Dealer Denying Repairs? Your Guide to California Lemon Law Buybacks Now
If your California dealer is refusing or delaying warranty repairs, you may have rights under the Song-Beverly Consumer Warranty Act. If a covered defect substantially impairs use, value, or safety and the manufacturer (or its representative) can’t fix it after a reasonable number of attempts, you can seek a repurchase or replacement. Keep thorough records and consider escalating to the manufacturer and counsel. Contact us if you need help.
When a dealer’s repair denial becomes a lemon law issue
California law requires the manufacturer to ensure your vehicle conforms to its express warranty. Authorized dealers act as the manufacturer’s representatives for warranty service. If, after a reasonable number of opportunities, the manufacturer or its representative is unable to repair a nonconformity covered by warranty that substantially impairs the vehicle’s use, value, or safety, the manufacturer must promptly replace the vehicle or make restitution (repurchase). See Cal. Civ. Code § 1793.2(d)(2).
Song-Beverly applies to new motor vehicles, and used vehicles may also be covered if the defect is still within the manufacturer’s express warranty (for example, a remaining new-vehicle warranty or a certified pre-owned warranty). The specific presumption discussed below applies to new motor vehicles. See Cal. Civ. Code § 1793.22.
What counts as a “reasonable number” of repair attempts?
“Reasonable” depends on the facts: the severity and safety risk of the defect, how many times you presented the vehicle for repair, and the time out of service. California also provides a rebuttable presumption for new motor vehicles if certain requirements are met within the first 18 months or 18,000 miles (whichever comes first). Common presumption triggers include:
- Two or more repair attempts for a nonconformity that is likely to cause death or serious bodily injury if the vehicle is driven, and (if required by the warranty materials) you’ve directly notified the manufacturer of the need for repair.
- Four or more repair attempts for the same non-safety nonconformity.
- More than 30 cumulative days the vehicle is out of service by reason of repair during the period, excluding delays caused by conditions beyond the manufacturer’s control.
These rules are set out in the Tanner Consumer Protection Act (Cal. Civ. Code § 1793.22). The presumption is rebuttable and fact-specific. Even if the presumption doesn’t apply, you can still prove a claim under § 1793.2(d)(2).
Repair denials, delays, and parts shortages
Documented presentations for warranty repair can support your claim, even if the dealer notes “no problem found” or parts are back-ordered. Keep all records showing you presented the vehicle for correction and any time the vehicle was out of service by reason of repair. If a dealer refuses to inspect, diagnose, or open a repair order, follow up in writing and note dates, times, and who you spoke with. Whether a particular visit or delay counts toward legal thresholds depends on the facts and the statute.
Practical tips to avoid roadblocks
- When dropping off the vehicle, describe symptoms in plain, repeatable terms and request those words be printed on the repair order.
- Ask for fault codes and test results; request copies of diagnostics and any technical service bulletins applied.
- If told a condition is “normal,” ask for the specification, the test performed, and the measured result, then save it.
- If parts are back-ordered, request a written status update with an ETA and whether the vehicle is safe to drive.
Your documentation checklist
- Purchase/lease contract and warranty booklet
- All repair orders, invoices, and diagnostic notes—even with “could not duplicate” or “within spec” entries
- Dates and mileage when the vehicle was out of service
- Photos, videos, or dash data of the symptoms and warning indicators
- Emails, texts, and call logs with the dealer and manufacturer (include any case number)
- Recalls or technical service bulletins provided to you
If a dealer refuses to open a repair order, politely request one in writing and note the date, time, and service advisor’s name.
Requesting a repurchase or replacement
If the defect remains after a reasonable number of repair opportunities, you can request a repurchase (restitution) or replacement from the manufacturer. Restitution generally includes the price paid (including certain collateral charges like sales tax and registration), less a statutory mileage offset for use prior to the first repair attempt for the relevant defect, plus allowable incidental damages. See Cal. Civ. Code § 1793.2(d)(2) and § 1794. A replacement must be a substantially identical vehicle with comparable options; you should not be charged beyond any lawful usage offset.
Arbitration and consumer assistance programs
Some manufacturers maintain state-certified dispute resolution programs. Using a qualified program can affect the statutory presumption analysis for new motor vehicles, but participation is generally optional; check your warranty materials and consider speaking with counsel first. See Cal. Civ. Code § 1793.22(c). If you arbitrate, submit complete documentation and detail each presentation for repair, any denials, and each day out of service.
Safety-related defects
Defects affecting safe operation—such as braking, steering, or airbag issues—often satisfy “substantial impairment” and may require fewer repair attempts under the presumption. If a dealer declines prompt inspection for a safety concern, document the refusal, contact the manufacturer’s customer assistance line, and consider reporting to NHTSA: Report a Safety Problem.
If the dealer says the problem is “normal” or “within spec”
Ask the service department for the specific specification, the test performed, and the measured result. Document objective symptoms (warning lights, fault codes, measurements) and how the condition impairs use, value, or safety. A condition characterized as “normal” may still be a nonconformity if it substantially impairs the vehicle and is covered by warranty.
How an attorney can help
A California lemon law attorney can evaluate your repair history, present a repurchase or replacement demand, and pursue civil penalties if the manufacturer willfully fails to comply. Prevailing buyers may recover reasonable attorney’s fees. See Cal. Civ. Code § 1794(c)–(d).
Next steps if your dealer is denying repairs
- Schedule and attend a service appointment; request a written repair order even if no work is performed.
- Escalate to the manufacturer’s customer care line and obtain a case number (retain notes and confirmations).
- Keep the vehicle available for inspection unless unsafe to drive; document any towing.
- Preserve all communications and diagnostic results; track days out of service and mileage.
- Consult counsel to evaluate repurchase or replacement and potential civil penalties.
Need help with a potential buyback? Contact us for a California lemon law consultation.
FAQ
Does the lemon law apply if the dealer never finds a problem?
Yes. Documented presentations for repair count, even with “no problem found” notes. Keep copies of all repair orders and evidence of symptoms.
Are used cars covered?
They can be, if the defect is covered by the manufacturer’s express warranty at the time of repair attempts, such as remaining new-vehicle or certified pre-owned coverage.
How is the mileage offset calculated?
California uses a statutory formula based on miles driven before the first repair attempt for the specific defect relative to 120,000 miles. It reduces the restitution amount proportionally.
Do I have to arbitrate first?
Generally no. Some makers offer certified programs that may affect presumptions for new vehicles, but participation is typically optional.
Sources
- Cal. Civ. Code § 1793.2 (manufacturer obligations; replacement or restitution after reasonable attempts)
- Cal. Civ. Code § 1793.22 (Tanner Act presumption for new motor vehicles)
- Cal. Civ. Code § 1794 (buyer’s remedies: restitution, replacement, incidental damages, civil penalties, attorney’s fees)
Disclaimer: This post is for general information about California law only and is not legal advice. Reading it does not create an attorney-client relationship. Laws change and outcomes depend on specific facts. Consult a qualified California attorney about your situation.
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