Short Answer
As of late 2024 / 2025, most used cars no longer receive full protection under the Song-Beverly Consumer Warranty Act (the “California Lemon Law”). However, used cars sold as certified pre-owned (CPO) — or otherwise sold with a new manufacturer-issued warranty at time of sale — may still qualify.
What Changed: The Critical 2024 Court Ruling
- On October 31, 2024, the Supreme Court of California ruled in Rodriguez v. FCA US, LLC that a used vehicle — even if it still has the original manufacturer’s warranty — does not qualify as a “new motor vehicle” under the Song-Beverly Act.
- As a result, the “refund or replace” remedy (the classic “lemon-law buyback or replacement”) is generally not available for used cars with only the balance of an old factory warranty.
- The Court’s ruling overturned decades of broader interpretations that sometimes allowed used-car buyers to seek Lemon Law compensation.
When a Used or Pre-Owned Car Does Qualify
Under current law after the ruling, a used (or pre-owned) car can still qualify if and only if:
- It is sold as a Certified Pre-Owned (CPO) vehicle via an authorized dealership for that manufacturer, and
- The sale includes a fresh manufacturer-issued (or otherwise valid) warranty at the time of sale — not merely the leftover portion of a preexisting warranty.
In practice, that means many standard used cars purchased “as-is,” or even with a remaining manufacturer warranty, no longer have full Lemon Law protection.
What No Longer Works (or Is Risky)
- Buying a used car with just the remainder of the original factory warranty — even if that warranty hasn’t expired — is not enough to trigger full Lemon Law protections.
- Independently “certified” used cars (from used-car lots, third-party certification programs, or private sellers) almost never qualify for protection under the Song-Beverly Act.
- Private-party sales (not from a dealership) are similarly outside the scope of Lemon Law coverage unless there’s a valid warranty and explicit representation at sale.
What Happens If You Buy a Defective Used Car (Post-2024)?
If you find yourself stuck with a defective used car that doesn’t meet the “CPO + new warranty” criteria:
- You likely cannot pursue the refund-or-replace remedy under the Song-Beverly Act.
- You may still have other legal options — for example, under general warranty law or other consumer-protection laws (depending on circumstances). There is also a chance for possible claims under federal warranty law (Magnuson-Moss Warranty Act) or against the dealer under fraud/ misrepresentation, but these are more complicated and case-dependent.
What This Means for Used Car Buyers in California (2025)
- Before you buy: Ask explicitly whether the used car is a “Certified Pre-Owned” with a manufacturer-issued warranty at sale. Get all warranty paperwork in writing.
- If you already own a used/CPO vehicle with serious defects: Check whether the sale included a new warranty — if not, full Lemon Law protections may not apply.
- Document everything: repair attempts, defect history, communications with the dealer — if you might have some other type of warranty-based or fraud-based claim, documentation matters.
Why This Update Matters (and What Consumers Should Know)
- The 2024 Supreme Court ruling significantly reshaped consumer expectations in California — many who assumed used cars remained covered under Lemon Law have had their rights narrowed.
- The change underscores the importance of buying with warranty coverage in mind, not just relying on “remaining factory warranty.”
- For sellers/dealers: must be transparent about warranties and avoid misrepresenting coverage; for buyers: due diligence and paperwork is now more important than ever.
The bottom line:
As of 2025, used cars in California are generally not covered by Lemon Law — unless they’re certified pre-owned vehicles sold with a fresh manufacturer-issued warranty at time of sale. If you own or are buying a used car, be sure to confirm exactly what warranty coverage applies. For a free consultation to see if your car is a lemon, give us a call or fill out a form online.
