What if the Dealer or Manufacturer Says My Car Doesn’t Qualify Under Lemon Law?

One of the most frustrating experiences for vehicle owners is when persistent problems plague their car, yet the dealer or manufacturer insists it doesn’t qualify as a “lemon.” If you’re facing this situation in California, you’re not alone—and you’re not without options. Many consumers encounter resistance when seeking remedies under California’s Lemon Law, but understanding your rights and knowing how to respond can make all the difference.

Why Dealers and Manufacturers Push Back

First, it’s important to understand why you might face resistance. Manufacturers and dealers often have financial incentives to avoid Lemon Law claims:

• Buybacks and replacements are expensive for manufacturers
• Acknowledging a “lemon” can impact a vehicle model’s reputation
• Dealers may lose service revenue if vehicles are repurchased
• Some dealers lack complete understanding of Lemon Law requirements
• Manufacturers may hope consumers will give up if challenged

Remember, just because a dealer or manufacturer says your vehicle doesn’t qualify doesn’t mean they’re correct. Their determination is not the final word on your Lemon Law rights.

Common Manufacturer Objections and How to Respond

Here are frequent objections you might hear and how to address them:

“The problems aren’t substantial enough”

Manufacturers often claim that defects don’t “substantially impair” the vehicle’s use, value, or safety as required by law.

How to respond: Document how the defects impact your daily use of the vehicle. For example, if your car stalls unexpectedly, note instances where this created safety hazards or prevented you from using the vehicle as intended. California courts have recognized that even issues like abnormal noises, water leaks, or paint defects can substantially impair a vehicle’s value.

“You haven’t given us enough repair attempts”

Another common objection is that you haven’t provided the “reasonable number of repair attempts” required by law.

How to respond: California’s Lemon Law presumes a “reasonable number” has been reached when:

• The same substantial defect has been subject to repair 4 or more times
• A safety-related defect has been repaired 2 or more times
• The vehicle has been out of service for repairs for a total of 30 days or more

Keep detailed records of every repair visit, even if the dealer claims they couldn’t reproduce or fix the issue. Each documented attempt counts toward your case.

“The problems are due to your misuse or abuse”

Manufacturers may try to blame you for the vehicle’s problems.

How to respond: If you’ve maintained your vehicle according to the owner’s manual and used it for its intended purpose, this defense typically fails. Request copies of all service records to show you’ve properly maintained the vehicle. If the manufacturer makes this claim, ask them to provide specific evidence of misuse—they bear the burden of proof for this defense.

“You waited too long to report the problems”

You might hear that you should have reported issues earlier.

How to respond: California’s Lemon Law applies to defects reported during the warranty period. As long as you reported problems while under warranty, you’re still protected, even if the warranty has since expired. The statute of limitations for filing a Lemon Law claim in California is four years from when you knew or should have known about the defect.

“You need to try our arbitration program first”

Some manufacturers will insist you must go through their arbitration program before taking legal action.

How to respond: You’re only required to participate in arbitration if:

1. The manufacturer has a state-certified arbitration program
2. You were properly informed about the program
3. The information was provided in a clear and conspicuous manner

Even then, arbitration decisions aren’t binding on you—only on the manufacturer if you accept the decision. You always maintain your right to pursue legal action if you’re unsatisfied with the arbitration outcome.

Steps to Take When Facing Resistance

If you’re facing pushback from a dealer or manufacturer, here’s what to do:

1. Continue Documenting Everything

Keep meticulous records of all:

• Repair visits (dates, duration, and descriptions of problems)
• Communications with dealer and manufacturer representatives
• How the defects impact your use of the vehicle
• Witness statements if others have experienced the problems

2. Request Your Vehicle’s Repair History

You have the right to request complete repair records for your vehicle. These records may reveal patterns or issues the dealer hasn’t disclosed to you.

3. File a Complaint with the Manufacturer

Submit a formal written complaint to the manufacturer’s customer service department. Send it by certified mail with return receipt requested to document when they received your complaint.

4. Contact the California Department of Consumer Affairs

The California Department of Consumer Affairs can provide information about your rights and may intervene in some cases. Their Arbitration Certification Program oversees manufacturer arbitration programs.

5. Consider an Independent Inspection

Having an independent certified mechanic inspect your vehicle can provide valuable evidence if the dealer claims no problems exist or the issues are minor.

6. Consult with a Lemon Law Attorney

Perhaps most importantly, speak with an attorney who specializes in California Lemon Law. Most Lemon Law attorneys offer free consultations and work on a contingency basis, meaning you pay nothing upfront.

An experienced attorney can:

• Evaluate the strength of your potential claim
• Advise you on how to respond to manufacturer objections
• Help gather and organize the evidence needed to support your case
• Negotiate directly with the manufacturer on your behalf
• Represent you in arbitration or court if necessary

Your Rights Trump Manufacturer Determinations

It’s crucial to understand that under California law, the manufacturer doesn’t get to be the final judge of whether your vehicle qualifies as a lemon. That determination ultimately rests with an arbitrator, judge, or jury if your case proceeds that far.

Many consumers successfully obtain buybacks or replacements even after initially being told their vehicle doesn’t qualify. The key is being persistent and knowing your rights under the law.

Don’t Take “No” for an Answer

If you believe your vehicle qualifies under California’s Lemon Law, don’t be discouraged by initial rejections. The law was specifically designed to protect consumers from defective vehicles and to place the burden on manufacturers to provide vehicles that conform to their warranties.

At Mission Law Group, we’ve helped many clients successfully navigate Lemon Law claims even after manufacturers initially denied their cases. Our experienced attorneys understand the tactics manufacturers use to avoid their responsibilities and know how to counter these strategies effectively.

Remember, the manufacturer has legal teams protecting their interests—you deserve to have someone fighting for yours. Don’t let a dealer or manufacturer’s denial prevent you from pursuing the remedies you’re entitled to under California law.

*Disclaimer: This information is for educational purposes only and does not constitute legal advice. Each case is unique, and results may vary based on individual circumstances.