My New Car Makes a Noise the Dealer Can't Fix. Can That Be a Lemon?

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

The Short Answer

Signs Your Noise Problem May Qualify

• The noise is new, persistent and not something the car did when you bought it
• You have taken the car to an authorized dealer for it at least twice
• The dealer replaced or adjusted parts, and the noise came back
• The noise comes from the brakes, steering, suspension, engine or drivetrain
• It gets louder over time, or comes with a vibration, pull or warning light
• The car is under the new car warranty, or the noise started while it was

When a Noise Is More Than a Noise

Car owners are often told to live with a sound. Some sounds are normal: a fuel pump hum at startup, a click from a cooling fan, light brake squeal on a damp morning. But a new car that clunks, grinds, knocks, rattles, whines or squeaks every day is telling you something. Often it is a part that is loose, worn early or failing.

Noises can also be early warnings. A clunk over bumps may mean a loose suspension or steering part. A grinding sound may mean brake hardware is wearing wrong. A whine that rises with speed may come from a wheel bearing or differential. A knock from the engine can come before a serious failure. When a noise points to one of these systems, it can affect safety, not only comfort.

Even a harmless noise can matter. A buyer of a new car pays for a quiet, solid vehicle. A persistent rattle or creak lowers what the car is worth and makes it unpleasant to drive, which goes to use and value.

Electric and hybrid cars deserve special mention. Because there is little engine sound to cover them up, small noises stand out. Owners of EVs often report wind noise, creaks from the body, hums from the drive unit and clicks from cooling pumps. Some of these are normal for the design. Others are defects, and the only way to sort them out is to report them and see whether the dealer can fix them.

What California's Lemon Law Requires

The Song-Beverly Consumer Warranty Act (Civil Code 1790 and following) covers a warranty defect in a new or leased vehicle that substantially impairs its use, value or safety, when the manufacturer or its dealers cannot fix it after a reasonable number of attempts. If that standard is met, the manufacturer must replace or repurchase the car, and the buyer may choose the buyback (Civil Code 1793.2(d)(2)).

The Tanner Act presumption in Civil Code 1793.22(b) helps measure what is reasonable. Within 18 months or 18,000 miles, whichever comes first, a reasonable number of attempts is presumed if the same defect was repaired four or more times, or the car was out of service more than 30 total days. If the defect is likely to cause death or serious bodily injury, two repair attempts can be enough. For the two-repair and four-repair paths, check whether the owner's manual clearly requires you to notify the manufacturer directly, because if it does, you must.

Keep in mind the presumption is just one path. Cases can still succeed outside 18 months or 18,000 miles if the defect first showed up while the warranty was in force.

A noise case often turns on whether the noise is really the same problem each time. If the dealer replaces one part and a similar sound returns from the same area, that is usually treated as the same complaint returning. Using the same words on every visit makes that easy to see, so pick a clear description early and stick with it.

If more than one noise develops, list each one separately on the order, with its own location and trigger. That keeps one problem from hiding another.

When the Dealer Cannot Hear It or Says It Is Normal

Noise complaints are among the most likely to end with 'could not duplicate' or 'operating as designed.' The noise may only happen on cold mornings, on a certain rough road, or after an hour of driving. A short test drive around the block may miss it entirely.

That does not erase your visit. In Oregel v. American Isuzu Motors (2001), a California court held that the buyer does not need to prove the exact technical cause, and that visits where the dealer could not find or fix the problem can still count. The key is that you brought the car in for the noise and gave the manufacturer a chance.

If the dealer says the noise is normal, ask whether they compared your car to another one of the same model, and ask them to write that on the order. Ask whether a technical service bulletin covers the sound. A TSB is a repair instruction to dealers for a known issue, not a safety recall, and it can show the manufacturer knows other owners hear the same thing.

How to Describe a Noise So It Gets Written Down

Advisors write down what you tell them, so give them a description they can use. Words like 'weird sound' do not help a technician find anything, and they do not help your case later.

• Type of sound: clunk, knock, grind, squeal, whine, hum, rattle, creak or click.
• Location: front or rear, left or right, dash, roof, door or under the car.
• Trigger: bumps, braking, turning, accelerating, a certain speed, cold start or reverse.
• How often: every drive, once a day, only after rain, only on the freeway.
• Changes: louder over time, new vibration, steering pull or a warning light.
• Evidence: tell the advisor you have a recording and ask that the order note it.

Repairs That Count and Repairs That Do Not

Every authorized dealer visit for the noise can count, whether the technician replaced a part, tightened something, added insulation, lubricated a joint, or found nothing. Software can be involved too. Some drivetrain and electric motor noises are addressed by updates. We take the position that software updates, whether done at the dealer or over the air, can count as repair attempts when they were meant to fix the reported issue.

Work outside the authorized network is different. Repairs at an independent shop, or done yourself, do not count as repair attempts under the lemon law. If you had an independent shop look at the car, keep the receipt and any notes, but bring the car back to an authorized dealer each time the noise returns.

Keep basic maintenance current and save the receipts. A manufacturer may point to tires, aftermarket parts or missed service as the source of a noise. Clean records make those arguments easier to answer.

Ask the dealer for a loaner or rental if the car needs to stay overnight. Noises that only appear after a long drive or on a cold start often require the technician to keep the car, and those days count toward time out of service.

Example: A Clunk the Dealer Kept Calling Normal

This example is fictional and is used only to explain the steps. Jasmine leased a new sedan in Long Beach. Around 1,500 miles, she started hearing a loud clunk from the front right every time she drove over a speed bump or a dip in the road. She recorded it on her phone.

The first dealer visit ended with 'could not duplicate.' On the second visit, she asked the advisor to ride with her over a parking lot speed bump, and the advisor heard it. The order said 'clunk verified, front right suspension,' and the technician replaced a sway bar link. Three weeks later the clunk returned. The dealer then replaced a strut mount and kept the car for eight days.

When the clunk came back a fourth time, along with a slight pull to the right, Jasmine called a lemon law attorney with her four repair orders and recordings. The attorney reviewed her lease and repair history and contacted the manufacturer. This example shows how a noise complaint becomes a documented record. It does not predict any outcome.

The ride-along was the turning point. Once the advisor heard the clunk, every later order described a verified concern, which made the history much harder to dismiss.

What a Buyback Covers and How Fees Work

If the manufacturer must repurchase the car, restitution is the actual price paid or payable, including collateral charges like sales tax, license and registration fees, plus incidental damages such as reasonable repair, towing and rental car costs (Civil Code 1793.2(d)(2)(B)). In a lease buyback, the refund typically covers what you paid and the lease is paid off. A mileage offset may be subtracted based on miles driven before you first reported the noise (Civil Code 1793.2(d)(2)(C)), so it helps to report it early. Every case is different.

A buyer who wins recovers attorney fees and costs from the manufacturer under Civil Code 1794(d). We take lemon law cases at no upfront cost, and if we do not win, the client pays us nothing.

There is also a deadline to keep in mind. Warranty claims usually carry a four-year statute of limitations (Commercial Code 2725), and the start date can be tricky to pin down. If a noise has been going on for a while, talk to an attorney before your warranty runs out.

For manufacturers that opted in, AB 1755 (Code of Civil Procedure 871.20 and following) and SB 26 added pre-lawsuit written notice, early document exchange and mediation steps for many claims. An attorney handles those steps for you, which is one more reason to get help early instead of trying to manage the process alone.

What to Do Next

1. Record the noise on your phone with the speed, road surface and conditions visible or spoken aloud.
2. Write down exactly when it happens, such as over bumps, when turning, when braking or at a certain speed.
3. Ask the service advisor to ride with you, or to have the technician drive the same route, and to note the result.
4. Make sure the repair order describes the noise in your words, for example 'clunk from front left over bumps, repeat concern.'
5. Keep every repair order, including any that say the noise is 'normal' or 'could not duplicate.'
6. Call 877-536-6620 for a free case review with an attorney.

Key Facts (as of October 2026)

• If the manufacturer or its dealers cannot fix a warranty defect that substantially impairs use, value or safety after a reasonable number of attempts, it must replace or repurchase the vehicle (Civil Code 1793.2(d)(2)).
• The buyer does not have to prove the exact technical cause, and visits where the dealer could not find or fix the problem can still count (Oregel v. American Isuzu Motors, 2001).
• Tip: a phone recording with the speed and road conditions spoken aloud helps a technician hear the same noise you do.

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

Can a rattle in the dashboard be a lemon law defect?

It can, if it is persistent, covered by the warranty and not fixed after a reasonable number of attempts. Whether it substantially impairs value depends on the facts, so it is worth a review.

The dealer says all cars of this model make the noise. Does that end my claim?

Not necessarily. Ask them to write that statement on the repair order, and ask whether a bulletin covers it. A noise shared by many cars can still be a defect.

Should I keep driving if the noise is from the brakes or suspension?

Ask the dealer whether it is safe, and follow the owner's manual. If you are told not to drive it, ask about a loaner or rental.

How many times do I need to bring the car in for a noise?

Within 18 months or 18,000 miles, four repairs of the same problem create a presumption, but fewer can still be enough depending on the facts.

Sources and Official References

• California Civil Code section 1793.2 (California Legislature)
• California Civil Code section 1793.22 (California Legislature)
• California Civil Code section 1794 (California Legislature)
• California Commercial Code section 2725 (California Legislature)

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

Related Guides

• When the dealer cannot reproduce the problem
• Suspension defects and lemon law
• What should I say at the dealership?
• My Car Has Electrical Problems That Keep Coming Back. Is It a Lemon?
• My New Car Shakes or Vibrates at Highway Speed. Is It a Lemon?
• My Car Stalls or Loses Power While Driving. Is It a Lemon?
• My Car Keeps Not Starting. Is It a Lemon?
• My New Car's Transmission Keeps Slipping or Jerking. Is It a Lemon?
• My Car's Screen Keeps Freezing or Going Black. Is That a Lemon Law Problem?
• 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.