Dealer vs Manufacturer: Who Is Responsible for a Lemon?

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

Who is responsible for my lemon car under California law, the dealer or the manufacturer?

Side-by-Side Comparison

The Manufacturer's Duties Under California's Lemon Law

Under California's lemon law, the main duties fall on the manufacturer. The manufacturer issues the new car warranty, and Civil Code 1793.2(d)(2) says that if the manufacturer or its dealers cannot fix a warranty defect that substantially impairs use, value or safety after a reasonable number of attempts, the manufacturer must replace or repurchase the vehicle.

The buyer chooses between those remedies. You are free to pick restitution, a buyback, instead of a replacement. The manufacturer cannot force a replacement on you.

The manufacturer is also responsible for how long repairs take. Under Civil Code 1793.2(b), a warranty repair has to be finished within 30 days unless you agree to more time. Long delays at the dealer can become part of the manufacturer's problem.

If the manufacturer willfully fails to meet its duties, a court can add a civil penalty of up to two times actual damages under Civil Code 1794(c). And when the buyer wins, the manufacturer pays attorney fees, costs and expenses under Civil Code 1794(d).

This is why a lemon law demand is usually sent to the manufacturer, not the dealer. The dealer may have done the repairs, but the manufacturer owes the buyback.

The manufacturer also has duties after a buyback. Civil Code 1793.23 and following require the manufacturer to brand a repurchased car's title Lemon Law Buyback and to tell the next buyer about the defect.

The Dealer's Role as the Repair Facility

Authorized dealers are the manufacturer's repair facilities for warranty work. When you bring your car in under warranty, the dealer diagnoses the problem, performs the repair and is usually paid by the manufacturer for that work.

Because the dealer acts for the manufacturer during warranty repairs, failed dealer repairs count against the manufacturer. The law refers to the manufacturer or its dealers being unable to fix the defect.

The dealer also creates the most important records in your case. Each repair order shows the date, mileage, your complaint and what the technician did. You do not have to prove the exact technical cause of the defect, and visits where the dealer could not find or fix the problem can still count under Oregel v. American Isuzu Motors (2001).

Dealers are often caught in the middle. A service advisor may be sympathetic but limited by what the manufacturer allows. That is one reason it helps to contact the manufacturer directly in addition to the dealer.

Be polite but clear at every visit. Describe every symptom, ask for a copy of the repair order and check that it says what you reported.

If one dealer cannot fix the problem, you may take the car to another authorized dealer of the same brand. Repairs at any authorized dealer generally count toward your repair history, so keep the repair orders from every location.

When a Dealer Can Be Responsible Too

The dealer does not owe the lemon law buyback, but a dealer can be responsible in other ways. The answer depends on what the dealer did.

First, a dealer that sells a car can carry an implied warranty. On new goods, the implied warranty of merchantability under Civil Code 1791.1 lasts at least 60 days and no more than one year. A used car sold by a dealer with an express warranty carries an implied warranty of at least 30 days and up to 3 months under Civil Code 1795.5.

Second, a dealer may give its own written warranty, especially on used cars. If it breaks that promise, the dealer may be responsible under that warranty and under federal law.

Third, a dealer can be responsible for its own sales conduct. If it misled you about the car's history or condition, fraud claims or a claim under the Consumers Legal Remedies Act, Civil Code 1750 and following, may apply. A CLRA damages claim usually requires a 30-day written notice under Civil Code 1782.

• The implied warranty that comes with the sale
• The dealer's own written warranty
• Misleading statements or hidden facts at the sale
• A repair that caused new damage

Arbitration Clauses in the Dealer's Sales Contract

Many dealer sales contracts include an arbitration clause. For years, manufacturers tried to use those dealer clauses to force lemon law buyers out of court and into private arbitration.

In Ford Motor Warranty Cases (2025), the California Supreme Court held that manufacturers generally cannot force buyers into arbitration using the arbitration clause in the dealer's sales contract. The manufacturer was not a party to that contract, so it generally cannot rely on it.

This decision matters for who is responsible and where the case is heard. Your lemon law claim against the manufacturer generally does not have to go to arbitration just because the dealer's contract has a clause.

Claims against the dealer itself can be different, since the dealer did sign the contract. If your case involves both the manufacturer and the dealer, your attorney will review the contract to see how the clause might affect each claim.

Separately, manufacturer dispute programs like BBB AUTO LINE are voluntary for Song-Beverly claims. They are free, and the decision binds the manufacturer if you accept it, but not you.

Ask for a full copy of your sales contract, including every page and any separate arbitration form. Your attorney will need the exact wording to review it.

Example: Dealer Repairs That Never Hold

This is a hypothetical example. Nadia buys a new minivan. The sliding door stops latching, and the dealer works on it four times in six months. The service manager apologizes each time and says the manufacturer will not approve a different repair.

Nadia is frustrated with the dealer, but her attorney explains that the lemon law claim is against the manufacturer. The four failed repairs within 18 months and 18,000 miles may support the four-repair test in Civil Code 1793.22(b), if her owner's manual's notice rules were met.

The attorney also asks about the sale. Nadia says the salesperson told her the door issue had been fixed on that model year. The attorney notes that statement in case it raises a separate question about the dealer's sales conduct.

In this example, the manufacturer and the dealer have different roles. The repair failures point to the manufacturer. The sales statement is a separate issue reviewed on its own facts. This example does not predict any outcome.

Nadia keeps all four repair orders and writes down the salesperson's statement with the date. She also calls the manufacturer's customer care line and keeps the case number, creating a direct record of notice.

Who to Contact and When

Tell the dealer about every symptom at every visit. That creates the repair orders your claim depends on. Ask for a copy each time, even when no work was done.

Contact the manufacturer directly too. Your owner's manual or warranty booklet usually lists a customer care number or address. For the two-repair and four-repair presumption tests, direct notice is required if the manual clearly requires it.

Keep a record of every contact. Write down the date, the person you spoke with, any case number and what they said. If you write an email or letter, keep a copy.

Do not sign anything from the dealer or the manufacturer without advice. Offers of goodwill repairs, trade assists or cash may come with a release of your rights. A lemon law attorney can review the offer for free.

Stay calm even when visits are frustrating. Arguments at the service desk rarely help, and clear, polite notes on the repair order help much more. If a service advisor refuses to write down your complaint, write it yourself in an email to the dealer and keep a copy.

If the manufacturer asks to inspect the car or offers a final repair attempt, talk to your attorney before you respond. These requests can be part of the process, and your attorney can help you handle them.

Costs and Next Steps

You do not need to pay up front to hold the right party responsible. In a California lemon law case, Civil Code 1794(d) makes the manufacturer pay attorney fees, costs and expenses when you win, so you pay $0 out of pocket.

Keep making your loan or lease payments while your claim is open. Missed payments can hurt your credit and lead to repossession, even if the car is a lemon.

Watch the deadlines. Warranty claims generally have a four-year statute of limitations under Commercial Code 2725, and for manufacturers that opted in, AB 1755 added pre-lawsuit steps with their own deadlines.

If you are not sure whether the dealer, the manufacturer or both are responsible, that is normal. Sorting out the parties is part of what an attorney does at the first review. Bring every document you have, and let the attorney decide which ones matter.

Avoid trading in or selling the car before you get advice. The car can be important evidence for claims against either party.

• Gather every repair order from the dealer
• Note every contact with the manufacturer
• Keep your sales contract and any dealer warranty
• Call 877-536-6620 for a free case review

When Manufacturer Is the Better Choice

• The car still has the same warranty defect after repeat repairs
• You want a buyback or replacement
• Dealer repairs failed even though the dealer tried its best

When Dealer Is the Better Choice

• The dealer lied about the car's history or condition
• The dealer gave its own written warranty and broke it
• Your used car does not qualify under the lemon law's vehicle section
• A bad repair by the dealer caused new damage

Key Facts (as of October 2026)

• If the manufacturer or its dealers cannot fix a warranty defect after a reasonable number of attempts, the manufacturer must replace or repurchase the vehicle (Civil Code 1793.2(d)(2)).
• In Ford Motor Warranty Cases (2025), the California Supreme Court held that manufacturers generally cannot force buyers into arbitration using the arbitration clause in the dealer's sales contract.
• Repair visits at the manufacturer's dealers are what count toward your repair history, so keep every repair order.

Talk It Through With a Lemon Law Attorney

Every case is different. 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 which option fits. 5.0 stars on Google from 77 reviews (October 2026). You pay $0, win or lose.

What Our Clients Say on Google

“He's extremely knowledgeable when it comes to dealing with service centers and dealerships and making sure they write down the things that are needed for the case.”

Yaira B. · Two Teslas · 5-star Google review

“He explained my rights under California's lemon law, took over all communication with Hyundai, and got my case resolved fast.”

Gil C. · 2024 Hyundai Palisade · 5-star Google review

“Jacob Shayesteh picked up the phone himself, which already blew me away. He knew exactly what was going on with my situation, explained the entire California lemon law process in plain English, and handled absolutely everything on my end.”

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

Should I complain to the dealer or the manufacturer?

Both. Report the problem to the dealer at every visit, and contact the manufacturer directly, especially if your owner's manual requires it.

Can I sue the dealer for a lemon law buyback?

The buyback duty falls on the manufacturer. Claims against the dealer depend on what the dealer did.

Does it matter which dealer I use for repairs?

Use the brand's authorized dealers for warranty repairs so each visit is documented under the warranty.

Sources and Official References

• California Civil Code section 1793.2 (California Legislature)
• California Civil Code section 1794 (California Legislature)
• California Civil Code section 1791.1 (California Legislature)
• BBB AUTO LINE

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

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• Lemon Law Deadline vs Warranty Expiration
• As-Is Used Car Sale vs a Sale With a Warranty
• Individual Lemon Law Claim vs Class Action
• Song-Beverly Act vs Magnuson-Moss Warranty Act
• See all lemon law comparisons

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.