Will a Lemon Law Attorney Take My Case if the Dealer Can't Find the Problem?

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

The Short Answer

Signs a No Problem Found Case May Still Work

• Each repair order describes your complaint, even if no repair was made
• The visits were at a manufacturer-authorized dealer
• The car was under the manufacturer's warranty at each visit
• You have video or photos of the problem happening
• The problem affects safety, drivability or value
• The problem keeps coming back after each visit

Why No Problem Found Does Not End Your Claim

Hearing the dealer say it could not reproduce the problem is frustrating. It can feel like the dealer is calling you a liar. But for lemon law purposes, that visit is not wasted. You gave the manufacturer a chance to fix the car, and the chance was not used.

California courts have said the buyer does not have to prove the exact technical cause of a defect. In Oregel v. American Isuzu Motors (2001), the court made clear that visits where the dealer could not find or fix the problem can still count. The question under Civil Code 1793.2(d)(2) is whether the manufacturer failed to fix a warranty defect that substantially impairs use, value or safety after a reasonable number of attempts. A visit where the dealer looked and did nothing is still an attempt.

That means a lawyer reviewing your case will look past the words no problem found and ask a different question: did you keep reporting the same problem to an authorized dealer while the car was under warranty, and is it still happening? If the answer is yes, a lawyer may well be interested in your case.

Problems Dealers Often Struggle to Reproduce

Some defects show up only under certain conditions. A transmission may shudder only when the engine is warm, an electrical problem may appear only in hot weather, and a screen may freeze only after an hour of driving. A technician who drives the car around the block for ten minutes may never see it.

These are the kinds of complaints that most often end up with a could not duplicate note. They are also often the kinds of problems that make people lose trust in a car, because they cannot predict when the next failure will happen.

If the problem could cause a crash or serious injury, such as stalling, loss of power steering, sudden acceleration or brake problems, it may be treated as a safety defect. Under Civil Code 1793.22(b), within 18 months or 18,000 miles, two repairs of a defect likely to cause death or serious injury can create a presumption of a reasonable number of attempts. Whether a no problem found visit counts toward that test depends on the facts, which is one reason to have an attorney read the repair orders.

• Intermittent stalling or loss of power
• Screens, cameras or displays that freeze or go black
• Warning lights that come and go
• Shudders or harsh shifts only at certain speeds
• Electrical drains that leave the car dead overnight
• Noises that appear only in certain weather

How to Make the Dealer's Record Work for You

The repair order is your best evidence, so treat each visit as a chance to build it. When you drop off the car, describe the problem the same way each time, using plain words: the car shuts off at stoplights after about twenty minutes of driving. Tell the advisor when it happens, how often, and what you see on the dashboard.

Before you leave, read the complaint line. If it says customer states noise, ask the advisor to add what you actually said. If the advisor will not write it down, send a short email to the service department the same day describing what you reported, and keep a copy.

Offer to show the technician the problem. Some dealers will let you ride along on a test drive or will keep the car longer to try to reproduce it. Bring your video and ask the advisor to note on the repair order that you showed it.

When you pick up the car, ask for the final repair order showing the date out, the mileage, and what the technician tested. Even a visit with no repair should have a record. The days the car sits at the dealer can also add up, and more than 30 total days out of service for repairs can create a presumption under Civil Code 1793.22(b).

Mistakes That Can Weaken a Could Not Duplicate Case

A few common choices make these cases harder. The first is giving up on the dealer. After two or three no problem found visits, many drivers stop going back. But if the problem continues and you never return, the record shows the dealer had only a few chances.

The second is going to an independent shop. Repairs at an independent shop, or work you do yourself, do not count as repair attempts under the lemon law. An independent diagnosis can still help show the problem exists, but the warranty repair visits should happen at an authorized dealer.

The third is softening your complaint. When you are tired of arguing, it is tempting to say the problem has been better lately. If that is not true, do not say it. Repair orders that say the customer reports no current issue can be used against you later.

A last mistake is assuming the case is over because the dealer says the car is operating as designed. That phrase is a conclusion, not a finding the law has to accept. An attorney can look at whether the problem you describe is really normal or a defect.

• Stopping dealer visits while the problem continues
• Paying an independent shop for a warranty problem
• Telling the advisor the problem is gone when it is not
• Leaving without a repair order for the visit
• Deleting videos or texts about the problem

Example: An Intermittent Stall With Three Clean Reports

This is a made-up example. Hannah bought a new compact car in California. A few months later it started shutting off at red lights, usually on hot afternoons. She took it to the dealer three times. Each time the technician drove it, found no stored codes, and wrote could not duplicate.

After the third visit, Hannah assumed no lawyer would want a case with no repairs on paper. Her husband had recorded one stall on his phone from the passenger seat, so she sent that video along with her three repair orders and her sales contract for a free review.

The attorney noted that each repair order described the same stalling complaint in her words, that all three visits were within the warranty, and that stalling in traffic may be treated as a safety concern. The attorney explained that the visits likely counted even though nothing was fixed, and told her to keep going back to the dealer whenever it happened.

Hannah kept making her loan payments and kept a log of each stall. This example describes the steps only, not an outcome.

What an Attorney Looks At Before Taking the Case

Every case is different, and an honest attorney will tell you if the record is thin. The attorney will check whether the vehicle is covered, whether the visits were at authorized dealers, whether your complaint is written on each order, and how long the car was out of service.

The attorney will also look at whether you contacted the manufacturer directly. For two of the presumption tests in Civil Code 1793.22(b), the buyer must have notified the manufacturer if the owner's manual clearly requires it. If you have not done that yet, the attorney can explain whether you should.

Timing matters, too. Warranty claims are generally subject to a four-year limit under Commercial Code 2725, and manufacturers that opted in to the 2025 changes under Code of Civil Procedure 871.20 and following have added pre-lawsuit steps. Getting a review early gives you time to strengthen the record.

If the case moves forward and you win, Civil Code 1794(d) makes the manufacturer pay your attorney fees, costs and expenses. You pay $0 out of pocket with our firm, and if we lose, you owe us nothing.

Keeping Your Own Log of the Problem

When the dealer keeps finding nothing, your own notes become a second record that fills in what the repair orders leave out. A simple log on your phone is enough. The goal is to show how often the problem happens and under what conditions, so a technician, the manufacturer, or a court can see the pattern.

Each time the problem happens, write the date, the time, the mileage, the weather, and what you were doing, such as merging onto the freeway or sitting at a light. Note any message on the dashboard and how long the problem lasted. If a passenger was with you, write that down too.

Bring a printed copy of the log to your next dealer visit and ask the advisor to note on the repair order that you provided it. Patterns, such as a stall that happens only after a long drive on hot days, can help a technician know what conditions to recreate.

Your own notes do not replace repair orders, and they do not count as repair attempts. But they help an attorney understand the problem and help show that the defect substantially impairs the car's use, value or safety. Keep the log honest and specific. Do not guess at dates or add entries after the fact.

• Date, time and mileage of each episode
• Weather and driving conditions
• Warning lights or messages shown
• How long the problem lasted
• Who else was in the car

What to Do When the Dealer Finds Nothing

1. Ask for a repair order for every visit, even when the dealer says no problem was found.
2. Read the complaint line before you leave and ask for corrections if it does not match what you said.
3. Record the problem on video when it is safe, with a passenger filming or the car safely stopped.
4. Keep taking the car back to an authorized dealer each time the problem returns.
5. Call 877-536-6620 for a free case review so an attorney can read your repair orders.

Key Facts (as of October 2026)

• The buyer does not have to prove the exact technical cause of the defect; visits where the dealer could not find or fix the problem can still count (Oregel v. American Isuzu Motors, 2001).
• Within 18 months or 18,000 miles, two repairs of a defect likely to cause death or serious injury, four repairs of the same defect, or more than 30 days out of service create a presumption of a reasonable number of attempts (Civil Code 1793.22(b)).
• A buyer who wins recovers attorney fees, costs and expenses from the manufacturer (Civil Code 1794(d)).

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

“Although it turned out that my vehicles did not quite meet the legal criteria, the level of service I received was outstanding. He will give you an honest assessment of your situation.”

Nick · VW ID.4 owner · 5-star Google review

“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

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

FAQ

Does a could not duplicate visit count as a repair attempt?

It can. California courts have held that visits where the dealer could not find or fix the problem can still count, as long as you presented the car for the warranty problem.

What if the dealer refuses to write a repair order?

Ask again politely and, if needed, send the service department a short email the same day describing what you reported. Keep a copy and tell your attorney.

Should I get a second opinion from an independent mechanic?

It can help show the problem exists, but repairs at an independent shop do not count as repair attempts. Keep the warranty visits at an authorized dealer.

Is it worth calling a lawyer after only one no problem found visit?

It can be, especially for a safety problem. A free review can tell you what to do on the next visit so the record is clear.

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)
• NHTSA, report a safety problem
• California Department of Consumer Affairs: California's Lemon Law Q&A
• California Attorney General: Buying and Maintaining a Car

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

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• Could not duplicate vs documented repair
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• Can a Lemon Law Attorney Handle My Case by Phone or Text?
• What Do I Need to Send a Lemon Law Attorney to Get Started?
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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.