What Is a “Nonconformity” Under California Lemon Law?
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Under California lemon law, a “nonconformity” is a defect covered by the warranty that substantially impairs the use, value or safety of the vehicle to the buyer or lessee (Civil Code section 1793.22(e)(1)). It does not have to make the car undrivable. A problem qualifies if it seriously affects how you can use the car, what it is worth or how safe it is. Stalling, transmission failures, brake and steering problems, electrical faults and repeated warning lights often qualify. Purely cosmetic or very minor issues usually do not, though it depends on the facts.
The legal definition, in plain English
The Song-Beverly Consumer Warranty Act requires a manufacturer to replace or repurchase a new vehicle if it cannot conform the vehicle to its warranty after a reasonable number of attempts (Civil Code section 1793.2(d)(2)). The presumption section of the law, Civil Code section 1793.22, defines “nonconformity” as a nonconformity that “substantially impairs the use, value, or safety” of the new motor vehicle to the buyer or lessee. Each of those three words works on its own. A defect only needs to substantially impair one of them.
Use
Can you rely on the car to do what a car is supposed to do? A vehicle that will not start, stalls, goes into limp mode, will not charge, or spends weeks at the dealer is impaired in its use. So is a car you avoid driving on the freeway because you do not trust it.
Value
Would a reasonable buyer pay less for the car because of the defect or its repair history? A car with a recurring transmission or engine problem, a persistent water leak, or a long string of repair orders for the same issue can lose value even when it is running.
Safety
Does the defect create a risk of a crash, fire or injury? Brake, steering, airbag, seat belt, lighting, visibility, sudden loss of power, high-voltage battery and driver-assistance problems often fall here. The law treats safety defects more seriously: if a defect likely to cause death or serious injury has been subject to repair two or more times within 18 months or 18,000 miles, a presumption can arise (Civil Code section 1793.22(b)(1)).
How “substantial” is judged
There is no list of qualifying defects in the statute. Whether a defect is substantial is decided on the facts. The California civil jury instruction on “substantially impaired” (CACI 3204) asks whether a reasonable person would believe the defect substantially impaired the vehicle’s use, value or safety. It lists factors a jury may consider, including:
- The nature of the defect
- The cost and length of time required for repair
- Whether past repair attempts were successful
- How much the vehicle could be used while waiting for repair
- The availability and cost of comparable transportation during repairs
You also do not need to know what is causing the problem. The jury instructions, citing Oregel v. American Isuzu Motors, note that the owner does not have to prove the cause of the defect, only that the vehicle did not conform to its warranty.
Examples
Problems that often qualify
- Engine stalling, misfires or loss of power
- Transmission slipping, jerking, hesitation or harsh shifts
- Brake, steering or suspension defects
- Electrical failures: dead batteries, battery drain, starting problems
- EV high-voltage battery, charging or range failures. See electric vehicle lemon law
- Airbag or seat belt warnings, or driver-assistance failures
- Repeated check engine or warning lights tied to a real fault
- Water leaks into the cabin, mold or wiring damage
- Backup camera failures, which affect visibility and safety
- Defects that a manufacturer has recalled. Check yours with our VIN recall check
Problems that may qualify, depending on the facts
- Infotainment and screen freezes, especially when they disable the camera, climate controls or navigation
- Persistent rattles, wind noise or vibrations that keep coming back after repair
- Paint or trim defects that are extensive or spreading
- Software glitches that repeat after updates. See does a software update count as a repair attempt
Problems that usually do not qualify
- Damage from an accident, misuse or lack of maintenance. See car in an accident and lemon law
- Problems caused by aftermarket parts or modifications
- Normal wear items, such as tires, wiper blades and brake pads, unless a defect caused early failure
- A single minor issue fixed on the first visit
Nonconformity vs. warranty coverage
A nonconformity is tied to the warranty. The defect has to be something the manufacturer’s express warranty covers, and it usually has to show up while that warranty is in effect. Reporting a defect during the warranty period, and giving the manufacturer a chance to fix it, is what builds the claim. That is why it matters to bring the car in while it is still covered, and to keep the repair orders that show when you first complained. If you are close to the end of your bumper-to-bumper or powertrain coverage, schedule a visit for every symptom you have noticed before it expires.
When the dealer says it is “normal”
A manufacturer may argue that what you are experiencing is not a defect at all, but a characteristic of the vehicle. A design can still be a nonconformity if it substantially impairs use, value or safety. Service bulletins, recalls and other owners’ complaints can help show the behavior is not normal. Read dealer says “operating as designed”.
How to prove a nonconformity
- Repair orders. Each one should list your complaint in specific words. California law requires the dealer to give you a copy for warranty work (Civil Code section 1793.1(a)).
- Video and photos. Have a passenger capture warning lights, noises and failures.
- A symptom log. Dates, mileage, conditions and what happened.
- See the 30-day rule.
- Effect on your life. Note missed work, trips you avoided, rentals you paid for and whether you feel safe driving the car with your family.
What happens if your car has a nonconformity
If the manufacturer cannot fix the nonconformity after a reasonable number of attempts, you can receive a replacement or restitution, including the price paid, collateral charges such as sales tax and registration, and incidental damages, minus a mileage offset (Civil Code section 1793.2(d)(2)). Estimate your numbers with the California lemon law calculator, and read what is a lemon law buyback. If you are not sure whether your problem is serious enough, use our step-by-step checklist and get a free review.
Local help
We are based in Westwood and represent owners across California. In Southern California, a Los Angeles lemon law attorney can review your repair orders and tell you whether your problem is likely a nonconformity.
Talk to a California lemon law attorney
If your vehicle is still under warranty and the problem keeps coming back, call 877-536-6620 for a free case review with a California lemon law attorney. You pay nothing, win or lose. We are paid only if you win, and the manufacturer pays our fees, including in settlements. If a case is lost, our firm covers the costs. We handle cases in English and Spanish.
Frequently Asked Questions
What is a nonconformity under California lemon law?
It is a warranty defect that substantially impairs the use, value or safety of the vehicle to the buyer or lessee, as defined in Civil Code section 1793.22(e)(1).
Does a defect have to make the car undrivable?
No. A defect qualifies if it substantially impairs use, value or safety. A car that still runs can have a nonconformity.
Who decides whether a defect is substantial?
It is decided on the facts. The jury instruction asks whether a reasonable person would believe the defect substantially impaired use, value or safety.
Do I have to prove what caused the defect?
No. California authority holds that the owner only needs to show the vehicle did not conform to its warranty, not the specific cause.
Can infotainment or rattles count as a nonconformity?
Sometimes. Screen failures that disable the backup camera or controls, or noises that keep returning after repair, can qualify depending on the facts.
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