Stop the Dealer Runaround: Enforcing Your California Vehicle Warranty Rights
TL;DR: California’s Song-Beverly Consumer Warranty Act requires manufacturers to repair warrantied defects and, after a reasonable number of attempts, to offer repurchase or replacement. Keep meticulous records, insist on written repair orders, escalate to the manufacturer when repairs stall, and consider counsel if problems persist. See California Civil Code § 1793.2, § 1793.22, and § 1794.
This page focuses on California warranty and lemon law rights under the Song-Beverly Consumer Warranty Act. Coverage differs for certain vehicles (for example, motorcycles and the living-quarters portion of motorhomes).
Your Core Warranty Rights in California
Under California’s Song-Beverly Consumer Warranty Act, manufacturers must service or repair warrantied nonconformities so the vehicle conforms to the express warranty, and generally complete repairs within 30 days unless delay is caused by conditions beyond their control. See Civ. Code § 1793.2(b).
If a warrantied defect is not repaired after a reasonable number of attempts, consumers may be entitled to a repurchase (buyback) or replacement. See Civ. Code § 1793.2(d). Attorney’s fees may be recoverable by a prevailing buyer, and in cases of willful violations, civil penalties up to two times actual damages may be available. See Civ. Code § 1794(c)-(d).
These protections apply broadly to new vehicles and, in many situations, to used vehicles that still carry a manufacturer’s warranty or that were sold with a seller’s express warranty (scope and remedies can vary). See CA Attorney General overview and DCA guide: AG Lemon Law Info; DCA Consumer Guide.
Common Dealer Runaround Tactics
- Repeated “no trouble found” despite ongoing symptoms
- Perpetual parts delays
- Short test drives that fail to replicate issues
- Sending you to the manufacturer without a proper inspection
- Refusing to document your complaint on the repair order
- Blaming aftermarket accessories without diagnosis
California law does not permit ignoring warrantied defects; you are entitled to a meaningful attempt to diagnose and repair within the warranty. See Civ. Code § 1793.2(b).
Immediate Steps to Protect Your Claim
- Open a repair order for every visit. Ensure your symptoms are written in your words and get a copy before leaving.
- Capture evidence: photo or video warning lights, messages, noises, and conditions when the issue occurs.
- Track a timeline: in and out dates, mileage, days out of service, parts delays, and communications.
- Get documentation: do not accept the vehicle back without a written description of work performed and findings.
- If refused service: ask for the refusal in writing and call the manufacturer’s customer care from the dealership.
Pro Tips to Strengthen Your Claim
- Describe symptoms, not diagnoses. For example, say “vehicle stalls at red lights” rather than “bad fuel pump.”
- Drop off with a full tank if an extended test drive is needed; it removes excuses.
- Ask the advisor to attach your video to the repair file and note it on the repair order.
- Request a road test with a technician so they experience the condition.
- If parts are backordered, ask for written confirmation and an estimated arrival date.
Escalation Path When Repairs Stall
- Contact the manufacturer for a case number; request assignment to a different authorized facility if needed.
- Consider the manufacturer’s state-certified dispute resolution or arbitration program if available. California does not require arbitration to file suit, but the lemon-law presumption is tied to certified programs. See Civ. Code § 1793.22.
- If the vehicle remains unrepaired after reasonable attempts or excessive time out of service, consult counsel to evaluate repurchase, replacement, incidental damages, potential civil penalties, and fee recovery. See § 1793.2(d); § 1794.
- Preserve all records: purchase or lease agreement, warranty booklet, repair orders, call logs, and tow or loaner receipts.
New vs. Used Vehicles
Song-Beverly protections apply to new consumer goods (including vehicles) and, in many cases, used vehicles with remaining manufacturer coverage or a seller’s express warranty. The specific remedies can vary based on how the vehicle was sold and the warranties provided. See AG and DCA resources: AG Lemon Law Info; DCA Consumer Guide.
What Counts as a “Reasonable” Number of Repair Attempts
California looks at all the circumstances: the nature of the defect, safety implications, the number of repair presentations, and days out of service. There is also a statutory presumption for certain new motor vehicles: within the first 18 months or 18,000 miles (whichever comes first), the presumption may apply if either (1) the defect is likely to cause death or serious bodily injury and the manufacturer has made two or more repair attempts, (2) four or more attempts for a nontrivial defect, or (3) the vehicle is out of service for repair for a total of 30 or more days. See Civ. Code § 1793.22(b). You can still pursue relief without the presumption.
Why Documentation Wins California Lemon Cases
Repair orders are the backbone of a warranty claim. They document your complaint, dates, mileage, and work performed. Verbal complaints without a repair order make it easier for a manufacturer to argue there were not enough opportunities to fix the problem. Treat every visit as potential evidence: ensure accuracy, ask for copies, and keep them organized.
Quick Checklist Before Your Next Service Visit
- Write down symptoms, frequency, and conditions (speed, weather, fuel level).
- Bring printed photos or a short video showing the issue.
- Ask to add your exact words to the repair order and verify the mileage and dates.
- Request a copy of the repair order at drop-off and at pickup.
- Note any days waiting for parts, loaner availability, and all calls.
Possible Remedies
Depending on the facts and applicable warranties, remedies can include:
- Repurchase (buyback) or replacement after a reasonable number of failed repair attempts (Civ. Code § 1793.2(d)).
- Incidental and consequential damages and recovery of reasonable attorney’s fees and costs (Civ. Code § 1794(a), (d)).
- Civil penalties for willful violations, up to two times actual damages (Civ. Code § 1794(c)).
FAQ
Do I have to arbitrate before suing in California?
No. Arbitration is not required to file suit, but using a state-certified program can affect the lemon-law presumption. See Civ. Code § 1793.22.
Does the lemon law cover used cars?
Often yes, if there is remaining manufacturer coverage or a seller’s express warranty. Scope and remedies can vary. See the AG and DCA resources: AG Lemon Law Info and DCA Consumer Guide.
How many repair attempts are considered reasonable?
It depends on the defect and circumstances. The statutory presumption for certain new vehicles looks at 2 attempts for serious safety defects, 4 for other defects, or 30 total days out of service within 18 months or 18,000 miles. See Civ. Code § 1793.22(b).
Can I recover attorney’s fees?
Prevailing buyers may recover reasonable attorney’s fees and costs. See Civ. Code § 1794(d).
How Our Firm Can Help
We evaluate your repair history, communicate with the manufacturer, and pursue the strongest remedy: repurchase, replacement, or a negotiated resolution. We also advise on day-to-day steps to preserve your claim while keeping you mobile. Contact us for a consultation.
Legal References
- California Civil Code § 1793.2 (manufacturer obligations; 30-day repair; repurchase or replacement)
- California Civil Code § 1793.22 (Tanner Act lemon-law presumption)
- California Civil Code § 1794 (damages, fees, civil penalties)
- California Attorney General – Lemon Law Information
- California DCA – Consumer Guide to the California Lemon Law (PDF)
Disclaimer (California): This blog provides general information about California law, not legal advice. Laws and outcomes depend on specific facts. Reading this post does not create an attorney-client relationship. For advice about your situation, consult a California attorney.