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Are Used Cars Covered by the Lemon Law?

California's Lemon Law is not limited to new vehicles. Protection can extend to certain used vehicles when they come with an express manufacturer warranty. Understanding when it applies can represent thousands of dollars in compensation.

When It Applies to Used Vehicles

A used vehicle is covered by Song-Beverly if: it comes with a written express warranty from the manufacturer or dealer (not just "as-is"), and the defect occurs or manifests within the warranty period. "Certified Pre-Owned" (CPO) vehicles from many manufacturers typically include extended warranties that may qualify.

The Implied Warranty of Merchantability

Additionally, Song-Beverly prohibits the "as-is" sale of used vehicles to consumers in California. Every vehicle sold in California to a consumer (not a dealer) comes with an implied warranty of merchantability guaranteeing the vehicle is fit for its ordinary use. If a vehicle was sold with substantial undisclosed problems, you may have a claim under this implied warranty.

What You Need to Document

For a lemon law case with a used vehicle: the purchase contract showing the written warranty, all dealer repair orders, any communications with the manufacturer or dealer about defects, and documentation of time out of service. If you purchased a used vehicle that has had repeated problems within the warranty period, contact us for a free evaluation.

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This article is for informational purposes only and does not constitute legal advice.

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