Lemon Law – Common Defenses
Common Defenses in Lemon Law Cases – And How to Win Against Them
When you file a Lemon Law claim, the manufacturer’s attorneys will almost always fight back. Here are the most common arguments they use — and how we counter them for our clients.
1. “It’s Not a Substantial Defect”
What They Claim:
The problem doesn’t seriously affect the vehicle’s use, value, or safety — it’s just an “annoyance.”
How to Win:
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Prove impact on safety (e.g., stalling, braking issues, airbag warning lights).
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Show loss of value through appraisals or diminished trade-in offers.
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Document loss of use (e.g., rental cars, missed work, travel delays).
2. “You Didn’t Give Us Enough Repair Attempts”
What They Claim:
The vehicle hasn’t been in the shop enough times to meet the Lemon Law standard.
How to Win:
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Use repair orders to show the same defect was addressed repeatedly — even if coded differently.
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Combine days out of service with repair attempts (many laws allow either test).
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Show “good faith” — you promptly reported problems each time.
3. “It’s Normal Wear and Tear”
What They Claim:
The issue is just part of normal vehicle aging, not a defect.
How to Win:
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Compare your mileage and age to industry norms — premature failure is strong evidence.
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Use technical service bulletins (TSBs) to prove the manufacturer knows it’s a defect.
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Have an independent expert testify that the failure is abnormal.
4. “You Misused or Modified the Vehicle”
What They Claim:
Aftermarket parts, racing, poor maintenance, or abuse caused the defect.
How to Win:
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Produce maintenance records showing proper care.
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Show defect occurred before any modifications.
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Have experts rule out misuse as a cause.
5. “We Fixed It”
What They Claim:
The defect no longer exists, so there’s no claim.
How to Win:
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Show repeated recurrence after so-called fixes.
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Provide evidence of multiple component replacements without resolution.
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Highlight that the law covers prolonged or repeated downtime, not just an active defect.
6. “The Problem Isn’t Covered by Warranty”
What They Claim:
Your defect falls outside the scope or time period of the warranty.
How to Win:
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Argue Magnuson-Moss Warranty Act coverage if within warranty period.
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Show you reported the defect while under warranty (even if repair was later).
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Prove related failures are covered components (e.g., electronics causing engine issues).
7. “You Didn’t Give Proper Notice”
What They Claim:
You didn’t follow the correct process (e.g., certified letter, final repair attempt).
How to Win:
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Produce dated correspondence to manufacturer.
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Show repair visits serve as notice under the law.
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If they had actual knowledge of the defect, procedural defenses may fail.
8. “You Waited Too Long” (Statute of Limitations)
What They Claim:
Your claim is barred because you filed too late.
How to Win:
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Show that the defect reappeared within the limitations period.
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Use “discovery rule” arguments — you didn’t know the true nature of the defect until later.
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File Magnuson-Moss claims (often longer limitations than state Lemon Laws).
Winning Strategy: Building an Unshakable Case
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Gather Every Repair Order — Keep originals; note mileage and dates.
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Track Days Out of Service — Even for different issues.
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Take Photos/Videos — Prove recurring problems visually.
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Request Service History Printouts — Dealers keep more than they give you.
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Know Both State & Federal Law — Combine Lemon Law, Magnuson-Moss, and consumer fraud claims for leverage.
How to Prove Aftermarket Parts and Modifications Are NOT the Problem
Manufacturers often try to deny Lemon Law or warranty claims by saying aftermarket parts (non-OEM) or vehicle modifications caused the defect.
But in most cases, they must prove this — and you can take steps to show they’re wrong.
1. Know the Law – Burden of Proof
Under the Magnuson-Moss Warranty Act and most state Lemon Laws:
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A manufacturer cannot automatically void your warranty just because you installed aftermarket parts or made modifications.
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They must prove the modification directly caused or contributed to the defect you’re claiming.
Example:
If you installed a custom stereo and your transmission fails, they can’t blame the stereo unless they prove it caused the transmission failure.
2. Document the Timeline
To show your modifications aren’t the cause:
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Keep receipts for any aftermarket parts or upgrades.
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Note dates when modifications were made.
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Compare to:
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Purchase date
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First appearance of the defect
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If the defect existed before the modification, it’s strong proof the mod isn’t to blame.
3. Highlight Unrelated Systems
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Use your owner’s manual or a simple component guide to show the mod affects a different system than the defect.
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Example:
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Lift kit affects suspension geometry.
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Engine oil consumption is unrelated to suspension changes.
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4. Get an Independent Expert Opinion
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A certified mechanic can:
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Inspect the vehicle
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Test affected systems
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Confirm the defect would exist even without the modification
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Written reports and testimony carry weight in court or arbitration.
5. Leverage Service Records
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If your dealer performed warranty work after the modification without issue, it suggests they didn’t believe the mod caused problems.
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Multiple repair attempts on the same defect before and after the modification show it’s unrelated.
6. Watch for “Blanket Blame”
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Manufacturers sometimes issue internal memos telling dealers to deny coverage if they see any mods — even without proof.
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In litigation, your attorney can subpoena:
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Technical Service Bulletins (TSBs)
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Dealer communications
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Internal engineering reports
to expose this tactic.
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7. Keep Your Case Focused
When facing a mod-related defense:
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Acknowledge the mod exists.
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Clearly explain (with expert help if needed) why it cannot cause the defect.
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Shift the focus back to:
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The repeated repair failures
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The manufacturer’s duty to honor the warranty
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Pro Tip for Consumers
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Before modifying your vehicle, consider:
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Waiting until the main warranty period ends.
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Using parts that meet or exceed OEM specifications.
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Documenting installation by a reputable shop.
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