The prolonged absence of your vehicle can disrupt your schedule, increase your reliance on alternative We all understand too well the delays that occur when taking your vehicle to the dealership for repair. There's nothing quick about it. Yet, there comes a point when the time without your vehicle becomes disruptive and inconvenient. If the car has been at the dealership for months, it's time to take action. Understanding the provisions of the law regarding how long a dealership can keep your car for repairs is crucial for all vehicle owners. With the right information and appropriate steps, you can speed up the repair process or get appropriate compensation if your car is a lemon.
It’s normal for a dealership to hold your car for a few weeks; however, after 30 days, we recommend taking action. If the dealership has had your car for a month or more, you should contact the service advisor, review your repair order, ask for a loaner car, contact the manufacturer and consult with a Lemon Law attorney for more guidance.
Our experienced California Lemon Law attorneys at The Lemon Pros can help you get the compensation you deserve if your car is defective. We’ve helped over 5,000 clients in Los Angeles, San Francisco, Riverside, San Jose, San Diego, Sacramento, Sherman Oaks, and all across California. Schedule a free consultation with us today! We’ll review your case for free and help you get the maximum amount of compensation with a successful Lemon law claim.
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.
Have you been calling the dealership for updates, only to get a different excuse every day - "Sorry, we are short-staffed," or "we are waiting on parts?" You deserve better. If the dealership has had your car for a month or longer and you are wondering what to do about it, it is important to first understand exactly how long can a dealership hold your car for repair before legal action can be taken. Conventionally, the dealership is expected to hold your car for a maximum of 30 days (one month).
In California, the length of time a dealership or any auto repair shop can hold your car for repair is not strictly defined by a specific number of days. However, California’s Automotive Repair Act requires repair shops, including the dealership’s service department, to provide customers with a written estimate of repair costs before any work is done. This includes an estimate of the time it will take to complete the repairs.
If the repair is taking longer than initially estimated, the car dealership or repair shop is supposed to inform you about the delay. In some cases, the service manager may need your consent to continue with the repair beyond the estimated time. Ideally, they should also receive an updated completion date.
You might find yourself in a situation where your car has been in the shop for as long as three months, and you’re wondering what is taking so long. One of the most common reasons for delays is the unavailability of necessary parts. The dealership has to order it from the manufacturer or a third-party supplier if the part needed for your repair is not in stock. The order and delivery may take time, especially if there are supply chain issues and your car needs a rare or back-ordered component.
Sometimes, the issue with the car isn’t straightforward. So, the technicians need additional time to accurately diagnose the problem. Complex electrical or computer-related issues can be particularly time-consuming to figure out. Also, dealerships can get very busy, especially during certain times of the year or when there’s a recall affecting many vehicles. If the service department is backlogged with vehicles needing repairs, this can delay the start or completion of work on your car.
Vehicles under warranty might take over a month to repair because the dealership must follow the manufacturer’s specific repair procedures to ensure the work is covered. The process can include additional steps like detailed diagnostics, documentation, and sometimes waiting for approval from the manufacturer before proceeding. For newer or more sophisticated vehicles, the dealership might need to seek technical support from the manufacturer. This can involve back-and-forth communication to diagnose the problem accurately and identify the correct solution, adding to the repair time.
Before returning your vehicle, the dealership will likely perform quality control checks to ensure that the repair meets their standards and resolves the issue. Thorough checks can add extra time, but are crucial for ensuring the problem is fixed properly.
Sometimes, delays are caused by issues relating to logistics, such as the transport of your vehicle within the dealership or to and from specialized repair facilities. To get the car towed, the dealership may need to wait for another company. These delays are usually minor but can add up, especially if the dealership is dealing with a high volume of repairs.
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 speed up the repair process:
First of all, remain calm. Start by calling your dealership to request an update on the status of your car and consider reaching out to the general service manager of the dealership if your request isn’t being taken seriously. You should ask about the reasons for the delay and request an estimate of the completion time.
Go over the service agreement and review the time estimated for the repairs. Also, read your warranty terms thoroughly. A warranty, unlike car insurance, is a promise from the manufacturer that they’re willing to repair or replace specific parts of your car under certain stipulated conditions and within a particular timeframe.
You can ask if the dealership or repair shop can provide a loaner vehicle while your car is being repaired. Many dealerships offer car rental services for significant repairs or under certain warranty conditions to minimize customer inconvenience.
If your car is under warranty and the dealership’s responses are unsatisfactory, consider contacting the vehicle manufacturer directly. The manufacturer can often intervene, especially if warranty work is involved, to speed up the repair process or offer alternative solutions.
For serious cases where the dealership is unresponsive or if you believe your consumer rights are being violated, you may need to consult with an attorney who specializes in consumer law or automotive cases. If you have a lemon vehicle, consult with our experienced Lemon Law lawyers at The Lemon Pros and let them assess your Lemon Law case for free. Our lawyers can help you get the compensation you deserve by filing a Lemon Law claim. If your claim is successful, you can get a replacement car, Lemon Law buyback, or cash compensation.
If you’re unable to have the car repaired and resolve the issue directly with the dealership or manufacturer, consider reaching out to consumer protection agencies. In California, the Bureau of Automotive Repair (BAR) offers assistance and mediation for disputes between consumers and repair shops. In the U.S., this could include the Better Business Bureau (BBB) or your state’s attorney general’s office, which will enforce the consumer protection laws. You can file a complaint and seek assistance in resolving the dispute.
Keep detailed records of all communications with the dealership and manufacturer, including dates, names of people you spoke with, and the content of those conversations. This documentation can be crucial if you need to escalate your complaint further.
In California, you must file a Lemon Law claim within four years from the day you first noticed the vehicle was defective. This period is known as the Statute of Limitations.
The four years start when you first note the consistent defect, not necessarily when you lease or purchase the vehicle. Usually, it begins with your first repair attempt. Hence, it’s important to report it as soon as you notice a persistent fault with your car, since the start date can vary.
Overall, the Lemon Law process can take anywhere from a few weeks to several months, but it can vary depending on how each stage progresses and the specific laws and procedures in your state. The duration of the Lemon Law process can vary significantly based on several factors, including the nature of the case, the state you’re in (as Lemon laws vary by state in the U.S.), and whether you’re able to settle the case quickly with the manufacturer or if it proceeds to arbitration or court.
In California, the 10-day rule for car dealers refers to a requirement that, when a dealership arranges financing for a vehicle purchase, the financing must be finalized or “secured” within 10 days of the vehicle being taken possession of by the buyer. This rule is crucial because it protects consumers from a practice known as “yo-yo financing” or “spot delivery.”
When you take your new car home before the financing of the purchase price is fully approved by the bank or financial institution, the dealership gives you conditional approval based on the assumption that the financing will go through as discussed. However, if the dealership is unable to secure financing under the initially agreed-upon terms, they may ask you to return the car, renegotiate the financing terms, or sign a new contract.
Eligibility for a Lemon Law settlement depends on several factors related to the car being repaired and your situation. The common eligibility criteria in California include:
Type of Vehicle: California Lemon Law covers new and used vehicles that are sold or leased in California with an active manufacturer’s warranty. This includes cars, trucks, vans, SUVs, chassis cabs, and the drivetrain of a motorhome. It also covers dealer-owned vehicles and demonstrators with a factory warranty.
Warranty Coverage: Whether it’s a brand-new vehicle or a used car, the vehicle must be covered under the manufacturer’s original warranty. The law primarily applies to defects reported to the manufacturer or its authorized service centers within the warranty period. Excluded from warranty repairs would be any aftermarket parts or modifications, along with any consumable products, such as brake pads or windshield wipers.
Substantial Defect: The vehicle must have a substantial defect that impairs its use, value, or safety, and the defect must be covered under the warranty. With new cars, the defect must first occur within 18,000 miles or 18 months, whichever comes first. Used cars are only included in protections while there’s a warranty in place, which can vary depending on where the car was purchased. Furthermore, the defect cannot be caused by abuse by the owner. Thankfully, most car problems fall under this category, anything from a persistent transmission light to multiple trips needed to deal with an engine noise.
Reasonable Number of Repair Attempts: Car manufacturers must be given a reasonable number of attempts to repair the vehicle. The law specifies what constitutes a reasonable number of repair attempts:
It is often recommended to notify the manufacturer directly, in writing, of the need for repair to ensure there is a formal record.
If a dealership has held your car for over a month, and you suspect your vehicle may be a lemon under your state’s Lemon Law, you should consult with a Lemon Law attorney to learn more about your legal options. A Lemon Law attorney can review the details of your situation, like the history of repairs, the amount of time your car has been at the dealership, and your vehicle’s warranty details. They will then let you know if you have a good chance of winning a Lemon Law case.
To make a successful case, proper documentation is needed. Your attorney can help you compile all necessary documentation, like repair orders, communication records with the dealership or manufacturer, and your vehicle’s purchase or lease agreement. Lemon laws vary by state, and an attorney knowledgeable in your state’s specific laws can offer expert advice. They can explain your rights under the law and outline the best course of action, considering the nature and specifics of your case.
Negotiating with vehicle manufacturers and dealerships is also a task that a Lemon Law attorney deals with. They can manage communication on your behalf, aiming to reach a settlement that might include vehicle replacement, refund, or compensation for your losses and inconveniences. If negotiations aren’t successful, your attorney can prepare and file a formal Lemon Law claim or sue the dealership or manufacturer. They’ll handle all legal filings, adhere to deadlines, and ensure your claim is properly presented.
If your case goes to arbitration or court, a Lemon Law attorney will represent you throughout the process, advocating on your behalf. After the trial, an attorney can assess any settlement offers from the manufacturer or dealership, making sure the terms are fair and meet your best interests.
Many Lemon Law attorneys work on a contingency basis, meaning they only get paid if you win your case. Additionally, many state Lemon laws include provisions that the manufacturer must pay attorney fees or other legal fees if the consumer prevails, reducing the financial burden on you.
Before you take any action, you need to understand the terms of your warranty and the provisions of the Lemon Law so you can make an informed decision. In most cases, contacting your dealership or manufacturer can help expedite the repair process. Letting them know that the car has been out of service for an extended period and that you understand your rights may be all that’s needed to have your vehicle repaired.
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.
The first step is to talk to the dealership and see if there's anything that can be done. If not, it's time to get a Lemon Law lawyer involved in the case. Experienced attorneys charge nothing for a free consultation and you may not have to pay anything out of pocket if the manufacturer is held responsible for damages.
Based on Lemon Law California rules, the dealership cannot hold your vehicle for more than 30 days without repair. However, these 30 days count for more than one visit, as long as your car was in for repairs on the same component each time. For this reason, it's critical to document every day that your vehicle has been in the shop.
Having a lemon vehicle is one of the main reasons to sue a dealership and a car manufacturer. You can also sue if there has been any fraud, deception, breach of contract or predatory lending practices.
In some cases, the independent mechanic may be faster than a dealership. However, most warranty repairs must go through an authorized dealer, so you may not have any choice in the matter.
Depending on the evidence you have and the types of problems you face, you may be entitled to a replacement vehicle. Your new truck or car will be the same make and model as your current vehicle, but without the defects. You may also be entitled to a Lemon Law buyback, which gives you money in exchange for your vehicle. You could also get reimbursed for your down payment, sales tax, registration fees and other incidental costs. For smaller issues, you may be offered a Cash and Keep Settlement that allows you to retain possession of the vehicle, but affords you some extra money for the inconvenience.
Phone: (855) 725-2446
Email: [email protected]
We have an excellent success record in representing consumers just like you! We are award winning attorneys, but that has not gotten to our heads. We are attorneys who care and give personalized attention to each and every client, our attorneys directly handle your claim.
© Lemon Pros © 2025. All rights reserved.
Powered by GLP Marketing
