Counter-arguments when manufacturers deny your California lemon law claim
Car manufacturers and their attorneys use standard defenses to deny lemon law claims. Understanding these defenses and knowing how to counter them can help you get the buyback or replacement you deserve. California's Song-Beverly Act provides strong consumer protections.
The manufacturer claims you haven't given them enough chances to repair the vehicle.
"I have presented the vehicle for repair [X] times for this defect. Each visit where the problem was reported counts as a repair attempt, regardless of whether the dealer 'found' the problem. The defect persists. Under a reasonable number of attempts standard, you have failed to repair my vehicle."
The manufacturer claims the dealer couldn't reproduce the defect, so there's nothing to fix.
"The inability of your technicians to duplicate an intermittent problem does not negate its existence. I have documented [dates/circumstances] when this occurs. An intermittent safety defect is still a defect that substantially impairs safety. I am prepared to provide video evidence/witness testimony."
The manufacturer claims you caused the problem through abuse, neglect, or unauthorized modifications.
"I have used this vehicle in accordance with the owner's manual for normal, intended purposes. You have provided no evidence of abuse or misuse - only speculation. Under Civil Code § 1794.3, you bear the burden of proving any affirmative defense. Please provide specific evidence of how my use caused this defect."
The manufacturer claims the warranty period has ended, so they have no further obligation.
"The defect first manifested and was reported on [date], well within the warranty period. My repair orders from [dates] document warranty repairs for this issue. The manufacturer's failure to repair during the warranty period does not extinguish my statutory rights."
The manufacturer claims the problem is minor and doesn't substantially impair the vehicle's use, value, or safety.
"This defect substantially impairs my vehicle's [use/value/safety]. I cannot rely on this vehicle for [commuting/family transportation/work] because [explain impact]. Any defect affecting [brakes/steering/engine/safety system] is inherently substantial. A reasonable consumer would consider this a serious problem."
The manufacturer claims the lemon law only applies to new vehicles.
"My vehicle was sold with [manufacturer CPO warranty/dealer warranty] as documented in my purchase agreement. Under Civil Code § 1795.5, used motor vehicles sold with an express warranty are covered by the Song-Beverly Act. The warranty terms are attached."
The manufacturer insists you must use their internal arbitration program (like NCDS, BBB Auto Line) before suing.
"Participation in your arbitration program is optional under Civil Code § 1793.22(d). I am not required to exhaust this remedy before pursuing my statutory rights. I decline arbitration and will pursue my claim directly."
Some purchase contracts have binding arbitration clauses separate from manufacturer programs. Review your paperwork or consult an attorney.
The manufacturer agrees to a buyback but calculates an excessive mileage offset, drastically reducing your refund.
"The mileage offset must be calculated per Civil Code § 1793.2(d)(2)(C). My first repair attempt was at [X] miles. The correct offset is: [X] ÷ 120,000 × purchase price = $[amount]. Your calculation of $[their amount] is incorrect/excessive."
After multiple failures, the manufacturer claims they've finally repaired the defect and no buyback is required.
"My lemon law rights accrued when you failed to repair the defect after [X] attempts. A repair now, after I've demanded a buyback, does not cure your prior violation. The vehicle's value remains diminished due to its repair history, and I have reasonably lost confidence in its reliability."
The manufacturer offers a cash settlement, extended warranty, or partial buyback far below what you're entitled to.
"Your offer of $[amount] is inadequate. Under Civil Code § 1793.2(d), I am entitled to a full refund of $[purchase price] plus [collateral charges, incidentals], minus only the statutory mileage offset of $[amount]. Your offer represents approximately [X%] of my legal entitlement. I decline and will pursue my full statutory rights."
Most lemon law attorneys work on contingency. Since manufacturers pay attorney fees when you win, there's often no cost to you. Get professional advice before accepting any offer.
Generate a professional demand letter, CA court complaint, or arbitration demand