What Is the Lemon Law in California for Used Cars
California's Lemon Law, codified as Civil Code § 1793.2 to 1793.26, provides legal remedies for consumers who purchase defective motor vehicles. This law requires manufacturers to replace or refund vehicles with substantial defects that are unrepairable. California's lemon law applies primarily to new vehicles purchased or leased in the state that remain under the manufacturer's new-vehicle warranty. However, the law also extends to used vehicles under specific circumstances. According to the California Attorney General, a used vehicle qualifies for lemon law protection when it is sold with the balance of the manufacturer's original new-vehicle warranty still in effect. This means the vehicle must still be within the warranty period that began when the car was originally sold as new. If the manufacturer cannot repair a defect that substantially impairs the vehicle's use, value, or safety after a reasonable number of attempts, the buyer may be entitled to a replacement vehicle or refund.
Under the law, a reasonable number of repair attempts is presumed when, within 18 months of delivery or 18,000 miles on the odometer (whichever comes first), one of the following occurs: the same serious defect has been subject to repair four or more times, a life-threatening defect has been subject to repair two or more times, or the vehicle has been out of service for more than 30 calendar days for warranty repairs.
What Protections Do Used Car Buyers Have in California?
While California's lemon law offers limited protection for used vehicles, federal legislation provides important safeguards for consumers purchasing previously owned vehicles.
Magnuson-Moss Warranty Act
The Magnuson-Moss Warranty Act offers federal protection for used vehicle transactions. This statute covers any consumer product sold with a written warranty, including used vehicles. Under this act, buyers may pursue remedies for breach of express warranties, breach of implied warranties, and violations of service contract terms.
FTC Used Car Rule
The Federal Trade Commission requires a Buyer's Guide to be displayed by dealers on every used vehicle offered for sale. Under the Used Car Rule, this disclosure document must specify:
- Whether warranty coverage applies or the vehicle is sold "as is"
- Which vehicle systems and components fall under warranty terms
- The length of time warranty protection remains in effect
- What portion of repair expenses the dealer covers under warranty
- Recommendations to secure vehicle history documentation and verify outstanding safety recalls
Understanding "As Is" Sales in California
Many used vehicles in California are sold "as is," a designation that significantly limits buyer protection. According to the California Department of Motor Vehicles, there are very few laws protecting consumers when buying a used car, especially when the car is sold "as is."
What "As Is" Means for Buyers
When you purchase a vehicle "as is":
- The dealer has no obligation to cover repair costs following the transaction
- You bear complete responsibility for any mechanical issues with the vehicle
- Defects found right after buying the vehicle are at your expense
- Standard implied warranty protections generally do not exist for these sales
Limited Exceptions to "As Is" Sales
Even with an "as is" sale, certain legal remedies may exist if:
- The dealer deliberately hid known defects
- The dealer provided false information leading to the purchase
- The vehicle's defects were severe enough to prevent normal use
Filing a Consumer Complaint
When disputes arise with used car dealers, California consumers can file complaints with the following agencies.
California Attorney General
Public Inquiry Unit
P.O. Box 944255, Sacramento, CA 94244
Phone: (916) 210-6276
Toll-free: (800) 952-5225
Official Website: Public Inquiry Unit
