A Lemon law car is typically newer, but there are also stipulations for used cars in California. With the latest California Lemon law used car ruling, many drivers are entitled to compensation.
California’s Lemon Law includes used cars if they meet certain criteria. Recent rulings change what’s included and how customers can be compensated, so it’s important to keep up with the latest information. If you have a defective car that cannot be repaired, you may be eligible for compensation or a replacement vehicle.
The Lemon Pros help car buyers get everything that’s owed to them. As experts in Lemon law protections and with a practice area focused on defective vehicles, our team has gone up against the largest auto manufacturers in California and won. Contact us today for a free consultation.
In this guide, we cover the latest news regarding the state’s Lemon Law and show you how it may apply to you. We also offer some guidance for filing claims due to defective used vehicles.
California Lemon Law is mainly focused on new vehicles with a car warranty, but there’s still hope for used car buyers. In California, used car buyers are protected by the Song Beverly Consumer Warranty Act. There’s also the Magnuson Moss Warranty Act that protects consumers on a federal level.
Used cars qualify for Lemon law cases if there’s still a manufacturer’s warranty in place. For this reason, it’s even more valuable to buy a Certified Pre Owned car when the budget allows. Otherwise, buyers should always be aware of dealer-provided warranties and the coverage they provide.
While there is a Lemon Law for used vehicles, private sales aren’t included. When you purchase a car from a private seller, you agree that the car is sold as-is, meaning there’s no warranty included.
The California Court of Appeal ruled in May 2024 that used car buyers could have protection if the vehicle was still under the new car warranty. The case, Stiles v. Kia Motors America, allowed for a California Lemon law claim for many of the newer model used cars with an unexpired manufacturer’s warranty.
Then, in October 2024, the California Supreme Court stated that used cars aren’t eligible for refund or replacement provisions unless the manufacturer’s warranty was issued at the point of sale, such as with CPO vehicles. The case, known as Rodriguez v. FCA US LLC limits some of the protections for consumers but still allows for compensation in the right circumstances.
Additionally, Governor Gavin Newsom signed Assembly Bill 1755 in December 2024 which changed some of the procedural regulations of the Lemon Law. Effective January 1, 2025, this law expedites some vehicle defect claims, but may also limit consumer rights in the process.
It can be difficult to keep up with the latest laws and know what happens every time the California Supreme Court rules on another provision. For this reason, it’s imperative to have a Lemon law attorney you can trust.
With a used motor vehicle, the same basic rules apply for Lemon Law as with a newer model, except for a few changes. For the defect to be eligible, it must substantially affect the use, value or safety of the vehicle. This defect could entail a critical malfunction with the engine or transmission but also encompasses minor issues with the electrical system, brakes, steering and other systems.
How long is the Lemon Law on a used car? That answer depends on the warranty coverage. Where new motor vehicles come with the manufacturer’s warranty, that isn’t always the case with a used car. However, a Certified Pre-Owned vehicle will still have the manufacturer's original warranty attached, giving the driver rights to better legal options if something goes wrong.
Additionally, you must have attempted to have the defect repaired. With the new or used car, California law states that there must be a minimum of four repair attempts for most issues and two failed attempts with serious safety concerns before Lemon law remedies may be pursued. The exception to this rule is if the dealership has had your car for more than thirty days.
The Song Beverly Consumer Warranty Act does exclude the following conditions:
There’s a clear distinction between the car warranty types available with a used car and which ones allow for coverage under the Song Beverly Act and Magnuson Moss Warranty Act. Used and new car buyers that have the manufacturer’s warranty in place receive a higher success rate of getting compensation. However, some dealer warranties are also eligible, depending on the circumstances.
Additionally, there’s coverage if there’s an implied warranty, but not all states offer this provision. With an implied warranty, there’s an expectation that the car will operate normally, considering its age and mileage. No matter which type, any remaining warranties must be in place when the defect first begins.
If the car was purchased from a private seller, it doesn’t have warranty coverage. These cars are considered as-is and there’s no Lemon law protection.
The consumer protection statutes with new cars allow for up to 18,000 miles or 18 months for the defect to be discovered, but that’s not the case with a used car. The time limit to discover the defect corresponds directly with the warranty on the vehicle.
However, there’s a statute of limitations that’s important to remember. From the time that you realize there’s a problem, you have four years to file a claim. It’s normally best to start this process as early as possible, leaving room for any issues to be dealt with.
It’s essential you know what to do if you bought a defective used car in California. Here are the steps you want to take:
Gather all documentation. Collect your original purchase agreement, the warranty paperwork and repair records to send with the claim. You also want to write down any communication you’ve had with the dealership. You can also get a copy of the car's history that may show there were defects recorded by the previous owner before it was sold to you.
Ask for repairs. You should go directly to the dealership and request repairs of the defective vehicle, especially if there’s a still active warranty in place. For a Lemon law claim to be valid, there need to be a minimum of four repair attempts in most situations. We recommend keeping a record of every attempt, along with notes about the outcome, or a detailed repair report.
Contact the dealership. You must first try to resolve the issue with the dealership. You can ask for further repairs, a replacement or a refund. Send your requests in writing and keep a copy for your records.
Consider a claim. If your car meets the requirements of California Lemon Law, you may be eligible for a buyback, replacement or refund.
Seek legal consultation. If the problem is unresolved, it’s best to have a free consultation with a qualified attorney. You need to know your rights and get support when going up against your local dealership or big car companies. Contact The Lemon Pros for a free case evaluation.
File a consumer complaint. Aside from submitting a Lemon law claim, you can also file with several consumer groups. These complaints protect consumers from bad dealerships and give the state a chance to take action. We recommend filing with the California Department of Consumer Affairs and the Better Business Bureau (BBB).
There are several available remedies when you win a Lemon law case. Consumer attorneys can help you determine which option is best for your situation.
You should always have representation when dealing with the dealership, just in case you have to take the case to the California courts. Thankfully, the dealership may be responsible for paying your attorney fees if your settlement is won. Many lawyers also work on a contingency basis, meaning nothing needs to be paid unless you win the case.
It’s much easier to file for a new Lemon law car, but there are reasons to get compensation on a used vehicle. If the original manufacturer’s warranty is in place, such as with a CPO vehicle, and you’ve allowed for a reasonable number of repair attempts, you may have a case. There are also times when it makes more sense to sue a car dealership, so it’s best to consult with a qualified Lemon law attorney.
Having a Lemon law attorney on your side provides several benefits:
While it’s always good that the consumer advocates for a quick resolution and their rights, we never recommend filing a Lemon law claim alone. Vehicle owners can easily miss one small detail with a claim that could cost compensation.
If you have a car with serious defects and a valid warranty, you have legal rights in California. You don’t need to be stuck with a used car lemon when there are ways to get compensation. However, you must act quickly before time runs out on your claim.
The Lemon Pros fight for compensation for vehicles sold that have defects. As the best Lemon law attorney in California, our team knows how to get a quick settlement, even with the new rules in place. Contact us today for a free case evaluation.
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