What to do if the Dealership Can't Fix Your New Car
Introduction
Getting a brand-new car only to find a serious defect—even after warranty repair attempts—is a frustrating experience. If the dealership can’t fix the problem, your rights may kick in under the Lemon Law (or similar statutes). This post walks you through what to expect, when you can demand relief, and how to proceed.
The Basic Premise
When a vehicle is still covered by the manufacturer’s express warranty and has a defect that substantially impairs its use, safety, or value, the manufacturer has a legal duty to make things right. If the authorized repair facility (i.e. dealership or service center) repeatedly fails to fix that defect, you may be entitled to remedies such as a buyback (repurchase) or replacement.
(Adapted from original blog)
What Makes the Vehicle a “Lemon”?
For a car to qualify under Lemon Law principles, the following generally must be true:
Substantial defect: The malfunction must be significant, not merely cosmetic or minor. (e.g. repeated brake failure, transmission faults, major engine problems)
Covered under warranty: The defect must fall within the scope of the manufacturer’s original express warranty.
Reasonable repair attempts: The manufacturer (or its authorized dealers) must have had a fair number of chances to correct the defect.
If all these are met, the law may let you seek “restitution” from the manufacturer, which often means repurchase or replacement plus additional costs.
Types of Warranties & What They Cover
It’s helpful to understand the common warranty types:
Express Warranty: The standard “promise” by the manufacturer to repair or replace covered parts within a time or mileage limit.
Comprehensive (“bumper-to-bumper”) Warranty: Covers most components (with exclusions like wear items) during the warranty period.
Powertrain Warranty: Covers the engine, transmission, driveshaft, axles, etc.
Emissions Warranty: Required by law for certain parts that affect emissions control.
Of these, the express warranty is usually central to a Lemon Law claim, because the defect must be covered there (or have been) when the problem began.
What Happens When the Dealership Fails to Repair?
Here’s how things typically unfold:
Manufacturer must provide repairs: The manufacturer is required to ensure that repairs promised under the warranty are reasonably available within a geographic area. If necessary, the manufacturer can license independent service shops to perform warranty work.
Repair within reasonable time: The repair work must be completed within a “reasonable time” when scheduled.
If repeated repair fails: After a sufficient number of unsuccessful repair attempts, the buyer may demand restitution. This usually means the manufacturer must buy back (repurchase) the vehicle or provide a replacement.
What “restitution” or “buyback” includes:
The full purchase or lease price of the defective vehicle
Costs associated with ownership: sales tax, registration, license, etc.
Out-of-pocket costs: towing, repair expenses, rental car costs due to the defect
Attorney’s fees and legal costs (if your claim succeeds)
What You Should Do If the Car Isn’t Fixed
Document everything
Keep all repair orders, invoices, work orders.
Maintain records of dates/times when the car was brought in, what was attempted, and whether the defect recurred.
Log any communications (letters, emails, calls) with the dealership or manufacturer.
Define what’s “reasonable”
What constitutes a “reasonable number of repair attempts” depends on the defect’s severity.
For safety-critical issues, fewer attempts may be sufficient.
For less dangerous issues, the manufacturer may negotiate more attempts.
Analyze “out-of-service time”
Some laws or interpretations treat a vehicle being unavailable for repair for long stretches (cumulatively) as evidence it’s a lemon.
Consult a Lemon Law attorney
These cases can be legally complex and contentious.
An experienced attorney ensures you follow the right procedural steps (notifying the manufacturer, submitting required documents, etc.).
Why Hire a Lawyer (Often Contingency / No Upfront Fee)?
Many Lemon Law statutes (like California’s) allow prevailing consumers to recover attorney’s fees, so you may not pay out of pocket if you win.
The manufacturer will likely resist your claim. Having legal representation increases your leverage.
A lawyer will ensure deadlines, forms, and statutory notices are handled correctly.
They can negotiate a fair buyback or replacement rather than you accepting a lowball offer.
Contact us!
If your vehicle still has a covered defect after repeated repair attempts—and the dealership can’t fix it—you may have a valid Lemon Law claim. You should:
Gather detailed repair and communication records
Seek clarification on what qualifies as sufficient repair attempts
Reach out to a qualified Lemon Law attorney sooner than later