Yes. California's Song-Beverly Act is not limited to new vehicles. If your used car came with any written warranty, including a CPO program, a dealer-issued warranty, or a transferred balance of the original manufacturer warranty, you have lemon law rights.
The Song-Beverly Consumer Warranty Act, at California Civil Code section 1795.5, extends the statute's protections to used consumer goods sold with written warranties. For vehicles, that includes three distinct warranty types, any one of which triggers coverage.
Every major brand operates a CPO program with an extended limited warranty that layers on top of, or after, the original new vehicle warranty. Lexus Certified, BMW Certified Pre-Owned, Mercedes-Benz Certified Pre-Owned, Audi CPO, Porsche Approved, Toyota Certified Used, Honda Certified, Ford Blue Advantage, GM Certified, Hyundai H-Promise, Kia Certified, and Tesla Used Vehicle Limited Warranty all qualify as written warranties under Song-Beverly. A defect covered under the CPO warranty that the manufacturer or its authorized facility cannot repair after a reasonable number of attempts is a lemon claim.
The original New Vehicle Limited Warranty typically transfers to subsequent owners for the remainder of its term. If you bought a used 2022 vehicle in 2024 with 18,000 miles, the 3-year/36,000-mile bumper-to-bumper warranty is likely still active, and the 5-year powertrain or 8-year battery warranty certainly is. Defects reported during that balance period are lemon law claims against the manufacturer.
An independent dealer or a franchise used-car operation issuing its own 30-day, 60-day, 90-day, or multi-month warranty has issued a written warranty under Civil Code 1791.2. That warranty triggers Song-Beverly claims against the dealer. The dealer cannot disclaim the implied warranty of merchantability when it issues a written warranty, and it cannot shift the fee-shifting obligation.
Separate from any written warranty, Civil Code 1795.5 extends the implied warranty of merchantability to used vehicles sold by California dealers, limited to the shorter of the duration of the express warranty or three months. For a vehicle sold with no express warranty, the statute still provides a 30-day, 1,000-mile implied warranty floor. A vehicle that fails its basic purpose within that window, meaning it cannot safely transport you or has defects unknown at sale, supports a claim even without an express warranty.
An "as is" sale disclaims the implied warranty, but the disclaimer only works if it is prominent and in writing. Further, "as is" does not defeat fraud claims. Non-disclosure of a prior accident, salvage title, prior lemon buyback (which a dealer must disclose under Civil Code 1793.23), odometer rollback, or structural damage is actionable under the Consumer Legal Remedies Act at Civil Code 1770 and common-law fraud, with attorney fees available under Civil Code 1780(e).
Bring your purchase contract, warranty booklet, and repair orders. We will tell you exactly which statute covers you and what a proper remedy looks like.
The Civil Code 1793.2(d)(2)(B) formula applies, using the used-sale price rather than the original MSRP. For a $22,000 used purchase with $1,925 tax, $420 DMV, and 3,000 miles driven before the first repair attempt, the math runs: $22,000 + $1,925 + $420 = $24,345 subtotal. Mileage offset = $22,000 x 3,000 / 120,000 = $550. Statutory buyback = $23,795 before incidental damages. See our full buyback calculator.
In Rodriguez v. FCA US LLC (2022) 77 Cal.App.5th 209, the Court of Appeal held that the Song-Beverly "refund or replace" remedy at section 1793.2(d)(2) applies to "new motor vehicles," including those sold with a balance of new-vehicle warranty. The California Supreme Court granted review and issued its decision clarifying the scope of used-vehicle coverage. Certain used-car claims may face Rodriguez-style arguments about whether the statutory refund-or-replace remedy applies versus a general breach-of-warranty damages claim. Working with a California lemon law attorney is critical to plead the claim correctly under current appellate law.
Does the odometer reading matter?
Only for the mileage offset calculation. High-mileage used vehicles still qualify if a warranty is in effect and the defect is warranted.
Can I sue the selling dealer and the manufacturer together?
Yes, when multiple warranties overlap. The dealer's own warranty and the manufacturer's balance warranty can generate parallel claims.
What if the dealer sold me an extended service contract?
An extended service contract is typically not a "warranty" under Song-Beverly. However, certain service contracts tied to the sale by the manufacturer do qualify. Documentation matters; bring the paperwork.
Free consultation. No fee unless we win. Manufacturer pays your attorney fees under Civil Code 1794(d).