My New Car Has Been at the Dealer for a Month. What Can I Do?

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

The Short Answer

Signs a Month at the Dealer May Qualify

• The car is in for a warranty problem, not body damage or maintenance
• The days add up to more than 30, counting every visit
• The car is within 18 months or 18,000 miles, or the defect began under warranty
• The dealer is waiting on parts, engineering help, or the manufacturer
• You have not signed anything agreeing to a longer repair time
• The problem affects safety, use or value of the car

The 30-Day Repair Rule in California

California law gives dealers and manufacturers a deadline. Under Civil Code 1793.2(b), warranty repairs must be completed within 30 days unless the buyer agrees in writing to a longer time, with limited exceptions for delays outside the manufacturer's control. If the dealer cannot do that, the manufacturer has not met its duty.

This rule is about how long the car sits at the dealer for repair. It is separate from the Tanner Act presumption, which looks at total days out of service across all visits. A single long visit can matter under both rules.

Waiting for parts is one of the most common reasons a car sits for weeks. A parts shortage does not pause your rights. If the dealer or manufacturer asks you to sign something that extends the repair time, ask for a copy and get advice before you sign.

Keep in mind that the rule protects you whether the delay comes from the dealer being busy, a technician waiting for guidance from the manufacturer, or a part that is not in stock. What matters is how long the car is out of your hands for a warranty repair. Ask the dealer to put the reason for any delay on the repair order so there is a written record.

How Days Out of Service Are Counted

The Tanner Act presumption in Civil Code 1793.22(b) says a reasonable number of attempts is presumed if, within 18 months or 18,000 miles, the car was out of service for repairs by the manufacturer or its dealers for more than 30 days total. The days do not have to be in a row, and they do not all have to be for the same problem.

Count from the day you dropped the car off to the day the dealer told you it was ready. A dealer's repair order usually shows a date in and a date out. If the car sat on the lot for a week because the dealer forgot to call you, note the date you were actually told it was ready.

If you are outside 18 months or 18,000 miles, a long stay at the dealer still matters. The presumption is a shortcut, not the only path. A month in the shop for a defect that first showed up under warranty can support a claim that the manufacturer had a reasonable chance to fix the car.

• Add every visit for any warranty defect, not only the current one
• Use calendar days, not business days
• Keep the dealer's texts or emails saying the car was ready
• Do not count days for accident repair or routine maintenance

Example: A New SUV Waiting on a Part

This is a made-up example. Priya bought a new SUV and, after two months, the infotainment screen and backup camera went black while she was reversing. The dealer kept the SUV, ordered a replacement module, and told her the part was on national back order.

After three weeks, Priya asked by text for a completion date. The advisor said they had no date. At day 34, the service manager offered a form that would let the dealer keep the car longer and give her a loaner. Priya did not sign it right away. She called a lemon law firm, sent the repair order and text messages, and asked what the form meant.

The attorney explained that the car had been out of service more than 30 days within the first 18 months, that a backup camera failure is a safety concern, and that the firm would send the manufacturer a demand. Priya kept the loaner, kept paying her loan, and let the firm handle communication. This example shows the process only.

Notice what Priya did well. She asked questions in writing, she kept every message, and she did not sign anything she did not understand. None of that required a lawyer, and all of it made the claim easier to evaluate.

Loaners, Rentals and Out-of-Pocket Costs

Many manufacturers offer a loaner or rental while a car is in for warranty repair, but the rules vary. Ask the dealer in writing what is available. If you pay for rides, rentals, or towing, keep every receipt.

Restitution in a buyback can include incidental damages, such as reasonable towing and rental car costs, along with what you paid for the car and collateral charges like sales tax and registration (Civil Code 1793.2(d)(2)(B)). Keeping receipts now makes those costs easier to include later.

Do not stop your loan or lease payments because the car is not in your driveway. Falling behind can damage your credit, risk repossession, and make a buyback messier. Keep your insurance active too, since the car is still yours.

If the dealer will not provide a loaner, ask whether the manufacturer has a rental reimbursement program for warranty repairs. Some brands have roadside assistance or customer care lines that can approve rentals. Write down the name of anyone who approves or denies a rental and the date of the call.

If a rental is approved, ask how long it will last and whether you will be charged for fuel, mileage or insurance. Get those terms in writing so there are no surprise bills when the car is finally ready.

What to Say and What to Avoid

While the car sits, you will probably talk to the service advisor several times. Keep it short, polite and in writing when you can. A text or email creates a record of the date and what was said.

Some things can hurt your claim without you noticing. Avoid taking the car to another shop to speed things up unless an attorney has reviewed it, because independent shop repairs do not count as repair attempts. Avoid signing a release or a goodwill agreement without reading it.

It is normal to feel angry after weeks without your car. Staying calm in writing helps. A polite message that lists dates and facts is far more useful later than a heated phone call nobody wrote down.

• Ask: what is the car waiting on, and when will it be done?
• Ask: will this repair be covered by the warranty?
• Ask for the repair order when you pick the car up, every time
• Avoid: agreeing out loud or in writing to an open-ended extension
• Avoid: accepting a cash offer or goodwill credit before getting advice

If the Car Is Still There After 30 Days

Some cars sit at the dealer for six weeks, two months, or longer. If yours is past 30 days and there is still no completion date, you are in a position many lemon law clients recognize. The manufacturer has not met the deadline in Civil Code 1793.2(b), and the days out of service keep adding up.

You have a few choices. You can leave the car at the dealer while the repair continues, which keeps the days counting and keeps the problem in the dealer's hands. You can pick it up unrepaired if the dealer will release it and it is safe to drive, but ask the dealer to write on the repair order that the car is being returned unrepaired and why. Or you can ask the manufacturer's customer care line to open a case, which creates a record that you notified the manufacturer directly.

Do not make the choice alone if the defect affects safety. A car with a brake, steering, airbag or stalling problem should not go back on the road until a technician says it is safe. An attorney can help you decide which option protects both you and your claim.

• Ask the dealer for a written status update every week
• Call the manufacturer's customer care line and write down the case number
• Keep copies of every text, email and voicemail
• Note any days you missed work or paid for transportation

What Happens After You Contact a Lemon Law Firm

An attorney will usually start by reading your repair orders and purchase or lease contract. If the days out of service and the defect support a claim, the firm contacts the manufacturer with a written demand for a buyback or replacement under Civil Code 1793.2(d)(2).

For manufacturers that opted in to the 2025 changes under AB 1755, Code of Civil Procedure 871.20 and the sections after it add a pre-lawsuit written notice, early document exchange and mediation steps. Your attorney will follow those steps when they apply.

You do not pay up front. If you win, Civil Code 1794(d) makes the manufacturer pay your attorney fees. If our firm loses your case, you owe us nothing. Every case is different, and timing depends on the manufacturer and the facts, so no one can promise how long it will take.

Your attorney may ask you to keep the car once it is repaired and drive it normally while the claim moves forward. If the defect returns, go back to the dealer and let your attorney know. Each new visit adds to the record.

If you are not sure whether your days add up, send what you have. An attorney can count the days from the repair orders and tell you whether you have crossed the line.

What to Do Right Now

1. Ask the service advisor by email or text for the reason for the delay and an expected completion date.
2. Write down the drop-off date for this visit and any earlier visits for the same or other warranty problems.
3. Ask whether a loaner or rental is available, and keep receipts for any rides or rentals you pay for.
4. Do not sign a form agreeing to extra repair time until you understand what it means.
5. Keep paying the loan or lease and keep the car insured while it sits at the dealer.
6. Call 877-536-6620 for a free case review once you pass 30 days or sooner if the defect is a safety issue.

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)).
• Keep making loan or lease payments during a claim; missed payments can hurt your credit and lead to repossession.

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.

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

Does the 30 days have to be one visit?

No. For the Tanner Act presumption, days out of service add up across all warranty repair visits within 18 months or 18,000 miles.

Can the dealer keep my car as long as it wants?

No. Warranty repairs must be completed within 30 days unless you agree otherwise in writing, with limited exceptions.

Do I count weekends and holidays?

Count calendar days from drop-off until you were told the car was ready. Your attorney will check the exact count against the repair orders.

Should I take my car back before it is fixed?

Talk to an attorney first. Picking it up unrepaired is sometimes the right move, but it depends on safety and the facts.

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)
• California Civil Code section 1794 (California Legislature)

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

Related Guides

• What is the 30-day rule under California lemon law?
• How long can a dealer keep my car for repairs?
• Can I get a rental car during warranty repairs?
• The Dealer Can't Fix My Car. What Are My Options?
• The Dealer Said It Was Fixed, but the Problem Came Back. Now What?
• My Car Was in the Shop Before I Even Made My First Payment. Is That a Lemon?
• My Used Car From the Dealer Keeps Breaking Down. Do I Have Any Rights?
• My Certified Pre-Owned Car Keeps Having Problems. What Can I Do?
• The Dealer Says "No Problem Found." Do I Still Have a Lemon Law Case?
• See all lemon law questions

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.