s express warranty is still in force. A used or certified pre-owned car still under its original factory warranty can therefore qualify.

What matters is that the defect substantially impairs the vehicle’s use, value, or safety, and that the manufacturer has been given a reasonable number of repair attempts. A used car that is no longer under any factory warranty generally does not qualify under the lemon law, though other consumer-protection laws may still apply.

Certified pre-owned (CPO) vehicles

Many certified pre-owned programs come with an extended factory-backed warranty. If your CPO vehicle develops a substantial defect and the manufacturer cannot repair it after a reasonable number of attempts, you may be entitled to a repurchase or replacement under the Song-Beverly Act.

Important: check for undisclosed history

Buying used carries added risks, including undisclosed salvage titles, odometer fraud, and flood-damaged (“title-washed”) cars. If a dealer misrepresented the vehicle’s condition or history, that may be auto dealer fraud even if the lemon law itself does not apply.

Talk to a California lemon law attorney

Because every case turns on its own facts — the warranty, the repair history, and the defect — an experienced attorney should evaluate your situation. At Makler & Baker LLP we offer free case reviews and handle most consumer cases on a contingency basis. Call (866) 995-3666.

Related: Does the Lemon Law apply to used cars? (FAQ) · California Lemon Law Guide