Dealership Has Had My Car For a Month: How a Lemon Law Attorney Can Help
Having your car stuck at the dealership for an extended period can disrupt your schedule and create major inconveniences. While short delays are normal, if the dealership has had your car for a month or more, it’s time to take action. Knowing your rights, contacting the service advisor or manufacturer, and consulting a Lemon Law attorney can help speed up repairs or secure compensation if your car is a lemon.
Our experienced California Lemon Law attorneys at The Lemon Pros help vehicle owners whose cars have been stuck at the dealership for an extended period. We’ve assisted thousands of clients across Los Angeles, San Francisco, San Diego, and throughout California, guiding them through repairs, buybacks, and compensation claims. While past results do not guarantee future outcomes, our team can review your situation and explain your legal options. Schedule a free consultation today to see if you qualify for a Lemon Law claim and get your car repaired or replaced.
In this blog, you’ll learn how long your car should stay at the dealership, what you should do in case of prolonged repairs, and how a Lemon Law lawyer can help you.
What Does It Mean When a Dealership Has Had My Car for a Month?
When a dealership has had your car for a month, it usually means the repair has gone well beyond what is considered a normal service timeframe. While short delays are common, most dealership repairs are expected to be completed within days or a few weeks, not 30 days or more. A month-long hold often signals that something is wrong with the repair process and warrants closer attention from the vehicle owner, as well as exploring a possible solution.
There are several common reasons a dealership may keep a car this long, including complex mechanical or electrical issues, repeated repair attempts, or supply chain issues that delay parts. While staffing shortages or manufacturer approval delays can sometimes be legitimate, California’s Automotive Repair Act requires the dealership to provide written estimates, timely updates, and clear documentation of any delays. Understanding these rights helps you determine whether to push for faster repairs, request a loaner car, or explore legal options if the delay becomes unreasonable.
How California Lemon Law Protects Consumers When a Dealership Has Your Car for an Extended Period
California Lemon Law provides important protections for consumers when a dealership keeps their vehicle for an extended period due to unresolved repair issues. A car may qualify as a lemon if it has undergone multiple repair attempts for the same defect or has been out of service for a significant amount of time, typically 30 or more cumulative days, while under warranty.
These protections are designed to prevent consumers from being stuck indefinitely without their vehicle. They can also help secure a replacement car, a brand-new vehicle, or compensation for other incidental costs, including car insurance.
According to Michael Saeedian, Esq., “When a dealership keeps your car for a month without resolving the problem, it’s more than an inconvenience. It is often a sign that your legal rights may be involved.”
The days your car spends at the dealership count toward a Lemon Law claim regardless of the reason for the delay, such as parts shortages, staffing issues, or manufacturer approval processes. Even if the dealership insists the delay is unavoidable, the law still considers the impact on the consumer. Keeping detailed records of repair orders, dates, and communications is essential, as proper documentation strengthens your claim and helps establish whether your vehicle qualifies for relief under California Lemon Law.
| Option | Pros | Cons | Best For |
|---|---|---|---|
| Continue Waiting on the Dealership | No immediate action required | Ongoing inconvenience, no guarantee of repair, extended downtime | Minor issues with clear repair timelines |
| Escalate to Manufacturer or Dealership Management | May speed up repairs, shows documented effort | Still may face delays or denials | Owners early in the repair process |
| Request a Loaner or Rental Reimbursement | Reduces transportation burden | Not always approved, may be limited | Drivers needing temporary mobility |
| File a Lemon Law Claim | Potential refund or replacement vehicle | Legal process may take time | Vehicles out of service 30+ days under warranty |
| Consult a Lemon Law Attorney | No upfront cost in most cases, expert guidance | Requires documentation and patience | Consumers seeking full legal relief |
What Are the Legal Timeframes and Repair Attempt Requirements?
Under California Lemon Law, a vehicle may qualify as a lemon if the manufacturer or its authorized dealership is given a reasonable number of attempts to repair the same defect and fails to fix it. Generally, this means two or more repair attempts for a serious safety issue or four or more attempts for the same non-safety defect while the manufacturer’s warranty still covers the vehicle.
In addition to repair attempts, time out of service is a key factor in lemon law eligibility. If your vehicle has been in the shop for repair for 30 or more cumulative days for warranty-related issues, whether during one visit or multiple visits, it may meet California’s lemon law standards, regardless of the dealership’s reasons for the delay.
What Are the Steps to Take If a Dealership Has Had Your Car for a Month?
According to data from the California Department of Consumer Affairs, manufacturers and their authorized dealers are expected to repair defective vehicles within a reasonable time. It can be frustrating to have your car at the dealership for more than a month. It can even feel worse if you’re not getting any clear explanation about what’s causing the delay. In this kind of situation, follow these steps to address the delay and possibly accelerate the repair process:
- Contact the Service Advisor: We recommend you call the dealership to request an update on your car and ask for a revised completion estimate. If the dealership does not address your concerns, consider escalating them to the general service manager.
- Review Your Repair Order: Go over your service agreement and verify the estimated repair time. Make sure you understand your warranty terms and what they cover.
- Request a Loaner Vehicle: Ask if the dealership can provide a loaner or rental car while your vehicle is being repaired. Many dealerships offer this for major repairs or under warranty conditions.
- Contact the Manufacturer: If the dealership isn’t responsive, reach out to the manufacturer directly. They can often intervene to speed up repairs or offer alternative solutions.
- Consult a Lemon Law Attorney: If delays continue or your consumer rights are at risk, make sure to speak with a Lemon Law attorney. They can help you pursue a replacement, buyback, or compensation if your car qualifies as a lemon. filing a Lemon Law claim.
- Seek Help from Consumer Protection Agencies: Contact agencies like California’s Bureau of Automotive Repair (BAR), the Better Business Bureau (BBB), or your state’s attorney general for assistance. They can mediate disputes and enforce consumer protection laws when the dealership or manufacturer fails to act.
- Document Everything: Keep detailed records of all communications, including dates, names, and the content of conversations. Proper documentation is crucial if you need to escalate your claim or pursue legal action.
How to Document Your Repair History Effectively?
To document your repair history effectively, keep copies of all repair orders, invoices showing what you paid, inspection reports, and any written communication with the dealership or manufacturer. Include dates, names of staff you spoke with, details of each repair attempt, and notes if your car was towed or if any down payment was involved to create a complete record of your vehicle’s issues.
In our experience, it is important to remain calm and organize these records in a dedicated folder or digital file, sorted by date or repair type, so they are easy to access when needed. Proper documentation is critical in Lemon Law cases, as it provides clear evidence of repeated defects and delays that strengthen your claim for a replacement, buyback, or compensation.
How Can a Lemon Law Attorney Assist When Your Car Is Held Too Long?
When a dealership keeps your car at the repair shop for an extended period, and you suspect it may qualify as a lemon, a Lemon Law attorney can help you understand your legal options and determine whether you have a strong case. An attorney will review key details such as your repair history, time out of service, warranty coverage, any structural damage, and other car problems to assess if your situation meets Lemon Law requirements. This guidance can be critical in deciding the best next steps.
Lemon Law attorneys gather evidence and handle communications with the dealership and manufacturer, organizing repair orders, service records, and written correspondence to ensure nothing is overlooked. They can negotiate on your behalf or help you sue the dealership to pursue outcomes such as a replacement, buyback, or financial settlement.
Hiring a Lemon Law attorney often involves little to no upfront cost, as many work on a contingency basis. California Lemon Law frequently requires manufacturers to cover legal fees and other reasonable expenses if your claim is successful, reducing your financial risk while protecting your rights.
How Long Do You Have to File For a California Lemon Law Claim
In California, you must file a Lemon Law claim within four years from the day you first noticed your new car or any other cars you purchased were defective. This period is known as the Statute of Limitations.
The four years start when you first identify the consistent defect, not necessarily when you purchased or leased the vehicle, and it usually begins with your first repair attempt. Reporting a persistent fault as soon as it occurs is important, since the start date can affect your ability to make a Lemon Law claim.
Are You Eligible for a Lemon Law Settlement?
Eligibility for a Lemon Law California settlement depends on factors related to the vehicle you purchased and its car problems. The law covers new and used cars, trucks, and SUVs sold or leased in California with an active manufacturer’s warranty, including dealer-owned or demonstrator vehicles. To qualify, the car must have a substantial defect that affects its use, value, or safety, and the issue must occur during the warranty period without resulting from owner abuse.
You must also provide the manufacturer with a reasonable number of repair attempts, which may involve multiple trips to get the car repaired. Generally, this means at least two attempts for a safety-related defect, four attempts for the same non-safety issue, or if the vehicle has been out of service for more than 30 cumulative days. Notifying the manufacturer in writing and keeping detailed records of each repair attempt strengthens your California Lemon Law claim.
Common Misconceptions About Dealership Repair Times and Lemon Law Claims
A common misconception is that waiting for a car to be fixed for one month automatically disqualifies it from a Lemon Law claim. In reality, California Lemon Law focuses on repeated repair attempts for the Eligibility for a Lemon Law California settlement depends on factors related to the vehicle you purchased and its car problems. The law covers new and used cars, trucks, and SUVs sold or leased in California with an active manufacturer’s warranty, including dealer-owned or demonstrator vehicles. To qualify, the car must have a substantial defect that affects its use, value, or safety, and the issue must occur during the warranty period without resulting from owner abuse.
You must also provide the manufacturer with a reasonable number of repair attempts, which may involve multiple trips to get the car repaired. Generally, this means at least two attempts for a safety-related defect, four attempts for the same non-safety issue, or if the vehicle has been out of service for more than 30 cumulative days. Notifying the manufacturer in writing and keeping detailed records of each repair attempt strengthens your California Lemon Law claim.
same defect or extended time out of service, not simply the length of a single visit, and even routine issues like an oil change can count if the problem persists and isn’t properly fixed.
Another misunderstanding is that you must use the dealership’s repair services exclusively to qualify for Lemon Law protection. Even if a car is recalled, claims are based on the defect and the manufacturer's responsibility, not the repair location. Keeping thorough records helps ensure you can recover your money or seek a replacement if your car continues to experience repeated problems.
Need Legal Help if the Car Dealership Has Had Your Vehicle for 30 Days?
If your car has been at the dealership for a month, understand your warranty and California Lemon Law protections to make informed decisions. Keep records of repair attempts, orders, and dates, and contact the dealership or manufacturer to explain the extended delay and assert your rights.
If your vehicle remains unrepaired or the delays continue, it is wise to consult a Lemon Law attorney. An attorney can review your repair history, advise whether your car qualifies as a lemon, and handle negotiations with the dealership or manufacturer on your behalf.
If you cannot resolve the issue with the dealership or your car is a lemon, do not hesitate to consult our Lemon Law attorneys at The Lemon Pros to help you get appropriate compensation under California Lemon Law. Book a free consultation with us today for a free case review.
Frequently Asked Questions
This FAQ section addresses the most common questions vehicle owners have about prolonged dealership repair delays and how Lemon Law protections apply. Whether your car has been in the shop for weeks or months, these answers will help you understand your rights and next steps.
How Long Can a Dealership Keep My Car Before It Becomes a Lemon Law Issue?
Under California Lemon Law, a car may be considered a lemon if it’s been in repair for 30 or more cumulative days for the same issue, even across multiple visits. Keeping detailed records of each repair visit and the days your car is at the dealership is essential.
What Documentation Do I Need to Prove My Car Is a Lemon?
To prove your car is a lemon, keep records of all repair attempts, including invoices that show any money you paid and the dates when major components, like the engine, were in the shop. Save all communication with the dealership or manufacturer, plus your purchase or lease agreement and warranty information.
Can I Get a Rental Car While My Vehicle Is in Repair for Over a Month?
Yes, if your car is in the shop for a long time, you may get a rental or loaner, depending on your warranty or dealership. It’s important to ask the dealership and document any arrangements in writing to protect your rights.
What Are My Rights if the Dealership Delays Repairs?
If a dealership delays repairs and your vehicle meets Lemon Law requirements, you may have the right to pursue a claim against both the dealership and the manufacturer. You may also have legal options if the delay involves fraud, deception, breach of contract, or predatory lending practices.
How Do I File a Lemon Law Claim in California?
To file a Lemon Law claim in California, start by gathering all repair records, warranty information, and correspondence with the dealership or manufacturer. Then, consult a Lemon Law attorney or submit a claim through the manufacturer’s arbitration program to pursue a replacement, refund, lemon law buyback, or other settlement.
What Is the the 10-Day Rule for Car Dealers in California?
In California, the 10-day rule requires dealerships to finalize financing for a new car or new truck’s purchase price within 10 days of the buyer taking possession. If the bank or financial institution cannot secure the agreed-upon financing, the dealership may ask you to return the vehicle, renegotiate terms, or sign a new contract.
What Do I Do if the Dealership Has Had My Car for a Month?
If your car has been at the dealership for a month, start by speaking with the service department to understand the delay. If the issue remains unresolved, contact a Lemon Law attorney.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Laws vary by situation, and you should consult a qualified Lemon Law attorney to discuss the details of your case.
