Guide
The facts were ordinary: a family bought a used truck with miles left on the manufacturer's new-car warranty. The truck kept breaking. They demanded the new-car remedy — refund or replacement under Civil Code §1793.2(d)(2). In Rodriguez v. FCA US LLC (2024) 17 Cal.5th 189, the California Supreme Court said no: that remedy belongs to buyers whose sale came with a new-car warranty issued at that sale. A warranty that simply has time left over from the first owner is not 'issued with the sale.'
What this means in practice: a used car — including a certified pre-owned car — bought on the prior owner's leftover warranty does not get the refund/replacement remedy, unless the warranty was in fact issued with that sale. Dealer demonstrators and dealer-owned vehicles sold as new are inside the line; private-party purchases are outside it.
What survives: other Song-Beverly claims, federal Magnuson-Moss claims, and claims on any warranty the dealer itself issued. The checker asks the Rodriguez question directly — 'was a new-car warranty issued with your sale?' — and never scores a California used car until you answer it.
The repair-log tracker, your state's notice letter, the buyback worksheet, and your deadline calendar.
Information, not legal advice. Checked October 23, 2026.