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.
Electric brakes promise quick, consistent stopping power, but when they malfunction, it can be scary and disruptive. If your vehicle’s electric parking brake, brake-by-wire system, or regenerative braking keeps acting up, California’s Lemon Law may offer remedies. Below we explain how the law may apply and share practical steps you can take—all in plain language and for informational purposes only.
California Lemon Law and Faulty Electric Brakes
California’s Lemon Law (part of the Song-Beverly Consumer Warranty Act) protects consumers when a new or warrantied vehicle has defects that substantially impair its use, value, or safety and the manufacturer can’t fix them after a reasonable number of attempts. Brake issues—especially with modern electric systems like brake-by-wire, electronic parking brakes, ABS/ESC modules, or regenerative braking on hybrids and EVs—often qualify as safety-related because they affect stopping power or stability control. The law can cover new purchases, leases, and certain used vehicles still under the manufacturer’s warranty.
In many cases, a “reasonable number of repair attempts” depends on the severity and frequency of the problem. As a general guideline, California has a presumption that may apply within the first 18 months or 18,000 miles if there are two or more repair attempts for a defect likely to cause serious injury or death, four or more attempts for other issues, or the vehicle is out of service for repairs for 30 or more total days. These numbers are not hard limits, and every situation is fact-specific. The manufacturer typically must be given a fair chance to repair the defect under warranty.
If the criteria are met, potential remedies can include a repurchase (often called a buyback) or a replacement vehicle, plus certain incidental costs like towing or rental car fees, subject to a mileage offset and other rules. Common brake-related scenarios include recurring “Brake System” or “ABS/ESC” warnings, unintended activation of stability control, an electronic parking brake that won’t release, or a brake pedal that feels inconsistent after software updates. Documentation is key: detailed repair orders can make a big difference in evaluating whether your vehicle might meet the legal standards.
What to Do if Electric Brakes Keep Failing
Put safety first. If the brake warning light comes on, the pedal feels spongy or hard, the vehicle pulls to one side, or your electronic parking brake won’t engage or release, consider parking the vehicle and arranging a tow to the dealership rather than driving it. Check for open recalls through the NHTSA website or your manufacturer’s app, and confirm whether your vehicle is still within the factory warranty or an extended warranty that could cover diagnostics and repairs.
Each time you visit the dealer, describe the symptoms in detail and ask that they be written on the repair order—include dash warnings, noises, when it happens (hot/cold, stop-and-go traffic, downhill), and any safety concerns. Keep copies of all repair orders and invoices, tow receipts, rental car records, and any software update notes. Photos or videos of warning lights, messages, or unusual brake behavior can be helpful, as can a timeline noting dates, mileage, and conditions when the issue appears.
If the problem persists, you can open a case with the manufacturer, request that a field technician inspect the car, and ask the dealer whether there are relevant technical service bulletins (TSBs). Avoid resetting codes on your own, as that can erase data the technician needs. While nothing here is legal advice, many consumers find it useful to consult a lemon law attorney early for guidance on documentation and next steps. ZapLemon can review your situation, explain your options, and discuss how California law may apply to your specific facts.
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.