My Car Has Been in the Shop 30 Days—Does It Qualify as a Lemon in California?
If your car has been in the repair shop for more than 30 days for warranty-covered problems, you may have a California Lemon Law claim. California law includes a specific presumption involving vehicles that are out of service for repairs for a cumulative total of more than 30 calendar days during the applicable period.
Those days generally do not have to be consecutive, but consecutive days make for a much stronger case. Importantly, being in the shop for 30 non-consecutive days does not automatically mean every vehicle qualifies as a lemon. The vehicle’s warranty coverage, the reason it was being repaired, when the repair problems occurred, and other circumstances still matter.
What Is the California Lemon Law 30-Day Rule?
California’s Lemon Law is part of the Song-Beverly Consumer Warranty Act. The Tanner Consumer Protection Act, found in California Civil Code § 1793.22, creates a rebuttable presumption that a manufacturer has had a reasonable opportunity to repair a vehicle when certain conditions are met.
One of those conditions involves the amount of time the vehicle has been unavailable because of repairs.
Under Civil Code § 1793.22(b)(3), the presumption can apply when a vehicle has been out of service because of repairs for warranty nonconformities for a cumulative total of more than 30 calendar days within the first 18 months after delivery or 18,000 miles, whichever occurs first.
A “nonconformity” under the statute is a problem that substantially impairs the vehicle’s use, value, or safety.
Quick Answer
Car in the shop for more than 30 days? You may qualify for California Lemon Law protection if:
- The vehicle was being repaired for problems covered by the manufacturer’s warranty.
- The problems substantially affected the vehicle’s use, value, or safety.
- The manufacturer or its authorized repair facility had an opportunity to repair the vehicle.
- The vehicle accumulated more than 30 calendar days out of service during the period covered by California’s Lemon Law presumption.
The exact facts of the claim still need to be evaluated.
Do the 30 Days Have to Be Consecutive?
No.
This is one of the most important parts of California’s 30-day Lemon Law rule.
The statute refers to a “cumulative total” of more than 30 calendar days. That means the days can potentially come from several different repair visits.
For example:
In the first 18 months or 18,000 miles on the odometer, your vehicle spends:
12 days in the shop for a transmission problem
9 days for an electrical problem
11 days for another warranty repair
That equals 32 total days out of service.
Even though the vehicle was never in the shop for 30 consecutive days, the cumulative repair time may satisfy the 30-day portion of the Lemon Law presumption.
Does It Have to Be the Same Problem for All 30 Days?
Not necessarily, but it makes for a much stronger case if it is.
The 30-day provision refers to the vehicle being out of service because of the repair of “nonconformities.” It does not say that all 30 days must involve one identical defect.
For example, a vehicle might experience:
- Transmission failures
- Engine problems
- Electrical malfunctions
- EV battery or charging problems
- Infotainment or software failures
- Brake or steering problems
- Repeated warning lights
- Loss of power or stalling
Repair days involving different qualifying warranty problems may potentially contribute to the cumulative out-of-service period.
Does 30 Days in the Shop Automatically Make My Car a Lemon?
No. The 30-day mark is important, but it is not an automatic guarantee of a buyback.
Civil Code § 1793.22 creates a rebuttable presumption concerning whether the manufacturer has been given a reasonable number of opportunities to repair the vehicle.
That is different from saying every vehicle that spends 30 days at a dealership automatically becomes a lemon on day 31.
Other facts can affect the claim, including the nature of the defects, warranty coverage, repair history, when the problems occurred, and why the vehicle remained out of service.
The statute also provides that the 30-day period may be extended when repairs cannot be performed because of conditions beyond the control of the manufacturer or its agents.
What If My Car Has Been in the Shop for 30 Days During One Repair Visit?
That can be particularly important.
California law contains another 30-day provision that is sometimes confused with the Lemon Law presumption.
Under California Civil Code § 1793.2(b), manufacturers maintaining service and repair facilities in California generally must complete warranty repairs within 30 days unless the buyer agrees in writing to a longer period, subject to circumstances specified by law.
This is separate from the cumulative 30-day out-of-service presumption under Civil Code § 1793.22.
In other words, a vehicle sitting at a dealership for an extended period can raise more than one potential issue under California’s warranty laws.
What If the Dealer Says They Are Waiting for Parts?
A parts delay does not necessarily eliminate a potential Lemon Law claim.
The reason for the delay matters. Civil Code § 1793.22 states that the 30-day limit used for the presumption can be extended if repairs cannot be performed because of conditions beyond the control of the manufacturer or its agents.
Consumers should therefore document what the dealership tells them about delays.
If you hear:
“Parts are backordered.”
“We don’t know when the part will arrive.”
“The manufacturer hasn’t released the software update.”
“We’re waiting for an engineer.”
“We can’t duplicate the problem.”
Ask for that information to be reflected on the repair order whenever possible.
What If the Dealer Gives Me a Loaner Car?
Receiving a loaner or rental vehicle does not necessarily mean the days your vehicle is unavailable disappear from the Lemon Law analysis.
The key issue under the statutory presumption is whether your vehicle was out of service because of repairs for qualifying nonconformities.
Keep records showing the dates you dropped off and picked up your vehicle even when the dealership provides alternative transportation.
What Happens If My Vehicle Qualifies as a Lemon?
When a manufacturer cannot repair a qualifying vehicle after a reasonable number of opportunities, California law can require the manufacturer to replace the vehicle or provide restitution to the consumer. The California DMV likewise describes the state’s Lemon Law as requiring replacement or restitution when a vehicle cannot be brought into conformity with its warranties after a reasonable number of repair attempts.
Depending on the circumstances, a Lemon Law buyback may involve amounts related to the vehicle purchase and certain qualifying expenses, subject to deductions and other rules under California law.
The exact amount depends on the facts of the individual claim.
What Should I Do If My Car Has Been in the Shop for 30 Days?
If your vehicle is approaching or has exceeded 30 cumulative days in the repair shop, start gathering your records now.
Keep copies of every repair order, service invoice, dealership communication, text message, email, towing receipt, rental or loaner agreement, and warranty document.
Pay particular attention to the date the vehicle entered the dealership and the date it was returned to you on each repair order.
Don’t rely only on the number of repair visits.
A vehicle that has had only two or three repair visits could still have accumulated a significant number of days out of service.
California Lemon Law 30-Day Rule: Frequently Asked Questions
Is a car automatically a lemon after 30 days in California?
No. More than 30 cumulative days out of service for qualifying repairs can trigger an important legal presumption under California’s Lemon Law, but eligibility depends on the complete repair and warranty history.
Do the 30 days have to be consecutive?
No. California Civil Code § 1793.22 specifically refers to a cumulative total of more than 30 calendar days.
Can different repairs count toward the 30 days?
Potentially, yes. The statutory 30-day provision refers to repairs of “nonconformities” rather than requiring all 30 days to arise from one identical problem. A case for the same problem is much stronger.
Do weekends count toward the 30 days?
Yes. The statute refers to calendar days, rather than business days.
What if my car has only been in the shop for 20 or 25 days?
You may still have a Lemon Law claim. The 30-day provision is one way of establishing a presumption that a reasonable number of repair opportunities occurred; it is not the only possible basis for a claim.
For example, the statute also addresses repeated attempts to repair the same defect and contains a separate standard for defects likely to cause death or serious bodily injury.
Does the 30-day rule apply to leased vehicles?
California’s statutory definition expressly includes buyers and lessees in relevant Lemon Law protections.
What if the dealership still has my vehicle right now?
You do not have to wait until you get the vehicle back before reviewing your potential Lemon Law rights. Keep track of the date the dealership took possession of the vehicle and obtain documentation showing why it remains there.
My Car Has Been in the Shop for More Than 30 Days. What Should I Do Next?
If your vehicle has accumulated more than 30 days in the repair shop for warranty problems, it may be time to have the repair history reviewed.
California Lemon Law Services helps California consumers determine whether repeated repairs or extended periods out of service may qualify them for a Lemon Law buyback, replacement, or other available relief.
Contact CaliforniaLemonLawServices.com for a free consultation and review of your repair history.
Bring or provide your repair orders, purchase or lease agreement, warranty information, and any communications with the dealership or manufacturer. These documents can help determine whether your vehicle may qualify under California’s Lemon Law.
This article provides general information about California Lemon Law and is not legal advice. Lemon Law eligibility depends on the facts of each case.