Purchasing a new vehicle should be an exciting time. However, for some consumers, this can quickly become a nightmare if their car shows persistent and unfixable defects. Fortunately, California’s Lemon Law is one of the strongest consumer protection laws in the United States and is designed to help buyers get compensation or a replacement when they have purchased a defective vehicle. Governed by California Civil Code Section 1793.22, this law ensures that consumers are not stuck with cars that fail to meet quality and safety standards.
The Lemon Law outlines clear criteria for what qualifies as a lemon, but despite its protections, many manufacturers resort to using deceptive tactics to avoid buybacks and minimize their financial liability. Understanding these loopholes and how to fight back is essential for consumers to receive the compensation they are legally entitled to.
In this blog, we will highlight some of the most common tactics manufacturers use to sidestep California’s Lemon Law and share actionable advice on how you can protect yourself.
What is the California Lemon Law?
The California Lemon Law, also known as the Song-Beverly Consumer Warranty Act, offers crucial protection for consumers who purchase defective vehicles without prior knowledge. This law requires manufacturers to either replace or buy back vehicles that cannot be repaired after a reasonable number of attempts, ensuring consumers aren’t left with a costly, unreliable car.
To qualify as a lemon in California, a vehicle must meet specific criteria:
Multiple Repair Attempts for the Same Issue:The manufacturer must have had several opportunities to repair a substantial defect that affects the vehicle’s use, value or safety. Typically, 2-4 repair attempts for the same problem are considered reasonable, especially for serious safety defects.
Time Spent Out of Service (30 Days or More):If your vehicle has been out of service for 30 cumulative days or more due to repairs, it may qualify as a lemon, even if the issue isn’t resolved after one or two visits. These 30 days don’t have to be consecutive.
Serious Safety Defects:Some defects are so severe that just one or two repair attempts can be enough to trigger Lemon Law protections. Examples include brake failure, steering issues, or problems that increase the risk of injury or death.
Types of Compensation Under the California Lemon Law
If your vehicle qualifies as a lemon, you may be entitled to:
Buyback – The manufacturer repurchases your vehicle and reimburses you for your down payment, loan payments, and other costs, minus a deduction for use.
Replacement Vehicle – The manufacturer provides a new, comparable vehicle.
Refund – You receive a full or partial refund for repair-related expenses.
👉 Read this article if you would like to know more about the various fees you are entitled to if you claim under Californian Lemon Law.
Documentation is Key in Lemon Law Cases
Maintaining detailed records of your vehicle’s defects, repair attempts and communications with the manufacturer or car dealer is vital. Keep copies of all invoice or repair order paperwork, service logs and correspondence. These documents can serve as crucial evidence in proving your Lemon Law case and help you avoid being dismissed or delayed by the manufacturer.
By understanding how the Lemon Law works and meeting its criteria, you will be in a stronger position to hold manufacturers accountable and protect your investment.
5 Common Tactics Manufacturers and Dealers Use to Avoid Buybacks
Even though California’s Lemon Law is designed to protect consumers, manufacturers often resort to tactics to avoid buybacks and minimize their financial responsibility. Being aware of these strategies is crucial if you want to fight back and secure the compensation you are entitled to.
1. Claiming the Vehicle Doesn’t Qualify
One of the most common ways manufacturers and car dealers try to avoid a buyback is by arguing that the vehicle’s issue doesn’t meet the criteria for a lemon.
“Normal Wear and Tear” or User-Caused Damage:Manufacturers may claim that defects are caused by normal wear and tear or driver error, rather than admitting the vehicle has a serious mechanical or safety defect. For example, excessive brake wear or engine problems might be blamed on driving habits rather than defective parts.
Misleading Consumers About Lemon Law Requirements:Manufacturers or dealerships sometimes mislead consumers by downplaying the seriousness of their issue or exaggerating the number of repair attempts required before the vehicle qualifies as a lemon. This misinformation can easily discourage consumers from pursuing a buyback, therefore, consulting with an attorney who is experienced in handling lemon law cases is vital.
👉 Read this article on how to identify whether your vehicle’s issues stem from manufacturer defects, repair shop negligence or user error.
2. Delaying Repairs or Responses
Another tactic is to delay the repair process, making it harder for the vehicle to meet the time-out-of-service threshold.
Delaying Warranty Repairs:Some dealerships delay repairs by claiming that parts are unavailable or by scheduling appointments weeks apart. This tactic can extend the repair process and reduce the likelihood of meeting the 30-day threshold.
Miscommunication and Long Gaps:Manufacturers may also create confusion through poor communication, leaving consumers in the dark about the status of their repair or claim. Long gaps between repair attempts can make it harder to build a strong Lemon Law case.
3. Offering Lowball Settlements
When consumers push for compensation, manufacturers sometimes offer settlements far below what the Lemon Law entitles them to.
Low-Value Settlement Offers:These offers may reimburse a fraction of the vehicle’s value, often failing to cover the consumer’s full expenses. Their goal is to convince frustrated consumers to accept the offer rather than continue pursuing a buyback or replacement.
Non-Disclosure Agreements:Manufacturers may ask consumers to sign non-disclosure agreements (NDAs) as part of the settlement. This prevents the consumer from speaking publicly about their experience and hides the manufacturer’s behavior from future buyers.
4. Misclassifying the Defect
Some manufacturers deliberately misclassify defects to make them seem less serious or unrelated to previous issues.
Re-Categorizing Problems:For example, a recurring transmission problem may be described as unrelated software issues in one instance and a mechanical problem in another. This tactic makes it harder for consumers to prove they have experienced the same defect multiple times.
5. Confusing Consumers About Warranty Coverage and Filing Deadlines
Manufacturers often create additional confusion by misrepresenting the terms of the vehicle’s warranty or the timeline for filing a Lemon Law claim. These tactics can leave consumers frustrated and uncertain whether they have a valid claim.
Misleading Consumers About Manufacturer's Warranty Coverage:Manufacturers may claim that a defect is not covered under the warranty, even when it clearly qualifies. Common examples include blaming the defect on "normal wear and tear" or claiming it results from user error rather than a manufacturing issue. Understanding the terms of your warranty and seeking professional advice is crucial to avoid being misled and missing out on your Lemon Law protections.
👉 Read this article on what to do if your warranty claim is denied by the manufacturer, and learn how to respond and protect your rights.
Misleading About the Statute of Limitations:Another frequent tactic is misinforming consumers about the statute of limitations for filing a Lemon Law claim hoping to discourage consumers from pursuing legal action.
👉 Read this article about the significant changes to California's Lemon Law from April 1, 2025, including updates to the statute of limitations altering the timelines and procedures for filing claims.
Understanding these tactics can help you spot them early and take action to protect your rights.
How to Fight Back Against Manufacturer Tactics
Manufacturers may use some of these tactics to avoid buybacks, but there are several steps you can take to protect yourself, strengthen your Lemon Law case and secure the compensation you deserve.
✅ Know Your Rights
California’s Lemon Law gives consumers powerful protections, but many aren’t aware of their full rights, such as:
You have the right to a buyback, replacement vehicle or refund if your vehicle meets the California Lemon Law criteria. This applies to new and some used vehicles still under the manufacturer’s warranty.
The manufacturer is responsible for covering repair-related expenses, including loan payments, registration fees and towing costs in a buyback.
Escalate your case beyond the dealership if you are not getting results. Dealerships may deny claims or delay repairs, but you have the right to take your case directly to the manufacturer or pursue legal action if necessary.
The manufacturer must pay attorney’s fees and legal costs if your Lemon Law case is successful, meaning you won’t have to bear the financial burden of pursuing legal action.
Knowing these rights is the first step in holding manufacturers accountable and ensuring you are treated fairly.
✅ Keep Detailed Documentation
Maintaining thorough records is one of the most effective ways to support your California Lemon Law case. Manufacturers rely on incomplete documentation to dispute claims, so having a complete paper trail is essential. Key documents to keep include:
Maintenance and Repair Logs – Record every repair attempt, noting dates, mileage and detailed descriptions of the problems.
Copies of Correspondence – Keep emails, letters and texts exchanged with the dealership and manufacturer. These documents are crucial evidence if the manufacturer disputes your claim.
✅ Seek Legal Help
With evolving regulations and complex case law, having experienced legal representation is more crucial than ever. Lemon Law attorneys are well-versed in the latest updates and can guide consumers through the claims process, helping them avoid common pitfalls and ensuring their cases are handled correctly.
Here’s how an attorney can help:
In-depth Knowledge – Lemon Law attorneys understand the intricacies of Lemon Law regulations and the latest legal precedents.
Skilled Negotiation – They can negotiate directly with manufacturers, preventing them from exploiting legal loopholes or using aggressive tactics.
Deadline Management – Legal professionals ensure you meet all filing deadlines and requirements, minimizing the risk of costly mistakes.
Case Evaluation – They can accurately assess whether your vehicle qualifies as a lemon under current standards.
Manufacturer Accountability – Attorneys handle the negotiations and fight for your rights, so you don’t have to deal with manufacturer pressure tactics.
Maximized Compensation – Legal representation helps secure the full compensation you are entitled to, covering refunds, replacement vehicles and related expenses.
Partnering with an experienced Lemon Law attorney ensures you are protected every step of the way, giving you the best chance for a successful outcome.
Why Choose The Beck Law Office for Your Lemon Law Claim?
When facing a denied warranty claim or navigating the complexities of California’s Lemon Law, having the right legal representation can make all the difference. At The Beck Law Office, we are proud to be California’s trusted Lemon Law attorneys, offering unmatched expertise, proven results and a client-first approach.
Our experienced team is dedicated to protecting your rights and ensuring you receive the compensation you deserve. From evaluating your case to negotiating with manufacturers and, if necessary, representing you in court, we are with you every step of the way.
With our in-depth knowledge of California’s evolving Lemon Law regulations, you can have peace of mind that your claim is in the best possible hands.
Contact Us Today
📞 Contact us today for a free initial consultation and let us put our expertise to work for you.
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