Usually not. Most California dealers can sell a used car "as is," as long as the FTC Buyers Guide on the car says so and the sale is properly disclosed. There are important exceptions. Buy-here-pay-here dealers must give a warranty of at least 30 days or 1,000 miles (Civil Code §1795.51). A dealer that gives any express warranty also takes on California's implied warranty for 30 days to three months (Civil Code §1795.5). And a dealer that sells a service contract within 90 days of the sale can't disclaim implied warranties on the covered systems.
Educational information only. This article is not legal advice.
In this article
- The rules at a glance
- The Buyers Guide
- Buy-here-pay-here warranty
- Certified used cars
- Frequently asked questions
The rules at a glance
| Situation | Warranty duty | Source |
|---|---|---|
| Ordinary used car sale, marked "As Is – No Dealer Warranty" on the Buyers Guide | None required | FTC Used Car Rule (16 CFR Part 455) |
| Dealer gives an express warranty | Dealer must honor it and maintain repair capability in California; implied warranties last as long as the express warranty, at least 30 days and at most three months | Civil Code §1795.5 |
| Dealer sells a service contract within 90 days | Can't disclaim implied warranties on covered systems | FTC; Magnuson-Moss Warranty Act |
| Buy-here-pay-here sale | At least 30 days or 1,000 miles, covering 14 component groups | Civil Code §1795.51 |
| Lemon Law | Only if the manufacturer's new-car warranty applies | Song-Beverly Act. See How long is the California Lemon Law good for? |
The Buyers Guide
- Every used car offered for sale needs a Buyers Guide displayed on it.
- It states whether the car is sold as-is or with a warranty, and what share of repairs a warranty covers.
- The Buyers Guide overrides the sales contract if they conflict.
- Write any verbal promise on it, or don't make the promise.
Buy-here-pay-here warranty
BHPH dealers, defined in VC §241, must give a written warranty of at least 30 days or 1,000 miles, whichever comes first, covering 14 listed component groups. See What does buy here pay here mean?
Certified used cars
Cars advertised as "certified" must meet California's requirements, including a complete inspection and a copy of the inspection report for the buyer (California Attorney General). Don't use the word unless you meet them.
From experience (Garrett Eddings, professional opinion): As-is is legal, but it isn't a shield against misrepresentation. If you know about a problem, disclose it in writing. A short dealer warranty can also be a real selling point on cars you trust.
Frequently asked questions
Can a used car dealer sell a car as-is in California?
Yes, with a properly completed FTC Buyers Guide marked "As Is – No Dealer Warranty," unless an exception like the buy-here-pay-here warranty applies.
How long is the implied warranty on a used car in California?
When a dealer gives an express warranty, implied warranties last as long as that warranty, but not less than 30 days or more than three months.
Do buy-here-pay-here dealers have to give a warranty?
Yes. At least 30 days or 1,000 miles, whichever comes first, under Civil Code §1795.51.
Related questions
- How long is the California Lemon Law good for?
- Can a dealer take a car back after you signed?
- What does buy here pay here mean?
- Back to the California Dealer License FAQ
Next step: Dealer compliance guide
Resources
- FTC: Buying a used car from a dealer (Opens in new window)
- FTC: Answering dealers' questions about the revised Used Car Rule (Opens in new window)
- California Civil Code §1795.5 (Opens in new window)
- California Attorney General: Buying and maintaining a car (Opens in new window)
Sources: FTC Used Car Rule and consumer guidance · Civil Code §§1795.5 and 1795.51 · Vehicle Code §241 · California Attorney General consumer guide. Verified 2026-10-16.
This article is for educational purposes only and is not legal advice. Warranty law is technical; consult a licensed California attorney for your situation. The instructor note reflects one instructor's professional opinion.
