You took your car to the dealer, the defect was confirmed, but now you’re told the part is “on backorder.” Meanwhile, you’re juggling transportation, payments, and safety worries. If this sounds familiar, you’re not alone—and California’s lemon law may offer protection when repairs stall because parts aren’t available. Below, ZapLemon explains how the law looks at repair delays and what steps you can take to protect your rights, all in plain language.
Defect Confirmed, Parts Unavailable: California Options
It’s a common scenario: the dealership diagnoses a warranty-covered defect—say, a failed battery module on an EV, a transmission control unit, an airbag sensor, or a camera for lane-keeping assist—but can’t actually fix it because the part hasn’t arrived. In many cases, the vehicle sits for weeks or months, or you’re sent home to wait until the part arrives. Whether the car is parked at the dealership or you’re driving it with a temporary workaround, parts delays can put you in a tough spot.
While you wait, there are practical steps you can take. Ask the dealer for a written repair order that clearly states the defect and notes that parts are unavailable; update it each time you check in. Request a loaner vehicle or ask how rental or rideshare reimbursement works under your warranty. Keep all documentation: repair orders, texts/emails with the dealer or manufacturer, rental receipts, and a calendar of days your car is unavailable or at the shop. Consider escalating with the manufacturer for a case number and a written parts ETA, and check for recalls or technical service bulletins that might affect timing.
If the delays stretch, you may be approaching lemon law territory. California law looks at both the number of repair attempts and the total days your vehicle is out of service for warranty repairs. Extended parts delays are generally counted as “out of service” days, even if the dealer is waiting on the manufacturer. If you’re facing repeated safety issues or 30 or more cumulative days in the shop without a fix, it may be time to learn how California’s lemon law applies. ZapLemon can evaluate your situation and walk you through your options.
What California Lemon Law Says About Repair Delays
California’s Song-Beverly Consumer Warranty Act—often called the California lemon law—requires manufacturers to repair warranty-covered defects within a reasonable number of attempts and within a reasonable time. A “defect” is typically a problem that substantially impairs the use, value, or safety of the vehicle. Importantly, parts shortages are usually the manufacturer’s responsibility, not the consumer’s; the law doesn’t give the manufacturer unlimited time simply because a component is on backorder.
The law includes helpful benchmarks known as the “presumption” (sometimes called the Tanner presumption). In general terms, a vehicle may be presumed a lemon if, within the first 18 months or 18,000 miles (whichever comes first): (1) the manufacturer has made four or more attempts to repair the same nonconformity, or (2) there have been two or more attempts to repair a defect that could cause death or serious injury, or (3) the vehicle has been out of service for repair of warranty issues for a cumulative total of 30 or more days. Even if you’re outside those numbers, you may still have rights—these are guidelines that help, not strict limits.
If your vehicle qualifies, potential remedies under the law can include a replacement or a repurchase (often called a “buyback”), typically with a mileage offset for use before the first repair attempt. Consumers may also recover certain incidental expenses related to the defect, such as towing or rental, and in some cases the law allows recovery of reasonable attorneys’ fees and, if the manufacturer willfully violated the law, possible civil penalties. Every case is different, and outcomes depend on the facts and documentation. If you’re dealing with a confirmed defect and a long parts wait, speaking with a California lemon law firm like ZapLemon can help you understand the pathway forward.
This article is for general informational purposes only, is not legal advice, and does not create an attorney-client relationship. It is attorney advertising. Laws can change and results vary based on specific facts. If you believe your vehicle may qualify as a lemon—or you’re stuck waiting on parts after a confirmed defect—contact ZapLemon at (310) 489-3017 or visit https://zaplemon.com to request a consultation. Keep your repair records, track out-of-service days, and get informed about your rights under California law.