Start with the records. Repair orders, warranty documents, mileage, and days out of service are more useful than general assumptions about whether a vehicle qualifies.
When your car spends more time in the shop than on the road and the manufacturer keeps delaying repairs or a buyback, it’s frustrating and confusing. California’s lemon law gives consumers real rights when a defective vehicle can’t be fixed, but delays can make it hard to know what to do next. Below, we explain how delays are treated under California’s lemon law and provide practical steps you can take right now, including when to reach out to a California lemon law lawyer like ZapLemon for help.
What California Lemon Law Says About Delays
California’s lemon law (the Song-Beverly Consumer Warranty Act) protects buyers and lessees of new and many used vehicles that come with a manufacturer’s warranty. If the manufacturer or its authorized repair facility can’t fix a substantial defect after a “reasonable number” of attempts, the law requires the manufacturer to repurchase or replace the vehicle. California also includes a helpful presumption: within the first 18 months or 18,000 miles, the vehicle is presumed to be a lemon if the same defect was repaired 4 or more times, a serious safety defect 2 or more times, or the car was out of service for warranty repairs for more than 30 cumulative days. Even if you’re outside that window, you may still have rights based on the overall repair history.
Delays often come up in two places: the repair process and the buyback process. For warranty repairs, California law generally expects manufacturers and their authorized dealers to complete repairs within 30 days, unless the delay is caused by conditions outside their control. Once the vehicle qualifies as a lemon, the manufacturer has a duty to promptly offer a repurchase or replacement and to reimburse certain incidental costs like towing or reasonable rental expenses. “Promptly” isn’t a fixed number of days, but unnecessary back-and-forth, repeated inspections without progress, or long periods without updates can be a red flag.
Manufacturers sometimes cite parts backorders, the need for a “field engineer” inspection, software updates that require multiple visits, or additional testing as reasons for delay. While some delays are legitimate, they don’t erase your repair history. Keep in mind that every day your car is in the shop counts toward total days out of service, and each documented repair attempt helps show the manufacturer has had a fair chance to fix the problem. If delays are piling up without meaningful progress, it may be time to gather your records and consider your options.
Steps to Take When the Manufacturer Stalls
Start by organizing your paperwork. Keep every repair order, invoice, and work description, even if the dealer says “no problem found.” Write down the dates the vehicle was dropped off and picked up, odometer readings, and what the technician attempted each time. Save emails and letters, and keep screenshots of texts or app messages. Track your out-of-pocket costs such as rental cars, rideshares, towing, or storage fees—these can matter later. A simple timeline with dates, issues, and outcomes makes your situation clearer and easier to evaluate.
Next, put your concerns in writing. Send a polite, dated letter or email to the manufacturer (not just the dealer) describing the defect, the repair history, and your request for repurchase or replacement under California’s lemon law. Attach copies—not originals—of key documents and ask for a written response by a reasonable deadline. Use certified mail or another trackable method if you send a physical letter. Keep notes of every call, including the name of the person you spoke with and what they said. If you plan to record any calls, remember California is a two-party consent state—get permission first.
If delays continue, consider escalation. Some manufacturers participate in dispute programs like BBB AUTO LINE; in certain cases, arbitration or mediation can move things forward. Consulting a California lemon law lawyer can also help you understand timelines, evaluate whether your vehicle likely meets lemon criteria, and handle communications so you’re not stuck waiting indefinitely. California’s lemon law allows successful consumers to recover reasonable attorney’s fees from the manufacturer, which is why many firms can review cases without upfront fees. This is general information—your situation is unique, and a tailored strategy starts with a consultation.
Need a case-specific review?
Use the case-review form to share the warranty, repair orders, dates, mileage, and supporting facts an attorney would need to evaluate, or call (844) 927-5366.
Attorney advertising. General information is not legal advice and does not create an attorney-client relationship. No result is promised or guaranteed.