Lemon Law CA on Manufacturer Delays

When your vehicle sits at the dealership for weeks because a part is backordered or a software update isn’t available yet, it can feel like you’re stuck in limbo. In California, the Lemon Law doesn’t just look at how many times you’ve gone in for repairs—it also looks at how long your car is out of service. This article explains, in plain language, how manufacturer delays can affect your rights and what practical steps you can take to protect yourself.

What Manufacturer Delays Mean Under CA Lemon Law

California’s Lemon Law (part of the Song-Beverly Consumer Warranty Act) generally requires manufacturers to repair warranty-covered defects within a reasonable number of attempts and within a reasonable time. Delays caused by parts shortages, software patches that aren’t ready, or a backlog at the dealership don’t automatically excuse the manufacturer if your car can’t be fixed promptly. In many cases, the time your vehicle spends unavailable to you can count toward “days out of service,” even if the dealer is waiting on the manufacturer.

The law also includes a helpful presumption during the first 18 months or 18,000 miles (whichever comes first). Under that presumption, a vehicle may be considered a “lemon” if, among other criteria, it has been out of service for repairs for a total of 30 or more days. Those days can add up quickly when there’s a manufacturer delay—for example, when an EV battery pack is backordered, a transmission control module is stuck in transit, or a safety-related software update is pending.

Every situation is fact-specific, and not every delay will lead to a buyback or replacement. However, prolonged manufacturer delays can be strong evidence that the defect has not been repaired within a reasonable time. If your vehicle remains in the shop for extended periods due to backlogs or unavailable parts while under the manufacturer’s warranty, it’s important to track those days and keep all paperwork that shows why the delay occurred.

Steps to Take if Repairs Are Stalled or Backlogged

First, document everything. Keep copies of all repair orders, dates the car was dropped off and picked up, notes of phone calls, emails with the service advisor, and any written statements about why the repair is delayed and when parts are expected. If the dealership offers a loaner or rental, save those records too. A clear timeline helps show how long your vehicle has been unusable due to the manufacturer’s delay.

Second, stay proactive. Ask for estimated arrival dates for parts in writing, request status updates, and confirm whether another authorized dealer might have parts or capacity sooner. Check for recalls or technical service bulletins that might affect your repair, and verify your warranty coverage and expiration dates. If you depend on your vehicle for work or family needs, ask the dealer or manufacturer about transportation assistance they may offer—policies vary, so it’s worth asking and keeping receipts.

Finally, consider a consultation to understand your options. California’s Lemon Law depends on the nature of the defect, the number of repair attempts, and the total days out of service, among other factors. An attorney can evaluate your situation and explain potential next steps, but only after reviewing your specific facts and documents. If you’re facing repeated delays or extended downtime because parts aren’t available or repairs keep getting pushed, a focused review can help you decide how to move forward.

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 or examples do not guarantee any outcome. Attorney advertising.