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 vehicle keeps breaking down, dealers sometimes offer explanations that sound official but leave you stuck with the same problem. At ZapLemon, our California lemon law attorneys hear the same lines over and over—and we see how confusing they can be when you just want a safe, reliable car. Below, we unpack common dealer excuses and explain, in plain language, how California law generally looks at these situations so you can better understand your options.
Top Dealer Excuses—and What California Law Says
“We couldn’t replicate the problem.” Intermittent issues are common with modern vehicles, especially electrical or software glitches that don’t always trigger a diagnostic code. Under California’s Song-Beverly Consumer Warranty Act (the California Lemon Law), the key question is whether the manufacturer had a reasonable number of opportunities to fix a defect that substantially impairs use, value, or safety—not whether a technician happened to see it that day. Videos, photos, and detailed notes of when the issue occurs can help bridge the “no problem found” gap.
“That’s normal” or “it’s a design characteristic.” A grinding transmission, stalling engine, or dashboard system that repeatedly freezes is not “normal” just because it appears in more than one vehicle. California law focuses on whether the condition materially affects use, value, or safety during the warranty period. The law also includes a presumption (often called the Tanner presumption) that may apply if, within 18 months or 18,000 miles, the vehicle has multiple repair attempts for the same substantial issue or is out of service for more than 30 total days for warranty repairs. A dealer’s label doesn’t override those standards.
“It’s out of warranty, so there’s nothing we can do,” “Your aftermarket part voided the warranty,” or “We’ll fix it when parts arrive—just wait.” If the defect first appeared and was reported during the express warranty, repairs that happen after the warranty can still count toward your lemon law story. Warranty coverage generally can’t be voided simply because you used an aftermarket part unless the manufacturer can show that part caused the failure. And delays matter: days your vehicle sits at the shop for warranty repairs can count toward the total days out of service—even if you get a loaner. You don’t have to give unlimited repair attempts; the law requires a “reasonable” number, which depends on the facts.
Action Steps: Track Repairs, Warranties, Emails
Document everything. Each time you visit the dealer, ask for a written repair order describing your complaint in your own words, plus a final invoice when you pick up the vehicle. Note dates in and out, mileage, the symptoms you experienced, and any parts replaced—even if the dealer writes “could not verify concern.” Keep photos or videos of warning lights, rough shifting, leaks, or infotainment crashes, and record noises on your phone when safe to do so.
Check your warranty booklet and related materials. Confirm the in-service date, mileage limits, and what’s covered under the bumper-to-bumper versus powertrain warranty. If the car is certified pre-owned or still under a manufacturer or dealer warranty, those coverages may trigger lemon law rights for used vehicles, too. Look up Technical Service Bulletins (TSBs) and recalls for your make and model; if the dealer performs a TSB or recall but the issue returns, keep those records—repeat failures may be important later.
Communicate in writing with both the dealer and the manufacturer. Ask for a case number from the automaker’s customer care line and follow up by email summarizing your concerns, the safety impact, and every visit. Save emails, texts, and voicemails; they help create a clear timeline if your case is evaluated for buyback, replacement, or other relief. If you’re offered “goodwill” repairs, get the terms in writing and keep copies. Organized records make it easier for a consumer attorney to review your situation and explain your options.
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.