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.

By: Michael H. Rosenstein, Esq.

Nearly every day, our office receives calls from consumers wondering if California’s lemon law applies to their used cars.  The short answer is, “yes.”  The lemon law applies to used vehicles in many of the same ways as it does to new vehicles.  Additionally, for used vehicles, there are subtleties to the law that an expert lemon law attorney can best help you to understand.  If your used vehicle has turned out to be a clunker, we invite you to contact our firm today for a free consultation: (833) LEMON-FIRM.  

One of the key issues in determining if a used car qualifies under the lemon law is whether or not the vehicle was sold with a warranty.  

Used Cars Sold with the Original Manufacturer’s Warranty

Many used vehicles sold throughout the state are sold with all or portions of the original manufacturer’s warranty.  Most vehicles are delivered from the factory with a “basic” or “bumper-to-bumper” warranty, which covers the majority of vehicle components and a “powertrain” warranty, which covers engine, transmission, and related parts.  

Additionally, all vehicles throughout the state are accompanied by California’s emissions component warranty coverage for 7-years or 70,000-miles. This emissions warranty is an addition to the Federal 8-year 80,000-mile Emissions Warranty. The California Emissions Warranty covers many more smog parts than the Federal Emissions Warranty for 8/80.  

If your used vehicle’s defects are covered by one or more of the above warranties, then the lemon law will apply to your used vehicle in the same manner that it applies to a new vehicle.  To learn more, please give us a call for a free consultation.   

Used Cars Sold without a Warranty

Vehicle buyers may also purchase used cars without a warranty or “as is.”  Such vehicles are oftentimes sold for marked down prices on the assumption that the buyer will absorb the cost of repairs.  However, serious vehicle issues can arise, which outweigh can be pricier than the vehicle itself. In those cases, dealerships and manufacturers may attempt to dodge blame for the sale of the defective vehicle, saying that it was sold “as is” and, therefore, the buyer has no recourse.   

However, for a vehicle to truly qualify for an “as is” sale, the dealership must meet strict disclosure requirements.  An “as is” disclaimer must be disclosed on the buyer’s guide for that vehicle. What is more, the buyer’s guide has to be clear and displayed on the vehicle itself. The buyer’s guide must state that the vehicle is sold “as is” and must also include that the quality and performance of the vehicle is the buyer’s sole responsibility. The document should also explain that if the vehicle exhibits a single or even many defects after purchase, the buyer is responsible for the cost of repairs.  If a dealership doesn’t meet all of these requirements, then it may be unable to hide behind the “as is” provisions.  

California’s Lemon Law Covers Used Vehicles, Too

Just because your car was purchased used does not mean that you are without legal recourse.  CCA’s attorneys have helped countless used vehicle owners with their lemon law claims. If your used car hasn’t met your expectations, we invite you to call us today for a free consultation with a lemon law expert: (833) LEMON-FIRM.  

CCA services consumers throughout the State of California and persons that purchased their vehicles in California, only