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California used-car warranty: 30 days to 3 months & “as is” rights
California Civil Code §1795.5 sets special warranty rules when a dealer sells used consumer goods with an express warranty. The related implied warranties generally track that express warranty but cannot run for less than 30 days or more than three months. The final Buyer’s Guide and written warranty are key evidence.
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Key facts
- Federal rules require used-car dealers to display and provide a Buyer’s Guide stating whether the vehicle is sold “as is” or with a warranty and reflecting negotiated warranty changes.
- California Civil Code §1795.5 provides that when used consumer goods are sold with an express warranty, certain implied warranties run with that express warranty for at least 30 days and no more than three months, subject to the statute’s terms.
- A dealer’s oral promise is much harder to prove than a written promise, so repair commitments and warranty changes should appear in the final documents.
What to do next
- 1Locate the final Buyer’s Guide, warranty and service-contract documents.
- 2Identify who actually gave the warranty: dealer, manufacturer or third-party administrator.
- 3Write down the defect, first report date and every repair attempt.
- 4Compare the written coverage with any denial before deciding whether to pursue the dealer, warranty provider or another route.
How long can the implied warranty last under Civil Code §1795.5?
California Civil Code §1795.5 says that when used consumer goods are sold with an express warranty, the related implied warranty of merchantability and, where applicable, fitness generally runs for the same period as the express warranty. The statute sets a floor of 30 days and a ceiling of three months following the sale.
What does the federal Buyer’s Guide tell you?
The FTC requires used-car dealers to display and provide a Buyer’s Guide. It tells the buyer whether the vehicle is sold “as is” or with a warranty, what share of covered repair costs the dealer will pay, and reminds buyers to get promises in writing. Negotiated warranty changes should appear on the final Buyer’s Guide.
Does “as is” always end every possible warranty issue?
An “as is” disclosure is important, but the answer depends on the final Buyer’s Guide, any written dealer warranty, any manufacturer warranty and any service contract. A written promise can change the analysis, so compare every document rather than relying on one phrase in the sales contract.
Warranty, service contract and manufacturer coverage are different
A dealer warranty, remaining manufacturer warranty and paid service contract can involve different providers, exclusions and repair procedures. Identify who promised the coverage and follow that document’s claim process before assuming the selling dealer, manufacturer or administrator has the same obligation.
