My Warranty Is About to Expire and the Problem Isn't Fixed. What Should I Do?

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

The Short Answer

What to Check Before Your Warranty Ends

• The exact end date and mileage limit of each warranty on the car
• Whether the problem is on at least one dated repair order
• Whether the problem has come back after a repair
• How many total days the car has spent at the dealer
• Whether any recalls or service campaigns are open on your VIN
• Whether you have direct contact records with the manufacturer

Why the Warranty End Date Matters Less Than You Think

Many drivers believe that once the warranty expires, the manufacturer is off the hook. That is not how California law works. What matters is when the defect showed up and whether you reported it to an authorized dealer while the warranty was in effect.

Under Civil Code 1793.2(d)(2), the manufacturer's duty to replace or buy back the car applies when it cannot fix a warranty defect after a reasonable number of attempts. If those attempts happened during the warranty, the claim does not disappear just because the coverage later ended. The Tanner Act presumption is limited to 18 months or 18,000 miles, but claims can still succeed outside that window when the defect first appeared under warranty.

The expiration date is still important for a different reason. Once it passes, new problems that appear for the first time are usually not covered. That is why you want every current problem on paper before the deadline.

Keep in mind that most cars have more than one warranty. The basic warranty may end at three years, while the powertrain coverage lasts longer, and emissions or battery parts may have their own terms. Check each one. A problem that is close to the end of one warranty may still be covered by another.

Getting Every Problem on the Record

Before your coverage ends, take the car in and list every issue you have noticed, even the small ones. A warning light that came on once, a noise you have been ignoring, or a screen that freezes now and then are all worth reporting. Once the warranty ends, it may be too late to show they started while you were covered.

Ask the advisor to write each concern on the repair order as a separate line, in your words. Check the date and mileage at drop-off. A repair order dated a few days before the end of coverage shows the problem was reported in time.

If the dealer cannot fit you in before the warranty ends, ask for an appointment confirmation in writing and call the manufacturer to report the problem. Keep the email or text. That record shows you tried to bring the car in while it was still covered.

If you have been putting up with a problem because it seemed minor, this is the time to report it. A small issue that is not on paper before the end date may be hard to tie to the warranty later, even if it was there all along.

• Bring a written list of every concern to the appointment
• Ask for a separate line on the repair order for each issue
• Check the date and mileage before you sign
• Take a photo of the repair order before you leave

Repairs That Continue After Coverage Ends

Sometimes a problem is reported before the warranty ends but the repair is not finished until after. Ask the dealer to confirm in writing that the repair will be covered because you reported it during the warranty. Keep that confirmation with the repair order.

If the same problem comes back after the warranty expires, take it back to an authorized dealer and point to the earlier repair order. The dealer may still treat it as a warranty repair because the defect was documented in time. If the dealer refuses, ask for the refusal in writing and contact the manufacturer.

We treat a software update, over-the-air or at the dealer, as a repair attempt when its purpose was to fix your reported problem. If the manufacturer pushed an update to address your issue near the end of coverage, note the date and what it was meant to fix.

Watch the mileage as closely as the date. Many warranties end at whichever comes first. If you are near the mileage limit, try to get to the dealer before you cross it, and note the mileage on the repair order when you drop off the car.

Example: A Car With a Few Weeks of Coverage Left

This is a made-up example. Grace bought a new SUV and, over two years, the dealer worked on a rough idle and hesitation three times. The basic warranty was set to end in about a month. The problem had become less frequent but had not gone away.

Grace booked an appointment before the end date, brought a written list of the idle problem plus a rattling sunroof and a seat heater that only worked sometimes, and asked the advisor to list each one. The dealer replaced an ignition coil for the idle, adjusted the sunroof, and ordered a part for the seat heater. Grace then called the manufacturer and opened a case.

Two months after the warranty ended, the rough idle returned. Grace called a lemon law firm. The attorney explained that the defect first appeared and was repaired several times under warranty, which can support a claim after coverage ends. The firm reviewed the records and prepared a demand. This example shows the steps only.

Grace's choice to list every issue made a difference. The sunroof and seat heater were small compared to the idle problem, but they were now on record before the coverage ended. If they had come back later, she would have had proof they started while she was covered.

Extended Warranties and Service Contracts

As the warranty nears its end, you may get calls, mailers and dealer offers for an extended warranty. Most of these are service contracts, not the manufacturer's warranty. Some are sold by the manufacturer, and many are sold by third parties. They have their own terms, deductibles and exclusions.

A service contract does not replace your rights under the factory warranty. If a defect was already reported under the factory warranty, buying a service contract to cover it may mean paying for something the manufacturer should already handle. Read any contract carefully, and be wary of phone calls that pressure you to act immediately.

If you already have a service contract, keep using authorized dealers for repairs on the original problem and keep the paperwork separate. Your attorney will want to see which repairs were paid by the factory warranty and which were paid under the contract.

If you already bought a service contract, do not cancel it in a panic either. Ask an attorney how it fits with your factory warranty rights first. Some contracts have cancellation refunds that depend on timing, and some repairs may be better handled under one coverage than the other.

Deadlines You Should Know About

A lemon law claim is not unlimited in time. Warranty claims are generally subject to a four-year statute of limitations under Commercial Code 2725. When that clock starts can depend on the facts, so do not try to calculate it yourself if you are close.

For manufacturers that opted in to the 2025 changes under AB 1755, Code of Civil Procedure 871.20 and the sections after it added pre-lawsuit notice, early document exchange and mediation steps, and those rules may also affect timing. Because these rules are technical and new, an attorney should review your dates.

The safest approach is to get advice while the warranty is still active or shortly after it ends. That gives your attorney time to gather records, send any required notices, and protect your claim before any deadline becomes a problem.

Write down the key dates in one place: the delivery date, the date and mileage of the first repair visit for the problem, every later visit, and the warranty end date. That simple list helps an attorney check deadlines in minutes rather than hours.

What You Could Recover if the Car Qualifies

If the car qualifies, you can choose a replacement or restitution. Under Civil Code 1793.2(d)(2)(B), restitution generally covers the price paid or payable, including collateral charges such as sales tax, license and registration fees, plus incidental damages like reasonable towing and rental costs. The manufacturer subtracts a mileage offset based on miles driven before you first took the car in for the problem.

Because the offset is based on that first visit, a claim filed after the warranty ends does not automatically mean a larger offset. What matters is when the problem was first reported.

Civil Code 1794(d) shifts attorney fees to the manufacturer when the buyer wins. Our firm charges you nothing if the case is lost. Every case is different, so bring your warranty booklet and repair orders to a free review.

If the warranty has already expired by the time you read this, do not assume it is too late. Gather your repair orders and get a review. Many owners discover that their repair history from the warranty period still supports a claim.

Your attorney can also tell you whether a replacement or a buyback makes more sense for a car that is near the end of its coverage. Some owners prefer a fresh warranty on a replacement vehicle, while others want to leave the brand entirely.

What to Do Before the Warranty Runs Out

1. Find your warranty booklet and write down the end date and mileage for each type of coverage.
2. Book a dealer visit now and describe every current problem, not only the worst one.
3. Make sure each problem is written on a repair order dated before the warranty expires.
4. Call the manufacturer's customer care line, report the unresolved problem, and record the case number.
5. Do not buy a service contract or extended warranty until you understand what is already covered.
6. Call 877-536-6620 for a free case review before or right after the warranty expires.

Key Facts (as of October 2026)

• The Tanner Act presumption applies within 18 months or 18,000 miles, but claims can still succeed outside that window if the defect first showed up under warranty (Civil Code 1793.22(b)).
• Commercial Code 2725 generally sets a four-year limit for warranty claims, and the timing rules are technical.
• Under Civil Code 1793.2(d)(2)(C), the offset uses the miles on the car before its first repair visit for the defect.

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

“Even after multiple PCM software updates and the service center telling me it was just 'adaptive learning,' the car was still lunging and hesitating at highway speeds. I paid no out-of-pocket legal fees because the law requires the manufacturer to pay them.”

Nathaniel H. · 2023 Ford · 5-star Google review

“Every time I took it to the service center in Van Nuys, I was told they couldn't replicate the issue. America's Lemon Lawyer took my case and turned everything around.”

Ferina F. · 2024 Chevy Silverado · 5-star Google review

“From the first call, Jacob personally answered the phone, answered all of my questions, and clearly explained all the steps and what I needed to do.”

Danny N. · 2025 Range Rover Sport · 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 I still file a lemon law claim after my warranty expires?

Often yes, if the defect first showed up and was reported while the car was under warranty. Talk to an attorney about timing.

What if the dealer cannot see me before the warranty ends?

Get the appointment confirmation in writing and report the problem to the manufacturer before the end date.

Does the powertrain warranty count if the basic warranty ended?

Yes, for covered powertrain parts. Each warranty has its own end date and list of covered parts.

Should I buy an extended warranty now?

Not in a hurry. First find out what is already covered and whether you have a lemon law claim.

Sources and Official References

• California Commercial Code section 2725 (California Legislature)
• California Civil Code section 1793.2 (California Legislature)
• California Code of Civil Procedure section 871.20 (California Legislature)
• FTC guide to federal warranty law

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

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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.