What to Do if Your New Car Keeps Having Problems

That new car smell should be a reminder of a smart purchase, not a signal of impending headaches. When your brand new vehicle spends more time at the dealership than in your driveway, the excitement of your purchase can quickly fade into deep frustration and anxiety. If your new car keeps having problems, you are not alone, and more importantly, you have powerful legal rights.

In California, consumers are protected by some of the strongest "lemon laws" in the country, designed specifically for situations like this. Let’s walk through what the law says, what makes a car a lemon, and the exact steps you can take to protect your investment and your peace of mind.

Your Rights Under California’s Lemon Law

The primary law protecting California consumers is the Song-Beverly Consumer Warranty Act, found in the California Civil Code starting at section 1790. This act requires manufacturers that offer an express written warranty to stand by their products. If they are unable to repair a vehicle to conform to that warranty after a reasonable number of attempts, they must promptly replace the vehicle or offer a refund.

Before we go further, it’s helpful to understand a few key terms as the law defines them:

• Nonconformity: This is any defect or malfunction that is covered by the manufacturer’s warranty and substantially impairs the use, value, or safety of the vehicle. This could be anything from a faulty transmission or stalling engine to a persistently failing navigation system or leaking sunroof.
• Reasonable Number of Attempts: This isn't just a vague idea. California law provides specific guidelines, known as legal "presumptions," that define what is considered a reasonable number of repair attempts. We will cover these in detail.
• Express Warranty: This is the written warranty provided by the manufacturer at the time of purchase, often referred to as the "bumper-to-bumper" or "powertrain" warranty.

The core principle is simple: you paid for a new, functioning vehicle, and the manufacturer has a legal duty to deliver on that promise. If they can’t fix a persistent problem, you shouldn’t be stuck with a defective car.

What Officially Makes a Car a “Lemon”?

While any vehicle with an unfixable warranty defect can potentially be a lemon, California law provides a powerful tool for consumers called the "Tanner Consumer Protection Act." This act, found in California Civil Code section 1793.22, establishes what is known as the Lemon Law Presumption.

Think of a presumption as a legal shortcut. If your vehicle’s repair history meets certain criteria within the first 18 months or 18,000 miles of delivery (whichever comes first), the law presumes it’s a lemon. This shifts the burden of proof from you to the manufacturer. You don’t have to definitively prove it’s a lemon; they have to prove it is not.

Your vehicle is presumed to be a lemon if any of the following occur during that 18-month/18,000-mile window:

The “Serious Safety Defect” Rule: 2+ Attempts

If the vehicle has a nonconformity that is likely to cause death or serious bodily injury, and you have taken it to the dealership for repair at least two times, the presumption may apply. The manufacturer must have been given two direct opportunities to fix the same safety defect.

• Example: Your new electric vehicle’s brakes intermittently fail to engage fully. You take it to the dealer twice for this specific issue, and the problem persists. Your car now likely falls under this presumption.

The “General Defect” Rule: 4+ Attempts

If you have taken the vehicle in for repair of the same nonconformity at least four times and the problem continues, it may be presumed a lemon. This applies to non-safety related issues that still substantially impair the vehicle's use or value.

• Example: The infotainment and navigation screen in your new SUV constantly freezes and reboots. You have service records showing you brought it to an authorized dealer for this exact issue on four separate occasions, but the system remains unreliable. This would likely trigger the Lemon Law Presumption.

The “Days Out of Service” Rule: 30+ Cumulative Days

If your car has been in the repair shop for a cumulative total of more than 30 days for any combination of warranty-covered defects, it may be presumed a lemon. These 30 days do not have to be consecutive.

• Example: Your car was in the shop for 10 days for a transmission issue, another 15 days a few months later for a check engine light, and another 6 days for an oil leak. That Cialis 31 cumulative days, which meets the threshold for the presumption.

It is critical to remember that even if your vehicle's issues arise outside the 18-month/18,000-mile presumption period, you can still have a valid lemon law claim. The claim simply won’t have the benefit of the legal presumption, but as long as the problems first occurred while the vehicle was under the manufacturer's warranty, your rights are still protected under the Song-Beverly Act.

The First Steps You Must Take: Building Your Case

If you suspect your car is a lemon, the actions you take next are crucial. A successful lemon law claim is built on a foundation of clear and thorough documentation.

Step 1: Document Everything Meticulously

From the very first sign of trouble, become your own best advocate. Keep a dedicated folder or digital file for all documents related to your vehicle. This includes:

• The Purchase or Lease Agreement: This establishes the date of purchase, the terms, and the vehicle information.
• All Repair Orders and Invoices: This is the single most important piece of evidence. Each time you visit the dealership for a repair, you must get a copy of the repair order when you drop off the car and a final, closed-out invoice when you pick it up.
• A Communication Log: Keep a notebook or a running digital document. Every time you speak with someone at the dealership or the manufacturer’s corporate office, log the date, time, the person's name and title, and a summary of the conversation.
• Photos and Videos: If the defect is visible (like a water leak) or audible (like a strange engine noise), capture it on your phone. Make sure to document the date and time.

Step 2: Ensure Your Concerns are Clearly Noted

When you take your car in for service, the service advisor will write up your complaint on the repair order. This statement, often beginning with "Customer states...", is vital.

• Be Consistent and Specific: Describe the problem the same way each time. Instead of saying "the car is acting weird," say "the vehicle hesitates and jerks when accelerating from a stop."
• Review the Repair Order: Before you sign anything or leave the dealership, read what the service advisor wrote. Make sure it accurately reflects the problem you described. If it doesn't, politely ask them to correct it. What is written on that document becomes the official record of your complaint.

Step 3: Keep All Your Records Organized

After you pick up your car, review the final invoice. It should detail what work was performed (or if they were "unable to duplicate" the problem). File this document with your other records chronologically. This paper trail demonstrates the repair history and the manufacturer's failure to fix the issue.

Your Potential Remedies Under State Law

If your vehicle is determined to be a lemon, the Song-Beverly Act provides for two primary remedies. The choice is legally yours, although most consumers opt for a repurchase.

Remedy 1: Repurchase (or “Buyback”)

This is the most common remedy. The manufacturer must buy the vehicle back from you. They are required to refund what you have paid, including:

• Your down payment
• All of your monthly payments
• The payoff of your auto loan
• Registration fees and other official costs

From this total, the manufacturer is allowed to subtract a "mileage offset." This is a credit for the "good" miles you drove the car before the first repair attempt for the defect. The formula is specifically defined by law in California Civil Code section 1793.2(d)(2)(C) and is calculated by taking the miles on the odometer at the first repair attempt, dividing by 120,000, and multiplying by the cash price of the vehicle.

Remedy 2: Replacement

You can also choose to have the manufacturer provide you with a new vehicle that is substantially identical to the one you have. This means the same make, model, and trim, with similar options. While this sounds straightforward, it can sometimes be complicated if the model has been updated or is no longer available. For this reason, and because it still ties the consumer to the same manufacturer, most people choose the buyback remedy to make a fresh start.

Cash Settlements

In some cases, a "cash and keep" settlement may be negotiated. This is where you keep the vehicle and the manufacturer pays you a sum of money to compensate for the defect and the diminished value of the car. This can be an appropriate resolution if the defect is annoying but not something that makes you want to get rid of the car entirely.

Federal Laws and New Protections

In addition to California's robust state laws, federal law also offers a layer of protection. The Magnuson-Moss Warranty Act (15 U.S.C. sections 2301-2312) is a federal lemon law that protects consumers in all 50 states. It provides that manufacturers who offer written warranties must honor them and can provide a basis for a claim even if a state's technical requirements aren't met.

California’s consumer protection laws are also constantly evolving. Recently enacted legislation like AB 1755 (2024) has updated the buyback formula for specific situations, showing a continued commitment from the state to refine and strengthen consumer rights. Staying aware of these changes is part of our commitment to protecting California drivers.

Frequently Asked Questions

Does the lemon law apply to used cars?

Yes, under certain conditions. If you buy a used car that is still covered by the manufacturer’s original warranty (or a certified pre-owned warranty), you are protected by the Song-Beverly Act. The law also covers used cars sold with a dealer-provided warranty for the duration of that specific warranty.

What if my car’s problem is intermittent and the dealer says they can’t duplicate it?

This is a very common and frustrating scenario. Intermittent problems absolutely qualify for lemon law protection. This is where your personal documentation is key. Keep a detailed log of every time the problem occurs: note the date, time, weather conditions, what you were doing (e.g., accelerating on the freeway, turning left at a low speed), and any other relevant details. Video evidence is also extremely helpful. Even if the dealer can't replicate it, a clear pattern of defects can support a strong lemon law claim.

Do I have to pay an attorney to handle my case?

No. California’s lemon law includes a critical consumer-friendly provision. California Civil Code section 1794(d) requires the vehicle manufacturer to pay your attorney's fees and costs if you win your case. This fee-shifting provision allows reputable lemon law attorneys to represent consumers with no out-of-pocket fees. You get expert legal help without any financial risk.

How long do I have to file a lemon law claim?

The statute of limitations for filing a lemon law claim in California is generally four years. However, the exact start date for that four-year clock can be complex to determine. It is always best to act as soon as you believe you have a lemon rather than waiting. Delay can complicate your case and may give the manufacturer an argument that you weren't significantly bothered by the defect.

You Don’t Have to Face the Manufacturer Alone

Dealing with a defective new car can be isolating and overwhelming. It can feel like you are in a battle against a giant corporation with unlimited resources. But you have significant rights, and you do not have to fight this battle by yourself. The law was written to level the playing field for consumers just like you.

If your vehicle has been subject to repeated repairs and you are getting nowhere with the dealership, it is time to seek professional legal advice. Our team at LemonLaws.com is dedicated to defending consumer rights. We offer a free, no-obligation consultation to review your case and explain your options in plain English. Because of the fee-shifting provision in California law, you will never pay any out-of-pocket fees for our services. Contact us today, and let us help you get the justice you deserve.