Dealer vs. Manufacturer: Who to Contact First Under Lemon Law

If your car keeps going back to the shop for the same issue, it’s natural to wonder whether you should push the dealer harder or take your complaint straight to the manufacturer. Under California’s Lemon Law (the Song-Beverly Consumer Warranty Act), both players have roles, and who you contact first can affect how smoothly your claim develops. This guide from ZapLemon explains the practical order of operations so you can protect your rights without guessing your way through the process.

Dealer vs. Manufacturer: Who to Contact First

In most California Lemon Law situations, your first stop is the selling or authorized dealership’s service department. The dealer is the manufacturer’s authorized agent for warranty repairs, which means the dealer’s technicians are the ones who evaluate, diagnose, and attempt to fix your vehicle under the warranty the manufacturer provides. Giving the dealer opportunities to repair is important because Lemon Law claims usually depend on a “reasonable number of repair attempts” or days the vehicle is out of service. Each documented visit helps create a record of what’s been tried and whether the defect persists. Start here, and ask for your repair orders every time.

When should you loop in the manufacturer? As soon as problems repeat after multiple visits, if the car is stuck in the shop for lengthy stretches, or if the defect involves safety (for example, brake failure warnings, steering loss, airbag faults, or a fuel system issue). Your warranty booklet typically lists the manufacturer’s customer care line or a place to open a case number—use it. Notifying the manufacturer in writing (email or certified mail helps) is a smart step because the company that issued the warranty is ultimately responsible for repurchase or replacement remedies if your vehicle qualifies. Be concise: list the concern, the dates of repair attempts, and where the car is now.

A simple way to think about it: the dealer repairs, the manufacturer decides what to do if repairs don’t work. For example, if your SUV’s transmission shudders at highway speeds, you take it to the dealer, they reprogram the module, you get the car back, and the shudder returns a week later. After a second or third visit for the same issue—or if the car sits at the dealership for weeks waiting on parts—you should open a case with the manufacturer. Continue returning to an authorized dealer for repairs while the case is open, but start building the paper trail with the manufacturer in parallel.

California Lemon Law: Steps Before Escalating

Before pushing for a buyback or replacement, make sure you’ve covered the basics: confirm your vehicle is still under the manufacturer’s warranty (new car, certified pre-owned, or a part-specific warranty), and clearly describe the symptoms to the service advisor (“transmission slips between 2nd–3rd at 20–30 mph,” “infotainment reboots every 10 minutes,” “vehicle pulls left under braking”). Always ask that your concerns be written on the repair order exactly as you explain them, and keep copies of every document, towing receipt, and invoice. A simple folder or phone note with dates, mileage, and what happened on each visit can make a big difference later.

Next, allow the dealer a reasonable number of opportunities to fix the problem. California’s Lemon Law includes a legal “presumption” that may apply within the first 18 months or 18,000 miles if certain thresholds are met—such as multiple repair attempts for the same issue, two or more attempts for a serious safety defect, or 30 or more total days out of service. These are guidelines, not hard requirements for every case, but they illustrate why documentation and consistent, authorized repair attempts matter. If the dealer says “could not verify concern” or calls something “normal,” politely ask for a test drive with a technician and request that the outcome be documented.

If the issue persists, notify the manufacturer in writing and open a case. In your letter or email, include your VIN, contact information, a short timeline of repair visits, and a clear request for assistance under warranty; keep proof of delivery. Some manufacturers offer dispute resolution or arbitration programs—participation may be optional or recommended, depending on your warranty booklet. At this stage, many consumers also choose to consult a California Lemon Law attorney to understand options. While no outcome is guaranteed, a consultation can help you evaluate whether your facts align with Lemon Law remedies like repurchase, replacement, or a cash-and-keep settlement.