Notifying the Manufacturer vs Only Telling the Dealer: Which Is Better?

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

Is it enough to tell the dealer about my car's defect, or should I notify the manufacturer directly too?

Side-by-Side Comparison

What Telling the Dealer Accomplishes

The dealer is where repairs happen. When you report a problem at an authorized dealer, the dealer writes a repair order, tries to fix the car, and bills the warranty. That visit is how the manufacturer gets its chance to repair the defect.

Dealer visits count. Each warranty repair attempt goes toward a reasonable number of attempts under the lemon law, and each day the car is in the shop goes toward the total days out of service. Without dealer visits, there is no repair history.

What the dealer usually cannot do is decide your lemon law claim. Dealers are generally independent businesses. They repair cars under the manufacturer's warranty, but the decision to replace or buy back a car belongs to the manufacturer.

So telling the dealer is necessary, but it may not be enough on its own. At some point, the manufacturer itself usually needs to hear from you or your attorney.

Keep in mind that the service advisor's job is to fix cars and process warranty claims. A complaint to the advisor that the car should be bought back usually goes nowhere, because that is not a decision the dealer makes.

What Notifying the Manufacturer Accomplishes

Direct notice tells the manufacturer, not just its dealer, that your car has a defect that is not getting fixed. It creates a dated record that the company knew about the problem. That can matter for the presumption, for settlement discussions, and in some cases for whether the manufacturer acted willfully.

Some owner's manuals or warranty booklets say that owners must notify the manufacturer directly before relying on the lemon law presumption. Look for a page about state lemon laws or customer assistance. If yours has this requirement, follow it.

Notice is usually simple. A short letter or email to the address in your manual, with your name, VIN, the defect, the dates of repair visits, and a request that the manufacturer fix the car or repurchase it, is often enough. Keep a copy and proof that you sent it.

Calling the manufacturer's customer assistance line can also help, especially to get a case number. But a phone call is harder to prove than a letter, so follow up in writing.

Notice to the manufacturer also gives it a chance to step in. Some manufacturers send a field engineer or arrange a final repair attempt after they receive notice. If that happens, keep the paperwork from that visit too.

What the Law Says

The presumption is in Civil Code 1793.22(b). Within 18 months or 18,000 miles, a reasonable number of attempts is presumed after 2 repairs of a defect likely to cause death or serious injury, 4 repairs of the same defect, or more than 30 days out of service. For the 2-repair and 4-repair paths, the buyer must have directly notified the manufacturer if the owner's manual clearly requires it.

The more than 30 days path does not carry that same notice condition in the statute. Even so, written notice is still a smart step, because it creates a clear record that the manufacturer knew about the problem.

AB 1755, effective 2025, added Code of Civil Procedure 871.20 and the sections after it. For manufacturers that opted in, many claims now require pre-lawsuit written notice, an early exchange of documents, and mediation steps with deadlines. SB 26 (2025) is part of the same set of changes, so ask your attorney which steps apply to your manufacturer.

The underlying remedy is in Civil Code 1793.2(d)(2): replacement or buyback when the manufacturer cannot fix a warranty defect after reasonable attempts. If you win, Civil Code 1794(d) requires the manufacturer to pay your attorney fees and costs.

Notice can also matter for the civil penalty. If the manufacturer willfully fails to meet its obligations, Civil Code 1794(c) allows a penalty of up to two times actual damages, and proof of what the manufacturer knew, and when, can be part of that question.

Real-World Example: Reading the Owner's Manual

This is a made-up example. Tomás bought a new SUV in California. Within the first year, the transmission slipped and banged into gear four times, and the dealer tried a different repair each visit. He assumed four visits meant he had a lemon law case.

When he talked to a lemon law attorney, the first question was whether he had ever contacted the manufacturer directly. He had not. The attorney pulled up the owner's manual, which had a section asking owners to notify the manufacturer in writing before seeking lemon law remedies.

The attorney sent written notice to the address in the manual, listing the VIN, the defect and the repair dates. Because the manufacturer had opted in to AB 1755, the notice also followed those pre-lawsuit requirements. The manufacturer then asked for one more chance to inspect the car.

The example shows why notice matters. Tomás's repair history was strong, but the missing notice could have been an argument against the presumption. Sending it, and keeping proof, closed that gap.

Tomás kept taking the SUV to the dealer whenever the transmission acted up, and kept every new repair order. The notice did not replace those visits. It added a record that the manufacturer itself had been told.

How to Send Notice to the Manufacturer

If you send notice yourself, keep it short, factual and polite. You do not need legal language. The goal is a clear, dated record.

Send it to the address in your owner's manual or warranty booklet. If the manual lists a specific department, use it. Use a method that gives you proof, like certified mail or an email you can save.

Keep a copy of the letter, the proof of mailing, and any response. Write down any case number the manufacturer gives you.

If you have already hired a lemon law attorney, let the attorney send the notice. For manufacturers that opted in to AB 1755, the pre-lawsuit notice has specific requirements, and getting it right matters.

After you send notice, keep reporting the problem at the dealer each time it happens. Notice tells the manufacturer about the defect; repair visits keep showing that it is still there.

• Your name, address and phone number
• Year, make, model and VIN
• The defect, in plain words
• Dates and mileage of each repair visit
• A request to fix the car or repurchase it
• Copies of your repair orders, if you have them

Common Mistakes With Notice

The most common mistake is never reading the owner's manual section on notice. It takes a few minutes and can matter a great deal for the 2-repair and 4-repair presumption paths.

Another mistake is relying only on phone calls. A call to customer assistance can be helpful, but without a written follow-up, it can be hard to prove what was said and when.

Some owners also assume the dealer passes everything along to the manufacturer. Dealers report warranty repairs, but that is not the same as you giving direct notice of a defect and asking for a remedy.

Finally, some people send angry or threatening letters. Stick to the facts. A calm, specific letter is more useful to you later, whether the claim settles early or goes further.

Others send notice to the wrong place, like a general corporate address or the dealer's email. Use the address the owner's manual or warranty booklet gives for this purpose.

A last mistake is sending notice and then going quiet. If the manufacturer responds and asks for an inspection or another repair attempt, answer promptly and keep a record of what happens next.

When to Bring in a Lemon Law Attorney

Notice is often the step where an attorney adds the most value. Once the dealer has tried and failed to fix the defect, the next moves involve the manufacturer directly, and the rules now include AB 1755 requirements for manufacturers that opted in.

An attorney can send notice that meets those requirements, request your records, and handle the early document exchange and any mediation. You keep taking the car to the dealer for repairs as needed and keep paying your loan or lease.

If the manufacturer makes an offer after receiving notice, have your attorney review it before you accept or sign anything. A release can end your claim for the defect.

Timing matters too. The statute of limitations for warranty claims is generally four years under Commercial Code 2725, and the start date can be technical. Getting advice early keeps more options open.

If you are unsure whether your manufacturer opted in to AB 1755, ask. The answer changes which pre-lawsuit steps apply, and a lemon law attorney can check it for you.

A case review is free, and when you win, the manufacturer pays attorney fees under Civil Code 1794(d), so you pay $0 out of pocket. Bring your repair orders and your owner's manual to the review.

When Notifying the manufacturer Is the Better Choice

• Your owner's manual says to notify the manufacturer directly
• The dealer has tried and failed to fix the defect
• You are ready to ask for a buyback or replacement
• Your manufacturer opted in to AB 1755

When Telling the dealer only Is the Better Choice

• The defect is new and the dealer has not tried to fix it yet
• You just need the repair done and documented
• You are still collecting repair orders before talking to an attorney

Key Facts (as of October 2026)

• For the 2-repair and 4-repair presumptions, the buyer must notify the manufacturer directly if the owner's manual clearly requires it (Civil Code 1793.22(b)).
• AB 1755 (effective 2025) and SB 26 added pre-lawsuit written notice and other steps for many claims against manufacturers that opted in.
• Keep a copy of any letter or email you send the manufacturer, and note any case number they give you.

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.

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Read all 78 reviews on Google (5.0 stars, October 2026). Reviews describe past clients' experiences; every case is different.

FAQ

Is calling the manufacturer's customer service enough?

A call helps, but written notice is easier to prove. Write down the date and any case number.

Does telling the dealer count as telling the manufacturer?

Dealer visits count as repair attempts, but they may not meet a manual's direct notice requirement. Check your manual.

Can my attorney send the notice?

Yes. Your attorney can send written notice and handle the AB 1755 steps for you.

Sources and Official References

• California Civil Code section 1793.22 (California Legislature)
• California Code of Civil Procedure section 871.20 (California Legislature)
• California Civil Code section 1793.2 (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.

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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.