When you drive off the lot and immediately discover that key safety features aren’t working—like airbags, anti-lock brakes, a backup camera, or automatic emergency braking—it can be stressful and confusing. In California, these “non-functional safety features on delivery” can raise important rights under the state’s lemon law. This article explains how these issues are viewed, what the California Lemon Law generally requires, and practical steps to protect your claim—all in plain language.
Non-Functional Safety Features at Delivery
Finding out at delivery that safety systems don’t work is more common than you might think. Examples include an illuminated airbag or SRS warning light, ABS or traction control disabled, blind-spot monitoring that never activates, a black or flickering backup camera, lane-keep assist that won’t engage, a TPMS that can’t read sensors, or an AEB/forward collision system stuck “offline.” Even if the car drives, a failed safety system can seriously affect value and use—and may qualify as a substantial impairment under California law.
Dealers sometimes downplay these issues, calling them “software glitches” or promising a future update. While updates can help, you don’t have to wait indefinitely or accept repeated unsuccessful fixes. Document the problem from day one: note the date of delivery, take photos or videos of warning messages, and make sure the dealer opens a repair order—even if they say they “just need to order a part” or “it’ll be fixed at first service.” If a “we owe” or due bill is issued, keep a copy.
“On delivery” doesn’t only mean the minute you sign. If you discover a non-functional safety feature the same day or soon after, report it immediately and schedule warranty service. Do a thorough handoff inspection, test the features before leaving the lot, and ask the salesperson to document any malfunction in writing. If the vehicle was delivered to your home, email or text the selling dealer right away and keep screenshots of your notice and their responses.
California Lemon Law: Rights, Steps, and Proof
California’s lemon law (the Song-Beverly Consumer Warranty Act) generally requires the manufacturer to repair a new or warrantied used vehicle so it conforms to its written warranty. If, after a reasonable number of repair attempts, the defect still isn’t fixed—and it substantially impairs the vehicle’s use, value, or safety—you may be entitled to a repurchase or replacement, plus certain incidental damages. Safety-related defects, including non-functional safety features at delivery, often receive heightened attention because they can pose risk even if the car is otherwise drivable.
What counts as a “reasonable number” of repair attempts depends on the facts. California has a helpful “presumption” period for new vehicles (commonly referenced as 18 months or 18,000 miles, whichever comes first) that can be triggered by, for example, two or more repair attempts for a defect that could cause serious injury or death, four or more attempts for other defects, or 30 or more total days out of service. You do not have to meet the presumption to have a valid claim; it’s one way to make your case easier, not the only way. Used vehicles can also qualify if they’re covered by the manufacturer’s warranty at the time of repairs.
To protect your potential claim, build a clean paper trail. Always get a repair order that lists your complaint in your own words (e.g., “AEB not functioning since delivery; dash warning present”), keep copies of invoices, note dates out of service, and save photos, videos, and any dashboard fault messages. Document communications with the dealer and manufacturer, including case numbers and software campaign IDs. Deadlines apply under California law, so don’t wait—consulting an attorney can help you understand timing and whether your facts meet the statute’s requirements.
This article is for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship, and past results do not guarantee future outcomes. Laws and facts vary; you should consult a lawyer for advice about your specific situation.
If you believe your vehicle may qualify as a lemon due to non-functional safety features on delivery, contact ZapLemon to request a consultation at [phone number] or visit [website]. We can review your documents, explain your options, and help you understand the next steps under California Lemon Law.