Lemon Law California: When to Sell a Car Under the Warranty

In California, there is a law called the Lemon Law. When you purchase a car in California, you automatically enter into a legal contract with the seller. This contract, known as the “lemon law,” outlines your rights and remedies if your car turns out to be a lemon.

This law gives you specific guidelines on selling your car and receiving a refund or replacement from the manufacturer. If your vehicle falls under the criteria of the Lemon Law, it’s important to know your rights and what steps to take.

This article will explain when you should sell your car under warranty. Keep reading to learn more!

Lemon Law in California and its key points

In California, the Lemon Law is a law that protects car buyers who have purchased cars that turn out to be defective. The law sets up a process for buyers to follow if they have issues with their car, and it also allows them to get a refund or a new vehicle if their car does not meet specific standards.

The key points of the California Lemon Law are:

  • The law applies to all new cars that have been leased or purchased in California.
  • If a car has a defect that cannot be fixed after a reasonable number of attempts, the buyer can take legal action against the manufacturer.
  • The buyer is entitled to a refund or a replacement car if they fall under the Lemon Law criteria.

Buyer’s rights under the Lemon Law

If your car meets the criteria for the Lemon Law, you have several rights as a buyer.

Your rights include:

  • The right to a refund or a replacement car
  • The right to have the car repaired by the manufacturer
  • The right to cancel the contract and receive a full refund
  • The right to take legal action against the manufacturer

How do you know if your car is a lemon under the law?

When purchasing a new or used car, you likely have a few things on your mind. How much is it going to cost? What kind of gas mileage will it get?

And, if you’re like most people, you’re probably wondering what happens if the car starts having problems soon after you buy it. Do you have any recourse under the Lemon law?

Criteria for a car to fall under the Lemon Law in California

There are several criteria that a car must meet to fall under the Lemon Law in California.

The car must:

  • Have been purchased or leased in California
  • Under warranty at the time of the defect
  • Meet specific mileage requirements

How do you sell a car that the Lemon Law covers in California?

It can be difficult to sell if your car has been determined to be a “lemon” under California law. Here’s what you need to know about how to go about selling a lemon in California.

  • You must inform the potential buyer of the car’s history, including that it is a lemon law car.
  • You are not allowed to misrepresent the car in any way or falsify information about its history.
  • The buyer has the right to take the car to a mechanic of their choice for inspection before making a purchase.
  • You’ll need to price the car competitively and include all available warranties and guarantees.
  • The buyer has the right to a full refund if they decide not to buy the car.

If you are selling a lemon in California, it is important, to be honest and upfront with potential buyers about the car’s history. By disclosing that the car is a lemon law vehicle, you allow the buyer to decide whether or not to buy it. And, if the buyer chooses not to purchase the car, you are required to give them a full refund.

Drawbacks to using the Lemon Law to sell your car in California

When you’re selling a car in California, there are a few ways to go about it. You could trade it into a dealership, sell it yourself, or use the Lemon Law.

While using the Lemon Law can be helpful in some situations, some drawbacks should be considered before making your decision.

  • The Lemon Law is a long and complicated process that can be difficult to navigate.
  • If the buyer decides to take you to court, you may have to spend a lot of money on legal fees.
  • You are not allowed to misrepresent the car in any way or falsify information about its history.

Considering these drawbacks, it’s important to weigh the pros and cons of using the Lemon Law to sell your car before making a decision. By carefully considering all your options, you can make the best choice for selling your car.


If you have a lemon car, it’s important to know your rights and take the proper steps. You can find more information on our website or speak to an attorney to help you navigate the process.

Don’t let yourself be taken advantage of by the manufacturer; protect your investment with the Lemon Law.

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