Few things are as frustrating as taking your car to the dealership for repairs, only to find that, after multiple attempts, they still can’t fix the issue. This situation leaves many car owners feeling stuck, out of options and questioning what their rights are as consumers. Thankfully, drivers have options when the car dealer can’t fix a vehicle, as California’s Lemon law protects consumers from these situations. If your car is still under the factory warranty and the dealership can’t repair it, it may be time to file a Lemon law case. You should never be stuck driving a vehicle with a significant defect.
The Lemon Pros have the experience needed to get you compensation for your unrepairable car. Our practice area is focused solely on Californian Lemon law and we’ve secured millions in compensation for clients. Call today for your free case evaluation.
In this guide, we will give you actionable steps for when your new car goes in for a warranty repair and doesn’t get fixed. We will explain when it’s time to get a qualified attorney on your team and why you need a professional for maximum consumer protection.
Under California Lemon law, the manufacturer is legally required to fix a new vehicle if the defective part is still covered by the factory warranty. Lemon laws do specify that the manufacturer has the right to make several attempts at the repair until there’s a satisfactory resolution. If the vehicle isn’t repaired and the same problem persists, the driver may be entitled to take legal action.
Most manufacturer warranties last a minimum of 36 months or 36,000 miles for the bumper-to-bumper coverage and 5 years or 60,000 miles on the powertrain warranty. Depending on the vehicle, there may be other warranties involved, such as corrosion/rust or a hybrid battery warranty. All of this information should have been provided to you when you purchased the car. Otherwise, you can go to the manufacturer's website, enter your car's VIN and get access to the warranty terms.
The dealership doesn’t have the right to hold your car indefinitely for repairs. Some repairs can take several weeks to complete, either because of the dealership’s schedule or because there’s a shortage of the new part that’s needed. While it’s important to figure some delays into the process, you don’t need to be taken advantage of either.
The dealership doesn’t have the right to hold your car for more than thirty days for a warranty repair. This timeframe could be different if you are using an independent mechanic or other repair shop for non-warranty work.
There will be people asking – what’s the next step if the dealership has had my car for a month? If the car is covered under warranty and there have been a reasonable number of repair attempts, it may be time to file a Lemon law claim.
For Lemon laws to apply, you need to keep detailed records of everything that has occurred. Gather your original purchase agreement or lease paperwork, the manufacturer’s warranty and any communication records you’ve had with the dealership or manufacturer. You want to have all repair orders and the name of the person you’ve spoken with.
To get a full refund or replacement vehicle, it’s essential to have this paperwork in order. Not only will it expedite the process of proving your claim, but it also helps you recover as much money as possible.
In some cases, it makes sense to have an independent repair shop give a second opinion. If you haven’t been able to get the dealerships to acknowledge the problem, a second opinion is vital. A lawyer can help you determine when an independent inspection from the top mechanics is required.
Before a claim can be filed, you must contact the manufacturer. A demand letter must be sent outlining the problems and asking for a speedy resolution. You can outline your request for money from the manufacturer or a replacement vehicle of equal value.
Through this entire process, you want legal counsel working with you so there are no mistakes made. Otherwise, you could forfeit your rights to compensation simply by missing something minor. The Lemon Pros have a proven track record of helping clients with claims. We assist in gathering evidence, negotiating with the dealer and filing lawsuits, so reach out today for a free consultation.
Because a demand letter will need to be sent to the manufacturer, you should also consider a lawyer for this aspect. By using a lawyer to craft and send the letter, the manufacturer is more likely to pay attention and respond favorably, reducing your overall claim time.
When new cars don’t perform as expected, consumers have rights. There’s no reason to be stuck with a defective vehicle. Under California Lemon law, the manufacturer needs to provide a Lemon law buyback or replacement vehicle if the car can’t be repaired. California's laws are much more comprehensive than those of some other states, with protections available even for some used cars.
There’s also the warranty to consider. According to the Magnuson Moss Federal Warranty Act, the manufacturer has a responsibility to repair issues that are covered by the warranty. If they don’t, you can take legal action against the company.
For disputes involving vehicle defects, California consumers can also utilize the Arbitration Certification Program administered by the Department of Consumer Affairs. This comprehensive program certifies and monitors third-party arbitration programs to ensure compliance with state laws and regulations related to new vehicle warranties and manufacturer-sponsored arbitration programs.
Before filing a claim, you first need to know what cars qualify for Lemon law. While most of the regulations involve new cars that are still covered by the manufacturer's warranty, there are also stipulations for some used vehicles. With a new car, a substantial defect involving the value, use or safety must surface within 18,000 miles or 18 months, whichever comes first.
These defects can include major complaints with the engines or minor issues with air conditioning. While one would expect coverage for a severe transmission defect, few people think about what happens when there's excessive corrosion or the paint doesn't protect the car. If these defects show up early on in ownership, the car is going to dramatically lose value as the appearance continues to fail. Therefore, there’s really no limit to what’s included as long as it impairs everyday use, safety or value, allowing for a lot of consumer protection.
On top of that, dealers have a minimum of two repair attempts when dealing with serious safety concerns. With all others, you can file a claim once there have been four or more attempts, or the dealer has held your car for more than thirty days in total. Ideally, you want to be preparing for a Lemon law case as soon as these limits get closer and consider working with a lawyer at the onset.
If you are unable to get your car or truck fixed under warranty, you have a couple of options available to you.
With both of the above options, you can seek a Lemon law buyback or a new car from the manufacturer. However, you won’t get everything resolved within one or two weeks, so there could be some waiting involved. On average, the Lemon law process can take several months to a year, depending on the complexity.
Finally, it’s important to file a complaint with the Better Business Bureau (BBB) regarding the manufacturer and/or dealership you’ve dealt with. You owe it to other consumers to warn them so they don’t end up with the same problem as you.
If you’ve been dealing with a defective engine that the manufacturer isn’t replacing or an unending situation with no resolution in sight, you want to know if you can return your vehicle to the dealership. While you can’t simply drop off the vehicle and key and expect the dealership to take the car back, there are ways to return it, but these options take time. It isn’t going to happen overnight.
Instead, you have to gather your documentation and records to file a claim. If you want a refund or replacement, you need to explain your case and contact a Lemon law attorney for support. In the meantime, you must continue to pay your financing or lease payments until the case reaches a conclusion.
If you haven’t received the service needed from your dealership or manufacturer, it may be time to file a claim. It’s essential that you know your rights and are proactive about starting the process at the earliest date possible to avoid further headaches.
As an owner or lessee of a vehicle, you want to have a qualified lawyer on your side, such as The Lemon Pros. As the best Lemon law attorney in California, we work on a contingency basis, so we only get paid if you win your case, so it won’t cost you anything upfront to employ our services. We have fought the top manufacturers of various models and have won millions for our clients. Contact us and let our team solve your dispute with the manufacturer.
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
