What Rodriguez v. FCA US changed
For almost 30 years, many California used-car buyers relied on Jensen v. BMW (1995), which allowed a refund or replacement when a used car was sold with part of the factory warranty left. In Rodriguez v. FCA US, LLC (17 Cal.5th 189), the Supreme Court disapproved Jensen. The buyers in that case had bought a two-year-old truck from a used-car dealer.
The Court read the phrase “other motor vehicle sold with a manufacturer’s new car warranty” in Civil Code § 1793.22(e)(2) as a catch-all for vehicles that are essentially new, such as demonstrators and dealer-owned cars, when a new-car warranty is issued with the sale. A car that simply carries over what is left of its original warranty does not qualify.
Many websites still describe the old Jensen rule. If a page says California’s lemon law covers any used car with factory warranty left, it is out of date.
Which used vehicles can still qualify?
| Vehicle | Buyback or replacement? |
|---|---|
| Demonstrator sold with a new-car warranty | Yes, counts as a new motor vehicle |
| Dealer-owned vehicle sold with a new-car warranty | Yes, counts as a new motor vehicle |
| Used car with leftover original warranty | No, after Rodriguez |
| Used car sold “as is” | No |
What still protects California used-car buyers
- The remaining factory warranty. The manufacturer must still repair defects the warranty covers, at no cost to you.
- The dealer’s implied warranty. When a dealer sells a used car with its own written warranty, Civil Code § 1795.5 adds an implied warranty that lasts as long as the written one, but never less than 30 days or more than three months.
- The federal Magnuson-Moss Warranty Act. It lets you sue to enforce a written warranty and recover attorney fees. See our federal lemon law guide.
- The Buyers Guide. Federal rules require dealers to post a Buyers Guide on each used car saying whether it comes with a warranty or is sold “as is”. Keep a copy.
To check how a new or demonstrator vehicle measures up, see if your car qualifies under your state’s lemon law.
Frequently asked questions
Does the California lemon law apply to used cars?
In most cases no longer for a buyback. Since Rodriguez v. FCA US (2024), a used car with leftover factory warranty is not a new motor vehicle under the lemon law unless a new-car warranty was issued with the sale. The manufacturer must still make warranty repairs.
Are demonstrator cars covered by the California lemon law?
Yes. Civil Code § 1793.22(e)(2) treats a demonstrator or dealer-owned vehicle sold with a manufacturer’s new-car warranty as a new motor vehicle.
How long is the implied warranty on a used car in California?
When the dealer gives a written warranty, the implied warranty lasts as long as the written one, but no less than 30 days and no more than three months (Civil Code § 1795.5).
Sources
Checked on October 10, 2026. Read how we verify every rule in our editorial policy.