You’ve bought a new car, but it’s spending more time in the repair shop than your driveway. Frustration builds. You’re considering legal help—but before you call a lemon law attorney, there are a few things you shouldn’t do. Avoid making these mistakes.

At our firm, we see too many cases where consumers unknowingly damage their own lemon law claims by taking the wrong steps early on. The good news? These mistakes are avoidable. Here are the top 5 mistakes we see—and how to make sure you’re in the best position to get the refund or replacement you deserve.

1. Not Keeping Repair Records

The Mistake:
Tossing service records, invoices, or repair orders.

Why It Hurts Your Case:
Under California’s lemon law, your claim relies heavily on documentation—especially repair orders and work invoices showing what the dealer did (or didn’t do) to fix the problem.

What to Do Instead:
Every time your vehicle goes in for repairs, make sure you leave with:

  • A repair order when you drop it off

  • A repair invoice when you pick it up
    Review both for accuracy. If something’s missing (like the issue you reported), ask for it to be corrected in writing.

2. Giving the Dealer Unlimited Chances to “Try Again”

The Mistake:
Allowing repair after repair for the same issue—without asking questions or setting limits.

Why It Hurts Your Case:
California’s lemon law doesn’t require an endless number of repair attempts. If the same problem keeps happening after a reasonable number of tries, the law may entitle you to a refund or replacement. But if you keep going back without taking legal action, the manufacturer may argue that you were satisfied with the service.

What to Do Instead:
Once you’ve had 2+ repairs for a serious safety issue, or 4+ repairs for any other recurring issue, it’s time to talk to a lemon law attorney.

3. Accepting Verbal Assurances Without Written Proof

The Mistake:
Trusting the dealer or manufacturer when they say, “We’ll take care of it later.”

Why It Hurts Your Case:
Verbal promises are rarely enforceable. Manufacturers often delay or deny claims later, even if someone at the dealership gave you their word.

What to Do Instead:
Get everything in writing—especially promises about buybacks, repairs, or timelines. If they won’t put it in writing, that’s a red flag.

4. Trying to Handle the Claim Yourself First

The Mistake:
Filing a lemon law claim directly with the manufacturer before consulting an attorney.

Why It Hurts Your Case:
You might unintentionally say something that weakens your claim, agree to a lowball offer, or miss key deadlines. Some manufacturers even pressure consumers into signing releases that prevent them from pursuing a stronger case later.

What to Do Instead:
Speak with a lemon law attorney first. In California, legal fees are paid by the manufacturer if you win—so you have nothing to lose by getting legal help upfront.

5. Waiting Too Long to Take Action

The Mistake:
Letting the months slip by while you hope the problem goes away.

Why It Hurts Your Case:
California has a statute of limitations on lemon law claims. The longer you wait, the harder it becomes to gather records, recall details, or prove the issue started during the warranty period.

What to Do Instead:
If your car still isn’t fixed after a few repair attempts—or the issue keeps coming back—reach out to a lemon law attorney as soon as possible. Timing matters.


A strong lemon law case starts with smart decisions early on. Avoiding these five common mistakes can make the difference between a rejected claim and a full refund or vehicle replacement.

Have questions about your situation? We offer free case evaluations, and we only get paid if we win. Let’s talk before the dealer tries to talk you out of your rights.

📞 855-965-3666 to get started.