Lemon Lawyers Explain: Common Defenses Manufacturers Use

If you’re dealing with repeat car problems and wondering why the manufacturer keeps saying “no,” understanding the playbook can help. California’s lemon law, known as the Song-Beverly Consumer Warranty Act, gives consumers real remedies—but automakers often raise familiar defenses to avoid a buyback or replacement. Below, ZapLemon’s lemon law team explains the most common defenses we see and how they may affect a California claim, in plain language and with practical tips you can use.

Common Lemon Law Defenses Automakers Rely On

One frequent defense is “no substantial impairment.” The manufacturer may argue that your issue is a minor annoyance—like a rattle, a cosmetic blemish, or a software glitch—rather than a defect that substantially impairs the vehicle’s use, value, or safety. They may also claim that the problem was fixed within a “reasonable number” of repair attempts, or that the dealership “could not verify” your complaint during test drives. In practice, this often shows up on repair orders as “no problem found” or “operating as designed,” even when you continue to experience the issue.

Another common approach is to blame the owner or outside factors. Automakers may assert that modifications, aftermarket parts, oversized wheels, or a tune caused the problem. They may point to missed maintenance intervals, contaminated fuel, collision damage, or misuse as the root cause. If they can link the defect to something outside the factory warranty, they’ll argue it isn’t covered—even if a related issue began while the warranty was still active.

Manufacturers also rely on technical and procedural defenses. Expect arguments that the warranty expired before the defect was presented, that you didn’t give a “reasonable opportunity” to repair, or that the California lemon law presumption doesn’t apply because the issue didn’t occur within 18 months/18,000 miles or meet the specific attempt/day thresholds. You may also hear about “goodwill” or courtesy repairs—fixes made outside warranty—which manufacturers sometimes use to say the problem wasn’t actually warrantable. Finally, in refund scenarios, they typically insist on a mileage/use offset that reduces the buyback based on miles driven before the first repair attempt.

What These Defenses Mean for Your California Claim

Hearing these defenses does not automatically end your claim, but it does shape the evidence you’ll need. Clear documentation can counter “no defect found” and “fixed within a reasonable number of attempts” arguments. Keep every repair order, even if it says “could not duplicate,” and make sure your complaint is written on the work order in your own words. Consistent, dated photos or videos of the issue—like warning lights, stalling, or infotainment freezes—can be helpful when the problem is intermittent.

Owner-blame defenses highlight why careful maintenance matters. Use the manufacturer’s recommended fluids and parts, keep receipts for oil changes and tire rotations, and avoid performance modifications while a claim is pending. If a dealer suggests an issue is “normal,” ask them to note that statement on the repair order. If you’re told to return when the problem gets worse, document the conversation and the conditions when the defect appears (speed, temperature, terrain). If you can safely do so, demonstrate the problem on a test drive with a technician.

California law is broader than the common defenses suggest. Even if the lemon law presumption timelines don’t fit your situation, you may still have rights under the Song-Beverly Act or the federal Magnuson-Moss Warranty Act. Timelines matter, so it’s wise to act promptly: claims in California generally must be brought within a limited period that can depend on when you discovered the issue and when the breach occurred. Practical next steps include: verifying warranty coverage in your owner’s booklet, requesting the vehicle’s warranty/repair history from the dealer, and organizing your records by date and mileage. If you’re considering a claim, a consultation can help you understand how defenses like “misuse,” “as designed,” or “goodwill repair” apply to your specific facts.