When your new vehicle unexpectedly becomes defective, you rightfully anticipate that the manufacturer will honor the warranty and take responsibility. Yet, many car owners find themselves caught in a web of delays, refusals, and excuses that can stretch on for months or even years. These situations are not mere accidents; manufacturers frequently employ delaying tactics to sidestep their obligations for repairs, replacements, or buybacks as mandated by Lemon Law.
By grasping these strategies, you can better navigate the situation, defend your rights, and bolster your claim. In this guide, we will delve into the usual delaying methods employed by manufacturers, how to identify them early on, and the actions you can take to ensure your Lemon Law claim proceeds smoothly.
Understanding Lemon Law and Your Rights
Before exploring the strategies, it’s crucial to grasp the purpose of Lemon Laws and the reasons why manufacturers may contest your claim.
What Are Lemon Laws?
Lemon Laws are legal protections at both the state and federal levels designed to safeguard buyers of faulty vehicles that do not conform to expected quality and performance benchmarks. When a manufacturer fails to resolve a persistent problem after several attempts, the consumer has the right to receive a refund, a replacement vehicle, or financial compensation.
Why Do Manufacturers Stall Lemon Law Claims?
Every Lemon Law payout impacts the manufacturer, through direct costs like refunds or repairs and indirect costs such as damage to brand reputation and future sales.
To reduce losses, manufacturers may try to delay or discourage claims, hoping consumers miss deadlines, accept partial compensation, or give up from frustration. Recognizing these tactics early can be key to securing a fair settlement.
Common Manufacturer Stalling Tactics
Below are some of the most frequent and effective delay strategies manufacturers and dealerships use to slow down Lemon Law claims.
1. Repeated Repair Attempts Without Resolution
The Deception of “Advancement”
A frequent strategy involves repeatedly taking your vehicle to the shop, where each visit is framed as a “new effort” or the need for “more time to identify the problem.”
Why This is Concerning
Each service appointment restarts the clock on your Lemon Law claim, allowing the manufacturer to assert that the vehicle hasn’t yet experienced a “reasonable number” of repair attempts.
Steps to Take
- Maintain thorough documentation of all repairs, including work orders, technician observations, and dates of service.
- Do not accept unclear statements such as “no issue detected.”
- If the same problem arises multiple times, inform the manufacturer in writing that your vehicle may be classified as a potential lemon.
2. Delaying Written Communication or Documentation
“We’ll Be in Touch Shortly”
Manufacturers understand that verbal commitments are hard to substantiate. They may intentionally refrain from providing written updates or delay their email responses, hoping you’ll become impatient or forget to follow up.
Warning Signs
- Unreturned calls or vague messages stating “we’re still reviewing your case.”
- Requests for the same documents on multiple occasions.
- Assertions that your paperwork is “lost” or “incomplete.”
What You Can Do
- Retain copies of all correspondence, including emails and call records.
- After phone discussions, always follow up with a written summary of what was discussed.
- If they don’t reply within a reasonable period (for instance, 10 business days), send a formal demand letter that mentions your rights under the Lemon Law.
3. Offering “Goodwill” Repairs Instead of Admitting a Defect
The Hidden Motive Behind Goodwill Repairs
Manufacturers often offer “goodwill” or “courtesy” repairs outside warranty terms to appear cooperative. However, this tactic can undermine your Lemon Law claim.
Why It’s Risky
If you accept a goodwill repair, the manufacturer can argue that the issue was not covered by warranty—and therefore not eligible for Lemon Law protection.
Protect Yourself
- Ask for written confirmation that any goodwill repair does not waive your Lemon Law rights.
- Keep documentation showing that the defect occurred within the warranty period.
- Avoid signing any repair order containing liability waivers or disclaimers.
4. Requesting Unnecessary Inspections or Tests
Manufacturers often require additional tests, inspections, or evaluations by third parties before addressing a Lemon Law claim, which can significantly prolong the process by weeks or even months. Red flags to watch for include multiple inspections by various agents, assertions that the problem is unrepeatable, or claims that the issue falls within acceptable limits.
To mitigate these challenges, enlist an unbiased mechanic to confirm the defect and provide thorough documentation of the issue — video footage can be particularly compelling. If you experience further delays, consider elevating your complaint to your state’s consumer protection agency or seek legal advice to safeguard your rights.
5. Misleading You About Lemon Law Eligibility
The “You’re Not Eligible” Disclaimer
Certain manufacturers may deliberately provide misleading information regarding Lemon Law protections. They might downplay your issue as “minor” or assert that your vehicle is ineligible because it’s leased or slightly beyond the warranty period.
Don’t Be Misled
While Lemon Laws vary by state, many include protections for leased vehicles and cover defects that significantly affect safety, functionality, or value — not just complete failures.
Recommended Actions
- Investigate the specific Lemon Law standards in your state.
- Speak with a Lemon Law attorney before accepting any claims from the manufacturer about your eligibility.
- Avoid depending solely on insights from dealership staff.
6. Delaying Buyback or Refund Payments
“The Documentation is Still Under Review”
Even after a claim receives approval, some companies may procrastinate by postponing payment or the delivery of replacements. They might say they’re “awaiting approval” or “arranging logistics.”
Reasons for Delays
The longer your situation remains unresolved, the less motivated you may become to advocate for full compensation — especially if you’re incurring costs for a rental vehicle or alternative travel options.
How to Take Action
Ask for written verification of approval dates and anticipated timelines.
If payments are unduly delayed, consider submitting a bad faith complaint or pursuing legal enforcement.
You might also think about enlisting the help of your attorney or a state consumer affairs office to increase pressure.
7. Intimidation or Lowball Settlement Offers
Manufacturers may try to pressure you emotionally or financially, offering small settlements or suggesting your case isn’t strong enough to pursue. Red flags include statements like “you’ll never win in court” or settlement offers that require signing a confidentiality or waiver agreement.
To protect yourself, never accept a settlement without consulting a Lemon Law attorney. Compare the offer to your legal rights—refund, replacement, or full repair—and if it seems insufficient, request a written explanation of how the amount was determined.
How to Protect Yourself from Stalling Tactics
Knowing the tricks manufacturers use is only half the battle. The other half is building a strong, organized, and proactive case.
Maintain Detailed Records
Why Keeping Documentation is Crucial for Your Protection
Every email, repair order, and phone conversation can be used as proof of delays or uncooperative behavior. Well-organized records allow your lawyer or the court to easily identify patterns that indicate stalling.
Ensure you have:
- All service invoices and inspection documents
- Communication with the manufacturer or dealership
- Detailed notes from phone conversations, including names, dates, and results
Prefer Written Communication When Possible
Written correspondence creates a timestamped account that is difficult to contest. Try not to depend on phone calls for significant updates or agreements.
Pro Tip:
After every phone call, send a brief email summary:
“Following our conversation today, you confirmed that my vehicle’s repair order will be processed by next Friday under warranty. Please acknowledge receipt.”
3. Set Reasonable Deadlines
You are entitled to anticipate prompt responses. When you submit documents or submit requests, specify a clear deadline (such as 10 to 14 business days). This establishes a record indicating that the manufacturer has either overlooked or postponed your claim.
4. Consult a Lemon Law Attorney Early
The Importance of Legal Assistance
A knowledgeable Lemon Law lawyer can quickly identify tactics meant to prolong your case. Many of these attorneys operate on a contingency fee structure, which means they earn their payment only if you succeed — often with costs covered by the manufacturer.
Advantages of engaging legal help early on:
- Helps prevent missed deadlines
- Ensures that all necessary paperwork is completed correctly
- Increases pressure on manufacturers who are aware they are under scrutiny
Recognizing When to Take Further Action
Should the manufacturer continue to postpone your claim despite multiple attempts to communicate, it might be necessary to take more assertive steps.
Options for escalation include:
- Filing a complaint with your state’s attorney general’s consumer protection office
- Starting arbitration or civil court actions based on Lemon Law statutes
- Asking your attorney to pursue a bad faith claim due to intentional delays.
The Cost of Letting Manufacturers Stall
Extended delays can lead to significant expenses, jeopardizing legal timeframes, increasing repair costs, and incurring additional rental or depreciation fees.
Moreover, these delays may contribute to mental exhaustion, leading individuals to agree to unfavorable settlements. Recognizing and tackling tactics that cause such delays promptly is essential in protecting your financial interests and rights.
Manufacturers may have deep pockets, but Lemon Laws protect consumers from these evasive tactics. Consulting a Lemon Law attorney in San Diego early can help you recognize stalling strategies and strengthen your case.