When the Dealership Can’t Duplicate the Problem: Building a Strong Lemon Law Case
- Home
- When the Dealership Can’t Duplicate the Problem: Building a Strong Lemon Law Case
Why “No Problem Found” Doesn’t Stop a California Lemon Law Claim
One of the most frustrating experiences for California drivers is when a dealership says:
“Unable to verify customer concern.”
“Could not duplicate the problem.”
“No problem found.”
“Working as designed.”
Yet the defect keeps happening when you drive the car.
If this is happening to you, you’re not alone — and you may still have a strong California Lemon Law case. In fact, “intermittent” or “not duplicated” issues make up a large percentage of successful Lemon Law claims in California. This guide explains why this happens, how to document your issue, and what steps strengthen your claim even if the dealership cannot replicate the problem.
“Unable to verify customer concern.”
“Could not duplicate the problem.”
“No problem found.”
“Working as designed.”
Yet the defect keeps happening when you drive the car.
If this is happening to you, you’re not alone — and you may still have a strong California Lemon Law case. In fact, “intermittent” or “not duplicated” issues make up a large percentage of successful Lemon Law claims in California. This guide explains why this happens, how to document your issue, and what steps strengthen your claim even if the dealership cannot replicate the problem.
Why Dealerships Often Can’t Duplicate the Problem
There are several reasons a dealership may not be able to reproduce the issue:
1. Intermittent Defects
Modern vehicles — especially EVs and hybrids — rely on sensors, modules, and software. Problems may appear randomly.
2. Issues Occur Only Under Certain Conditions
Examples:
- Highway speed
- Hot weather
- Cold start
- After long trips
- While accelerating or braking
- After charging (for EVs)
A short dealership test drive may never trigger the defect.
3. Technicians Are Overloaded or Rushed
Busy service departments don’t always have the time or incentive to dig deeper.
4. Software/ECU Issues Don’t Always Show Up on Scans
Not all problems leave a fault code — but they still affect use, value, or safety.
5. Manufacturer Pressure
Some dealerships avoid documenting recurring problems because they trigger warranty costs and scrutiny. Regardless of why the dealership couldn’t duplicate the issue, your Lemon Law rights remain fully intact.
1. Intermittent Defects
Modern vehicles — especially EVs and hybrids — rely on sensors, modules, and software. Problems may appear randomly.
2. Issues Occur Only Under Certain Conditions
Examples:
- Highway speed
- Hot weather
- Cold start
- After long trips
- While accelerating or braking
- After charging (for EVs)
A short dealership test drive may never trigger the defect.
3. Technicians Are Overloaded or Rushed
Busy service departments don’t always have the time or incentive to dig deeper.
4. Software/ECU Issues Don’t Always Show Up on Scans
Not all problems leave a fault code — but they still affect use, value, or safety.
5. Manufacturer Pressure
Some dealerships avoid documenting recurring problems because they trigger warranty costs and scrutiny. Regardless of why the dealership couldn’t duplicate the issue, your Lemon Law rights remain fully intact.
Does “No Problem Found” Count as a Repair Attempt Under Lemon Law?
YES.
California courts recognize that:
A documented attempt is still an attempt — even if the dealership couldn’t replicate the symptom.
As long as:
- You clearly reported the issue, and
- A repair order was created,
…it counts as one of your reasonable number of repair attempts under the California Lemon Law.
This is extremely important because even two repair attempts may be enough if the defect involves safety.
California courts recognize that:
A documented attempt is still an attempt — even if the dealership couldn’t replicate the symptom.
As long as:
- You clearly reported the issue, and
- A repair order was created,
…it counts as one of your reasonable number of repair attempts under the California Lemon Law.
This is extremely important because even two repair attempts may be enough if the defect involves safety.
How to Build a Strong Lemon Law Case When the Dealer Can’t Duplicate the Problem
Here’s how to protect your case and strengthen your proof — even when the dealership can’t find the issue.
1. Always Describe the Problem Clearly on the Repair Order
Ask the service advisor to write your complaint exactly as you describe it.
Examples:
“Vehicle suddenly loses power on freeway.”
“Car stalls when turning left.”
“Transmission jerks between 2nd and 3rd gear.”
“Battery drains overnight after full charge.”
“Steering pulls to the right at 60 mph.”
If the advisor writes something vague like “customer states noise,” politely request them to correct it.
2. Always Get a Copy of the Repair Order
You should receive:
- A repair order when you drop off the vehicle
- A final invoice when you pick it up
- These documents are essential evidence in Lemon Law claims.
3. Take Videos & Photos When the Issue Happens
Dealers take video proof seriously. Capture:
- Warning lights
- Dashboard messages
- Noise or shaking
- Stalling
- Charging failures
- Touchscreen freezing
- Autopilot/ADAS malfunctions
Video evidence can win cases where dealerships repeatedly claimed “unable to verify concern.”
4. Try a Different Dealership
This is perfectly allowed — and often extremely helpful.
Some dealerships:
- Have better EV/hybrid technicians
- Are less busy
- Are more willing to dig deeper
- Are less pressured by manufacturer reps
- A different dealership may find the issue immediately.
5. Document When and How the Problem Occurs
For example:
Hot weather?
Cold start?
After charging?
During highway speed?
Going uphill?
This helps technicians replicate the defect and supports your Lemon Law claim.
6. Keep Track of How Long Your Car Spends in the Shop
Even if they can’t duplicate the problem, your car may still qualify as a lemon if:
- It has been in the dealership 30+ total days - The defect is a safety risk - The issue keeps returning - You made multiple documented visits
1. Always Describe the Problem Clearly on the Repair Order
Ask the service advisor to write your complaint exactly as you describe it.
Examples:
“Vehicle suddenly loses power on freeway.” “Car stalls when turning left.” “Transmission jerks between 2nd and 3rd gear.” “Battery drains overnight after full charge.” “Steering pulls to the right at 60 mph.”If the advisor writes something vague like “customer states noise,” politely request them to correct it.
2. Always Get a Copy of the Repair Order
You should receive:
- A repair order when you drop off the vehicle
- A final invoice when you pick it up
- These documents are essential evidence in Lemon Law claims.
3. Take Videos & Photos When the Issue Happens
Dealers take video proof seriously. Capture:
- Warning lights
- Dashboard messages
- Noise or shaking
- Stalling
- Charging failures
- Touchscreen freezing
- Autopilot/ADAS malfunctions
Video evidence can win cases where dealerships repeatedly claimed “unable to verify concern.”
4. Try a Different Dealership
This is perfectly allowed — and often extremely helpful.
Some dealerships:
- Have better EV/hybrid technicians
- Are less busy
- Are more willing to dig deeper
- Are less pressured by manufacturer reps
- A different dealership may find the issue immediately.
5. Document When and How the Problem Occurs
For example:
Hot weather?
Cold start?
After charging?
During highway speed?
Going uphill?
This helps technicians replicate the defect and supports your Lemon Law claim.
6. Keep Track of How Long Your Car Spends in the Shop
Even if they can’t duplicate the problem, your car may still qualify as a lemon if:
- It has been in the dealership 30+ total days - The defect is a safety risk - The issue keeps returning - You made multiple documented visits
Common “Intermittent” Defects That Still Qualify for Lemon Law
These are some of the most common issues that dealerships fail to duplicate — yet still lead to successful Lemon Law buybacks in California:
- Electrical system failures
- Intermittent stalling
- Transmission hesitation/jerking
- Steering pull
- EV battery errors
- Charging system failures
- Warning lights that come and go
- Infotainment system freezing
- Autopilot or driver-assistance failures
- Air conditioning issues in hot weather
- Engine misfires or rough idling
Dealerships often mark these as “no problem found,” but California Lemon Law still applies.
- Electrical system failures
- Intermittent stalling
- Transmission hesitation/jerking
- Steering pull
- EV battery errors
- Charging system failures
- Warning lights that come and go
- Infotainment system freezing
- Autopilot or driver-assistance failures
- Air conditioning issues in hot weather
- Engine misfires or rough idling
Dealerships often mark these as “no problem found,” but California Lemon Law still applies.
Does Your Vehicle Qualify Even If the Dealer Couldn’t Verify the Problem?
Yes.
You may still qualify for:
- A full refund (buyback)
- A replacement vehicle
- Cash compensation
- Civil penalties in some cases
- Attorney’s fees paid by the manufacturer
As long as:
The defect occurred under warranty, and
It affects use, value, or safety, and
The dealership documented your complaint
…you may have a strong case.
You may still qualify for:
- A full refund (buyback)
- A replacement vehicle
- Cash compensation
- Civil penalties in some cases
- Attorney’s fees paid by the manufacturer
As long as:
The defect occurred under warranty, and
It affects use, value, or safety, and
The dealership documented your complaint
…you may have a strong case.
Get a Free California Lemon Law Case Review
If the dealership keeps telling you they “can't duplicate the problem,” it may be time to involve an attorney. At Alemi Law Group, PC, we help clients across all of California build strong Lemon Law cases — even when dealerships deny the issue.
Call (818) 946-9911
Email: info@alemilawgrp.com
Or request a free case evaluation online. You don't have to deal with dealerships or manufacturers alone — we’re here to help.
Call (818) 946-9911 Email: info@alemilawgrp.comOr request a free case evaluation online. You don't have to deal with dealerships or manufacturers alone — we’re here to help.
