Can a Used Car Qualify for a Lemon Law Claim in California?

When most people think of the California Lemon Law, they imagine it only applies to brand-new cars fresh off the lot. But what if you buy a used vehicle and it starts acting up right away? Are you stuck with a bad deal, or does California law give you options?

The good news: California’s Lemon Law can cover used vehicles—but there are some important qualifications. Here’s what you need to know if you’re dealing with a defective used car in the Golden State.

California Lemon Law Basics

Under California’s Song-Beverly Consumer Warranty Act—commonly known as the California Lemon Law—consumers are protected if they buy or lease a vehicle that turns out to be defective and can’t be repaired within a reasonable number of attempts.

The law primarily applies to:

- Cars, trucks, and SUVs

- Purchased or leased in California

- For personal, family, or household use (and some small business vehicles)

How the Law Applies to Used Cars in California

California is one of the more consumer-friendly states when it comes to lemon law coverage for used vehicles. Here's how it works:

✅ The Vehicle Must Be Covered by a Warranty

To qualify for lemon law protection in California, the used vehicle must be sold with an active warranty. This could be:

- The original manufacturer’s warranty (if still in effect)

- A Certified Pre-Owned (CPO) warranty

- A dealer-provided limited warranty

If the car is sold “as is” without any warranty coverage, lemon law protection generally does not apply—but you may have other legal options.

✅ The Defect Must Be Substantial and Repeated

California law requires that:

- The defect substantially impairs the use, value, or safety of the vehicle

- The dealer or manufacturer has been given a reasonable number of attempts to fix it

- The issue is not caused by abuse, neglect, or unauthorized modifications

Typically, “reasonable” means at least two repair attempts for a serious safety issue, or four attempts for other problems, or the car is in the shop for more than 30 cumulative days.

What if the Lemon Law Doesn’t Apply?

Even if your vehicle doesn’t qualify under the California Lemon Law, you might still have recourse under:

- Implied Warranty of Merchantability (especially if bought from a dealer)

- Unfair or Deceptive Sales Practices (if you were misled about the car’s condition or history)

- Magnuson-Moss Warranty Act, a federal law that can support your claim if the car came with a written warranty

How to Protect Your Rights

If you believe you’ve bought a used lemon in California, here’s what you should do:

1. Keep detailed records– Repair invoices, communication with the dealer or manufacturer, and warranty documents are key.

2. Don’t wait – Time limits (statutes of limitation) can affect your ability to file a claim.

3. Consult a C&C Lemon Factory attorney – Especially since we specialize in California cases. We offer free consultations—and only get paid if you win.

Final Thoughts

Yes—a used car can absolutely qualify under the California Lemon Law, as long as it’s still under warranty and meets the other requirements. If your used vehicle is spending more time in the shop than on the road, you don’t have to accept that as your new normal.

At C&C Lemon Factory, we’ve helped countless California drivers get compensation for their defective used vehicles. If you’re unsure whether your situation qualifies, reach out for a free case review at 949-535-1800. You might have more options than you think.