The Dealer Says the Part Is on Backorder for Months. Is My Car a Lemon?

Published October 19, 2026 · Updated October 19, 2026 · California lemon law

The Short Answer

Signs a Backorder May Support a Claim

• The part is needed to fix a warranty defect, not routine wear or body damage
• The dealer cannot give you a firm date for the part
• The car is at the dealer, or was sent home unrepaired, while you wait
• The defect affects safety, drivability or the value of the car
• You have had earlier warranty visits for the same or other problems
• Nobody has asked you to sign an agreement extending the repair time

Why a Backorder Does Not Pause Your Rights

Parts delays have become a common reason cars sit at dealers for weeks or months. From the owner's side, the reason for the delay matters less than the result: the manufacturer has not repaired a defect covered by its own warranty. California law is written with that result in mind.

Under Civil Code 1793.2(b), warranty repairs must be completed within 30 days unless the buyer agrees in writing to more time. The statute lets delay caused by conditions beyond the manufacturer's control extend that period, and a manufacturer may argue a shortage fits that exception. Whether it does depends on the facts, so do not assume the backorder excuses the delay.

The Tanner Act presumption in Civil Code 1793.22(b) works differently. It looks at total days out of service for repairs within 18 months or 18,000 miles. If those days add up to more than 30, a reasonable number of attempts is presumed. Days spent waiting for a part while your car sits at the dealer are days out of service.

Outside 18 months or 18,000 miles, the presumption no longer applies, but a long backorder still matters. A defect that first showed up under warranty and could not be repaired for months is the kind of fact that supports a claim that the manufacturer had a fair chance and did not fix the car.

Where Your Car Waits Makes a Difference

Dealers handle backorders in two ways. Some keep the car until the part arrives. Others hand the car back, unrepaired, and say they will call when the part comes in. The legal picture is different for each.

If the car stays at the dealer, the days out of service keep adding up, and the record usually shows it clearly through the repair order dates. If the car is sent home, those days may not count as days out of service in the same way, even though the defect is still there. That does not hurt your claim, but it means other parts of the record, such as the number of attempts and how serious the defect is, carry more weight.

If the dealer sends the car home, make sure the repair order says the repair is not complete and that a part is on order. Ask whether the car is safe to drive. If the dealer says it is not safe, ask them to keep it, or ask the manufacturer for a rental or loaner while it waits.

• Car stays at dealer: every waiting day can count as a day out of service
• Car sent home unrepaired: the visit can still count as a repair attempt
• Either way: get the part number and order date written down
• Either way: keep notes of every time the problem happens while you wait

Questions to Ask the Dealer About the Part

Service advisors often know more than they volunteer. Asking specific questions, in writing, creates a record and sometimes speeds things up. Keep the tone polite and factual so the messages read well later.

Ask what part is on order, when it was ordered, and whether the manufacturer has given an expected ship date. Ask whether the part is on a national backorder or only unavailable locally. Ask whether there is another approved repair, such as a different part or a software fix, that could solve the problem sooner. Ask whether other authorized dealers have the part in stock.

Also ask the dealer to note on the repair order whether it asked the manufacturer for technical help. Dealers sometimes open a case with the manufacturer's technical line when a repair is unusual. That fact, if written down, shows the manufacturer was involved and aware of the problem.

Save every answer. If the dealer says the date has moved, write down the new date and who told you. A record of shifting dates is useful evidence that the repair is not being completed within a reasonable time.

Example: Waiting on a Module for Two Months

This is a made-up example to show the process. Lena bought a new pickup in California. At 6,500 miles, the dashboard warned of a charging system fault and the truck went into a reduced power mode on a highway on-ramp. The dealer found a failed control module and ordered a replacement, which was on national backorder.

The dealer kept the truck. Lena asked by email for the part number and an expected date, and the advisor said four to six weeks. At week six the date moved again. Lena called customer care, which opened a case and approved a rental for part of the wait. She kept the rental agreement and receipts for the days that were not covered.

At day 52, the truck was still waiting. Lena contacted a lemon law firm and sent her contract, the open repair order and her emails. The attorney explained that the days out of service were well past 30 within the first 18 months, that loss of power can be a safety concern, and that the firm would send the manufacturer a demand. This example shows steps only, not a result.

Documents to Keep While You Wait

A backorder claim is built almost entirely on dates. The repair order shows when the car arrived, the parts order shows when the part was requested, and your messages show what you were told along the way. Collecting these as you go is far easier than rebuilding the timeline months later.

Ask for a copy of the open repair order at drop-off, even though the repair is not finished. When the car is finally released, ask for the closed repair order showing the date in, the date out and the work done. Compare the two. If the dates do not match what you remember, send a short note to the service manager and keep a copy.

If the manufacturer approves a rental, keep the rental agreement and the final receipt. If it does not, keep receipts for whatever transportation you paid for. Restitution in a qualifying case can include reasonable rental and towing costs, so these papers can matter later.

It is also worth checking your VIN on the NHTSA recall site. A recall is a manufacturer safety repair program, which is different from a lemon law claim, but recall repairs can count as repair attempts, and a part on backorder is sometimes tied to an open recall.

• The open repair order from the day you dropped off the car
• The closed repair order with date in, date out and work done
• Texts and emails about the part and each expected date
• Your customer care case number and notes from each call
• Rental agreements and transportation receipts

What Not to Do While the Part Is on Order

A long wait can push owners toward quick fixes that create new problems. The most common is buying the part from another source and having an independent shop install it. That may get the car running, but repairs at an independent shop do not count as repair attempts under the lemon law, and the manufacturer may argue the outside work caused later problems.

Another mistake is signing a form that lets the dealer keep the car longer or that agrees to an extended repair time in exchange for a loaner. That form may count as your written agreement under Civil Code 1793.2(b). Read anything you are asked to sign, ask for a copy, and get advice if you are unsure.

Finally, keep paying your loan or lease. It is unfair to pay for a car sitting on a dealer lot, but missed payments can lead to late fees, credit damage and repossession. They can also complicate a buyback, where the manufacturer pays off the loan or lease.

• Buying the part yourself and paying an outside shop to install it
• Signing an open-ended repair extension
• Stopping loan or lease payments
• Selling or trading the car in out of frustration before getting advice

How a Lemon Law Claim Works When Parts Are Delayed

If your car qualifies, the manufacturer must replace it or buy it back under Civil Code 1793.2(d)(2), and you choose whether you want restitution instead of a replacement. A buyback generally refunds what you paid or owe, including collateral charges like sales tax and registration, plus incidental damages such as rental costs, minus a mileage offset based on the miles driven before you first reported the problem.

For manufacturers that opted in to the 2025 changes, Code of Civil Procedure 871.20 and the sections after it add pre-lawsuit written notice, early document exchange and mediation steps for many claims. Your attorney will handle those steps if they apply. A buyer who wins recovers attorney fees and costs from the manufacturer under Civil Code 1794(d).

A backorder can also end in the part arriving and the repair working. That is a good outcome for many owners. If the problem comes back after the new part is installed, though, that return visit adds to the record. Keep every repair order either way.

Every case is different. No one can tell you how long a claim will take or what a manufacturer will offer, but a free case review can tell you whether your wait has already crossed an important line.

What to Do Next

1. Ask the dealer to write the backorder, the part needed and the date ordered on the repair order.
2. Ask in writing whether the car is safe to drive while the part is on order.
3. Call the manufacturer's customer care line, report the delay and write down the case number.
4. Track every day the car is at the dealer, and keep a log of problems if it is home unrepaired.
5. Do not sign anything that extends the repair time without getting advice.
6. Call 877-536-6620 for a free case review once the wait passes a few weeks or sooner if safety is involved.

Key Facts (as of October 2026)

• Warranty repairs must be completed within 30 days unless the buyer agrees otherwise (Civil Code 1793.2(b)).
• Within 18 months or 18,000 miles, more than 30 total days out of service for repairs creates a presumption of a reasonable number of attempts (Civil Code 1793.22(b)).
• Repairs at an independent shop, or done yourself, do not count as repair attempts.

Talk to a Lemon Law Attorney Today

You speak directly with an attorney. Our attorneys, listed in firm order: #1 Jacob Shayesteh (founding attorney), #2 Armig Khodanian and #3 Kamau Edwards, will look at your repair history and tell you honestly whether you have a case. The review is free. You pay $0 out of pocket: the manufacturer pays the attorney fees when you win, and if we lose, you owe us nothing.

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Brenda E. · 2024 Jeep Wrangler · 5-star Google review

Read all 78 reviews on Google (5.0 stars, October 2026). Reviews describe past clients' experiences; every case is different.

FAQ

Does the manufacturer get extra time because of a parts shortage?

The 30-day repair rule allows extra time for delays truly beyond the manufacturer's control, and whether a shortage qualifies depends on the facts. Days out of service still count toward the separate 30-day presumption.

The dealer sent my car home to wait for the part. Does that visit count?

It can count as a repair attempt as long as the repair order shows you reported the problem and the repair was not completed. Make sure it says a part is on order.

Can I ask a different dealer to do the repair?

Yes. Any dealer authorized by the manufacturer can do warranty work, and checking whether another dealer has the part is a reasonable step.

What if the part finally arrives and the repair works?

Keep the repair order. If the problem returns later, the earlier wait and this visit are still part of your history.

Sources and Official References

• California Civil Code section 1793.2 (California Legislature)
• California Civil Code section 1793.22 (California Legislature)
• California Code of Civil Procedure section 871.20 (California Legislature)
• NHTSA recall lookup

Laws change. This page reflects California law as of October 2026 and was reviewed by Jacob Shayesteh, Esq.

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• The Dealer Wants Me to Trade In My Problem Car. Should I?
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Attorney advertising. Wynn Law Group, APC, 10850 Wilshire Blvd, Suite 1010, Los Angeles, CA 90024. General information, not legal advice. Results vary. Prior results do not guarantee a similar outcome.