When car problems keep coming back, it’s natural to wonder whether California’s lemon law can help. But even when defects look clear, manufacturers often push back with familiar defenses aimed at minimizing or denying your claim. Understanding these common arguments can help you prepare, gather the right documents, and have a more productive conversation with a professional. The following overview is for general information only and isn’t legal advice.
Why Automakers Say Your Car Isn’t a Lemon in California
Automakers often argue that the problem isn’t “substantial” under California’s lemon law (part of the Song-Beverly Consumer Warranty Act). They may claim the issue doesn’t significantly affect the vehicle’s use, value, or safety—especially for intermittent defects. For example, repeated infotainment freezes or a sporadic check-engine light might be dismissed as “annoyances,” even if they leave you stranded or degrade resale value.
Another common defense is that the manufacturer wasn’t given a “reasonable number” of repair attempts. The company may say you brought the car in only once or that you declined follow-up appointments. They may also argue the dealership “could not verify the concern,” which is often written on repair orders when a symptom doesn’t occur during a short test drive. Keeping detailed records can help counter this, including dates, mileage, videos of the issue, and notes about when, how often, and under what conditions it happens.
Timing and warranty coverage are frequent points of dispute. Manufacturers may assert the defect surfaced outside the warranty period or that the lemon law presumption doesn’t apply because a certain number of months or miles have passed. They might also point to a successful repair late in the process and argue the defect was fixed within a reasonable time, even if you endured significant downtime. Review your warranty booklet and repair timeline to understand what the company might focus on.
Common Tactics: Misuse, Modifications, and Neglect Claims
Misuse is a standard defense. The manufacturer may claim the defect was caused by off-road driving, overloading, aggressive driving, or using the vehicle outside its intended purpose—like heavy towing with a car not rated for it. For example, a transmission shudder might be blamed on frequent high-speed launches rather than a software or mechanical fault. If your use has been normal and consistent with the owner’s manual, note that clearly in your own records.
Modifications and aftermarket parts are another frequent target. Automakers sometimes argue that non-OEM wheels, performance tuners, lift kits, or audio systems caused electrical or mechanical issues, voiding coverage. Even small changes—like hardwiring a dash cam—can get blamed for a battery drain or infotainment glitch. While certain modifications don’t automatically void warranties, they can complicate claims if the company alleges a causal connection between the mod and the defect. Keep receipts and installation notes, and share them with a professional if questions arise.
Maintenance neglect is a third common defense. The company may say you skipped oil changes, used the wrong fluids, or ignored dashboard warnings. They might point to missing service stamps or long intervals between visits as evidence that the problem stems from poor upkeep. To protect yourself, follow the maintenance schedule in your owner’s manual, use authorized service when possible, and save all repair orders—especially for issues like engine failures, brake problems, or overheating where maintenance history is often scrutinized.
If you’re dealing with repeat defects—like brake pulsation, stalling, transmission hesitation, or recurring software faults—manufacturers may raise one or more of the defenses above. You can help your position by keeping every repair order, documenting days out of service, noting mileage at each visit, and confirming that warranty repairs are performed by an authorized dealer. Learning the basics of California’s lemon law can also make conversations with the dealership and manufacturer more productive.
This article is for general informational purposes only, not legal advice, and reading it does not create an attorney-client relationship. Every situation is different, and laws can change. If you believe your vehicle may qualify as a lemon, contact ZapLemon at (310) 489-3017 or visit https://zaplemon.com to request a consultation and discuss your options. Attorney Advertising.