What If the Manufacturer Refuses to Replace or Refund My Vehicle in San Diego?

There’s nothing more frustrating than buying a car, whether it’s a new car or a used car, only to find yourself back at the dealership week after week for the same issue. When you finally file a lemon law claim under California’s consumer protection laws, and the manufacturer says no? That’s enough to make anyone feel stuck.

But if you’re in San Diego and the manufacturer refuses to replace your defective vehicle or issue a refund, that doesn’t mean the fight is over. In fact, it’s just beginning—and you’re not without options.

Under the California lemon law, including the Song-Beverly Consumer Warranty Act, manufacturers must buy back or replace vehicles that meet certain criteria. When they don’t, it’s not the end of the road—it’s the point where legal pressure can start to work in your favor.

Why Do Manufacturers Deny Legitimate Lemon Law Claims?

Manufacturers don’t always play fair. Even when it’s clear your vehicle has a serious defect and you’ve given them a reasonable number of repair attempts, they still push back. Why?

Here’s what we typically see:

• They want to avoid costs. A buyback or replacement vehicle can cost tens of thousands of dollars. Manufacturers have every incentive to deny valid claims if they think they can get away with it.
• They fear opening the floodgates. Approving your claim might mean they have to honor others like it—and they know many car buyers are unaware of their rights under the lemon law in California.
• They challenge the number of attempts. One of the most common tactics is to argue that you haven’t given them enough chances to fix the issue, even when the record clearly shows repeated visits for the same problem.
• They minimize the defect. Some claim the problem doesn’t “substantially impair” the vehicle’s use, value, or safety—even when your car won’t start, steer, or stay out of the shop.
• They blame the driver. It’s not unusual for a manufacturer to shift blame, suggesting the issue is due to owner misuse rather than something covered under the warranty.

These roadblocks are frustrating, but they’re not unbeatable. California’s lemon law was designed to protect consumers, and the law is on your side. When manufacturers refuse to make it right, what they’re often counting on is your frustration, hoping you’ll walk away.

You don’t have to.

You Have Rights—Even When the Dealership Says You Don’t

When you buy a car, whether it’s brand new or a certified used vehicle, you expect it to do one thing: work. And when it doesn’t—when you’re stuck with mechanical issues that just won’t go away, even after multiple trips to the shop—it’s more than inconvenient. It’s disruptive. It’s stressful. And it’s not something you have to accept.

California’s lemon law is built to protect people in exactly this position. If your vehicle is still under the manufacturer’s warranty and it has a substantial defect—something that affects how safe it is, how well it runs, or even what it’s worth—and the manufacturer can’t fix it after trying more than once, they don’t get to shrug and walk away.

By law, they have two options:

• Replace the vehicle with a similar one that works
• Or buy it back and refund your purchase price, minus a small mileage offset

This applies whether you bought a new car, a certified pre-owned, or another used vehicle with warranty coverage. The Song-Beverly Consumer Warranty Act isn’t limited to first-time buyers or new models. If the warranty is active, and the vehicle’s problems fall under that coverage, the manufacturer must act.

They don’t get to delay. They don’t get to blame you. And they don’t get to pretend the issue doesn’t matter.

So… What Counts as “Enough” Repair Attempts?

Here’s where it gets tricky. The law talks about a “reasonable number of attempts,” but what does that actually mean?

As a general rule, California law assumes the manufacturer’s had enough chances if:

• The same mechanical issue has been worked on four or more times,
• A safety problem was addressed at least twice, or
• Your car has been in the shop for 30 days total (even if those days weren’t in a row)

But—and this is important—that’s not a checklist. You don’t need to hit all three. You don’t even need to hit one of them exactly. If your car has a serious defect and you’ve done your part by giving the dealership or the vehicle manufacturer a fair shot to fix it, you may still have a case.

This is where a lot of people in San Diego give up. They think, “Well, it’s only been in three times. Guess I’m stuck with it.” But the law doesn’t always work in absolutes. Context matters. And lemon law cases often hinge on the severity of the issue, not just the numbers.

If you’re not sure whether your car may qualify as a lemon, that’s okay. You don’t have to figure it out alone. What matters is that you start asking questions and get a real answer from someone who knows how this law works—and how it applies to your specific situation.

What to Do When the Manufacturer Says “No” to Your Lemon Law Claim

So, you’ve followed the rules. You gave the dealership multiple chances to fix the issue. You stayed patient through each repair attempt. Then, when you finally said enough is enough and asked for a refund or a replacement vehicle under California’s lemon law, the manufacturer shut you down.

That kind of stonewalling is frustrating—but you’re not out of options. Here’s what we recommend you do next if you’re in San Diego and your lemon law claim has been denied.

1. Get Your Documents in Order

Paperwork isn’t glamorous, but in lemon law cases, it’s everything.

Start by gathering:

• Repair invoices and work orders—anything showing repair attempts
• Emails, letters, texts, and phone notes with the manufacturer or dealership
• Purchase documents, including your contract, warranty booklet, and registration
• A timeline that outlines when the problems began and every step you’ve taken since

This isn’t just for your attorney—it’s for the record. You’re building a case that proves the manufacturer had a reasonable chance to fix your defective vehicle and didn’t follow through.

2. Send a Formal Demand Letter

Before you take legal action, give the manufacturer one last opportunity to do the right thing. That starts with a formal demand letter that spells everything out clearly:

• The defects you’ve experienced
• How many repair attempts have been made
• Your right to a replacement vehicle or refund under California’s lemon law
• A reasonable deadline for a response—typically 10 to 15 business days
• Notice that if they ignore this, you’re prepared to take legal action

Send it via certified mail with a return receipt. You’ll want proof they received it.

3. Know the Deal with Arbitration

Some manufacturers offer arbitration programs that are supposed to help resolve disputes without going to court. Sounds good in theory, but be cautious.

Here’s the reality:

• Many of these programs tend to favor the manufacturer
• You’re not obligated to accept a bad outcome—you can still file a lemon law lawsuit
• They may restrict what evidence you can bring

If you do go this route, treat it as a first step, not a final solution. If it works in your favor, great. If not, you’re still entitled to pursue your full rights under the law.

4. File a Lemon Law Lawsuit

If the manufacturer won’t budge—and many don’t until they’re forced to—a lemon law lawsuit may be your strongest option to secure a full refund or a replacement vehicle. And don’t let the word “lawsuit” intimidate you. In fact, California’s lemon law is written to encourage consumers to take action when manufacturers fail to deliver.

Here’s what’s in your corner:

• If you win, the manufacturer must pay your attorney’s fees and costs
• In some cases, they can be hit with civil penalties up to twice your actual damages if their refusal was willful
• Most San Diego lemon law attorneys handle these cases on a contingency basis, which means no out-of-pocket fees—you only pay if you win

Lawsuits get attention. They send a message that you’re not going away quietly—and manufacturers tend to take that seriously.

5. Report the Problem

While you’re building your case, don’t forget the power of reporting. File complaints with:

• The California Department of Consumer Affairs
• The Better Business Bureau Auto Line
• The National Highway Traffic Safety Administration, especially for safety-related defects

These complaints won’t replace a lawsuit, but they do create a paper trail that strengthens your position and puts pressure on the manufacturer or dealer.

Why Having a Lemon Law Attorney Changes Everything

If you’re dealing with a manufacturer that refuses to buy back or replace your defective vehicle, having the right legal help can make all the difference.

A skilled lemon law attorney doesn’t just know the law—they know how to use it to your advantage. Here’s what a good legal team brings to the table:

• We’ll look at the facts of your situation and tell you whether your case meets California’s lemon law standards.
• We’ll take over the back-and-forth with the manufacturer’s legal team, so you’re not stuck fighting their lawyers on your own.
• We know how to build a strong case, using your repair records, warranty documents, and other key details to show the defect is real—and that the manufacturer must act.
• We’ll guide your case through the legal system, including the procedural hurdles that come with lemon law claims.
• And we won’t settle for less than what you’re owed. If a refund or replacement vehicle is what you’re entitled to, that’s what we’ll fight for.

And here’s something a lot of people don’t realize: if we win, the manufacturer is required to pay your attorney’s fees. That puts pressure on them to settle fairly instead of dragging you through a trial they’re likely to lose.

You’ve already spent too much time dealing with a car that doesn’t work and a company that won’t listen. Let us take it from here.

A Denial Doesn’t Mean It’s Over

If a manufacturer refuses your lemon law claim, don’t assume it ends there. California’s lemon law exists to protect consumers from exactly this kind of pushback.

At Mission Law Group, we’ve helped San Diego drivers turn those denials into refunds or replacement vehicles. Just because they said no doesn’t mean you don’t have a case.

Contact us for a free consultation. We’ll help you understand your rights—and what you can do next.

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