Does California’s Lemon Law Apply to Private Car Sales?

Buying a used car from a private seller in California can feel like a steal—lower prices, no dealership pressure or crazy dealer price add-ons. But what happens when that “great deal” turns into a lemon with hidden problems? Maybe the engine sputters, the brakes fail, or you discover the car’s history is shadier than advertised. You might wonder: Does California’s Lemon Law protect you in a private sale? 

At West Coast Trial Lawyers, we’ve seen countless buyers go through this tricky situation, and we’re here to break it down for you. From why private sales are excluded to smart ways to protect yourself, this guide has everything you need to avoid getting stuck with a lemon.

What Is California’s Lemon Law?

California’s Lemon Law, formally known as the Song-Beverly Consumer Warranty Act, is a car-owners best friend when a new or warrantied vehicle turns out to be defective. If your car has serious issues—like a faulty transmission or persistent electrical problems—and the manufacturer or dealer can’t fix it after a reasonable number of tries, the law steps in. 

You’re entitled to either a refund (minus a mileage offset) or a replacement vehicle.

Here’s the catch: the Lemon Law primarily covers new vehicles or certified pre-owned vehicles bought from a licensed dealer. Private sales—where you buy from an individual, like someone on Craigslist, Facebook Marketplace or a neighbor—don’t typically qualify. Why? Because private sellers aren’t in the business of selling cars, and the law holds them to different standards than professional dealers.

Real-World Example: Meet Alex from San Diego. He bought a used SUV from a private seller, thrilled at the low price. Two weeks later, the transmission failed. Alex hoped the Lemon Law would save him, but since it was a private sale with no warranty, he was out of luck. 

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Are There Any Exceptions?

While the Lemon Law rarely applies to private sales, there are a couple of scenarios where you might have some leverage:

• Transferable Manufacturer’s Warranty: If the car is still under its original warranty (say, a 3-year/36,000-mile warranty from Toyota), and that warranty transfers to you, you can seek repairs at an authorized dealer. For example, if your used Tesla Model 3 has a battery issue covered by its 8-year warranty, Tesla might fix it. But this doesn’t trigger Lemon Law remedies like a refund.
• Certified Pre-Owned (CPO) Confusion: Some buyers think they’re buying from a private seller, but the seller is actually a small dealer or operates under a business. If the seller is a licensed dealer, Lemon Law protections might apply, especially for CPO vehicles with extended warranties.

Pro Tip: Always check the seller’s status with the California DMV. A quick title check can reveal if they’re a dealer in disguise.

Why Private Sales Get Left Out 

The Lemon Law is built around warranties and retail transactions. Private sales rarely involve either. Here’s why private sales are excluded:

“As-Is” Nature

Most private sales are sold “as-is,” meaning you accept the car, warts and all. Unless the seller explicitly offers a warranty (which is rare), you’re on the hook for any problems post-sale.

Non-Retail Transactions

The Lemon Law applies to “retail sales” from licensed dealers or manufacturers. A private seller flipping their old sedan doesn’t count.

No Business Obligation

Private sellers aren’t professional dealers, so they’re not legally required to guarantee the car’s condition or offer repairs like a dealership would.

Even if the car is still under the manufacturer’s warranty, the Lemon Law’s refund or replacement remedies don’t extend to private sales. You might get repairs covered under the warranty, but don’t expect a full buyback.

Alternative Legal Options When Lemon Law Doesn’t Apply

No Lemon Law protection? Don’t lose hope. If your private sale goes bad, you might have other legal paths to explore:

Fraud or Misrepresentation

If the seller lied about the car’s condition—like claiming “no accidents” when it’s been totaled—you could have a fraud claim under California’s consumer protection laws. For instance, if you bought a sedan advertised as “perfectly maintained,” only to find it had a salvage title, you can file a fraud case with an attorney’s help and get compensation for it.

Breach of Contract

If the seller made written promises (e.g., “new brakes installed” in the bill of sale) and those promises don’t hold up, you might sue for breach of contract.

California’s Used Vehicle Laws

While not part of the Lemon Law, California’s Car Buyer’s Bill of Rights offers some protections, like requiring clear title disclosures. Violations could support a claim.

How to Protect Yourself in a Private Car Sale

Since the Lemon Law won’t have your back in a private sale, you’ve got to be your own hero. Here are some practical steps to avoid a bad deal:

• Get a Pre-Purchase Inspection: Hire an independent mechanic to check the car thoroughly. A $100 inspection could save you thousands in repairs. Look for issues like worn tires, engine leaks, or frame damage.
• Run a Vehicle History Report: Use services like Carfax or AutoCheck to uncover accidents, title issues, or odometer fraud. A clean report doesn’t guarantee perfection, but red flags are a deal breaker.
• Document Everything: Save texts, emails, and ads from the seller. If they claim “new battery” or “recent tune-up,” get it in writing. A detailed bill of sale with the VIN, price, and terms is a must.
• Verify the Title: Confirm the seller owns the car outright with no liens. The DMV’s online tools can help you check for clear titles.
• Test Drive Carefully: Spend at least 20-30 minutes driving the car in various conditions—highways, city streets, and hills. Listen for odd noises and test all features (AC, windows, brakes).

When to Call a Lawyer

If you’ve bought a car from a private seller and suspect foul play—like hidden defects or outright lies—it’s time to talk to an attorney. A lawyer can review your case, check for fraud or contract breaches, and fight for compensation. At West Coast Trial Lawyers, we’ve helped clients turn bad deals into fair outcomes, whether through settlements or court victories.

Why West Coast Trial Lawyers Is Your Go-To

Dealing with a shady private car sale can leave you feeling cheated and stuck with no-one to turn to. That’s where WCTL comes in. We’re not just attorneys—we’re advocates who know how to hold sellers accountable. Here’s why clients trust us:

• Free Case Reviews: We’ll evaluate your situation at no cost and explain your options with transparency.
• No Upfront Fees: You pay nothing unless we win!
• Proven Results: From fraud claims to contract disputes, we’ve recovered millions for clients across California.
• Elite Legal Representation: Our attorneys graduated from law schools like Harvard and make constant appearances as legal analysts on major news outlets.  

Don’t let a bad private sale mess-up your finances or peace of mind. 

Call us for a FREE case review at (213) 927-3700 or reach out via this quick online contact form today!