California's lemon law protects used-vehicle buyers too. If your certified pre-owned, dealer-warrantied, or balance-of-warranty vehicle cannot be fixed, you may be entitled to a buyback, replacement, or cash settlement. We also handle dealer fraud, undisclosed accidents, and buy-here-pay-here abuses.
Most consumers believe California's lemon law protects only new vehicles. That is wrong. Civil Code section 1795.5 extends Song-Beverly warranty protections to used consumer goods whenever the seller issues a written warranty. That single provision captures nearly every significant category of used-car sale in California: certified pre-owned vehicles, dealer-warrantied used cars, and used vehicles sold with any balance of the original manufacturer's warranty.
When a written warranty is in place, the same Song-Beverly remedies apply: a reasonable number of repair attempts, and then a buyback, a replacement, or a cash-and-keep settlement, with attorney fees paid by the responsible party under Civil Code 1794(d).
Manufacturer-backed CPO programs (Honda True Certified, Toyota Certified, BMW CPO, Ford Blue Advantage, etc.) include written warranties that trigger full Song-Beverly protection.
Independent and franchise dealers that issue their own written warranty trigger coverage under Civil Code 1795.5 for the duration of that warranty.
If the original new-vehicle warranty is still in effect at the time of your used purchase, it transfers with the vehicle and supports a direct Song-Beverly claim against the manufacturer.
Used-car cases often involve more than warranty failures. They involve misrepresentations at the point of sale. California provides overlapping consumer protection statutes for those scenarios:
Typical fraud patterns we see: undisclosed prior accidents, undisclosed salvage or flood title history, rolled-back odometers, misrepresented certified status (the car was called "certified" but never actually passed the manufacturer's CPO inspection), and bait-and-switch financing.
Buy-here-pay-here dealers operate on internal financing, typically at the maximum interest rate allowed by the Rees-Levering Automobile Sales Finance Act. Common abuses include:
Where a written warranty exists, Song-Beverly applies. Where the dealer defrauded the buyer, the CLRA and UCL apply. Where both are present, damages stack.
The statutory mileage offset under Civil Code 1793.2(d)(2)(C) still applies, but with used vehicles the math is based on what you paid, not the original MSRP, and on miles driven from the date of your sale to the first repair attempt. That often makes the offset smaller than people expect. Your buyback is based on your price, your taxes, your fees, and your incidental damages, less a mileage deduction limited to the period between your purchase and the first repair attempt for the defect.
What if my used-car warranty has already expired?
The claim is preserved if the defect first appeared and was reported while the warranty was in effect. Expiration after notice does not extinguish the right to a remedy.
Can I sue the selling dealer and the manufacturer in the same case?
Yes. A dealer is the manufacturer's statutory agent for warranty purposes. Depending on the facts, both entities can be joined, and CLRA and fraud claims can run against the dealer separately.
Do I have to return the car to get a refund?
The vehicle is surrendered at the time of buyback, but not before. You keep the vehicle during the pendency of the case and surrender it when the buyback closes.
Free consultation. No fee unless we win. We handle Song-Beverly, CLRA, and dealer fraud together.