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If you’re in the market for a used car in California, chances are you’ve seen the word “certified” plastered across dealer ads and windshields. It sounds reassuring, but what does it actually mean? More importantly, can dealers legally call any used car “certified”?
Thanks to California Vehicle Code § 11713.18, there are strict rules in place to protect buyers from misleading “certified pre-owned” claims. If a dealer violates any part of this section, it’s not just shady – it’s illegal.
When Is a “Certified” Used Car Not Really Certified?
California law says a dealer cannot advertise or sell a used vehicle as “certified” if any of the following conditions apply:
- False Odometer Readings: If the odometer has been rolled back, tampered with, or replaced to show fewer miles, and the dealer knew or should have known – it cannot be sold as certified.
- Lemon Law Buybacks: Any vehicle that was reacquired under state or federal warranty laws (e.g., Lemon Law repurchases) cannot be labeled as certified.
- Branded Titles: Cars with titles marked “Lemon Law Buyback,” “Salvage,” “Junk,” “Flood,” or similar designations must not be advertised as certified vehicles – regardless of repairs made.
- Major Damage: If the vehicle was previously damaged in a fire, flood, or collision, and the repairs substantially impair safety or use, it does not qualify for certification.
- Frame Damage: Any vehicle with known frame damage is automatically disqualified from being sold as certified.
- Missing Inspection Report: Dealers must provide a completed inspection report outlining what was checked before the sale. No report? No certification.
- Warranty Disclaimers: A car cannot be certified if the dealer disclaims the warranty of merchantability, meaning they don’t guarantee it will work as expected.
- “As Is” Sales: A used vehicle sold “as is” (with no warranty) cannot be promoted as certified, no matter how well it drives.
- Misleading Language: Finally, any use of “certified” or similar wording that is false or misleading, or that violates other consumer protection laws, is strictly prohibited.
What Happens if Dealers Break This Law?
Violations of § 11713.18 are actionable under major consumer protection laws, including:
- The Consumers Legal Remedies Act
- The Unfair Competition Law
- The False Advertising Law
These violations can also open the door to civil lawsuits, and victims may be entitled to compensation, refunds, or even the repurchase of their defective vehicles.
Importantly, the law makes clear that these protections are in addition to any other rights you already have – it’s not either/or. And yes, this includes rights under California’s Lemon Law.
Think You’ve Been Misled? You’re Not Alone
Many drivers don’t realize until it’s too late that their so-called “certified” vehicle was branded, damaged, or sold under false claims.
If you believe your vehicle was improperly certified, or you’re dealing with repeated vehicle issues—you don’t have to accept it.
Call 833-LEMON-FIRM today to speak to a case analyst. Whether it’s misrepresentation, mechanical failures, or warranty violations, we’ll help you understand your rights and explore options for compensation, replacement, or a full refund.