Lemon Law Dealership vs Manufacturer: Who Is Responsible?

Dealer vs manufacturer: who does what?

The dealer and the manufacturer have very different roles in a lemon law claim. This table sets them side by side.

Responsibilities
Task	Manufacturer	Dealer
Repurchase or replacement under the lemon law	Yes	No
Warranty repairs	Pays for them	Performs them
Receiving written lemon law notice	Yes	Copy only
Dealer’s own written warranty on a used car	—	Yes
Implied warranty on a used car the dealer warranted	—	Yes (for example Cal. Civ. Code § 1795.5)
Buyers Guide on used cars	—	Yes (FTC Used Car Rule)
Sales misrepresentation	—	Yes, under state consumer law

Why the manufacturer, not the dealer, buys the car back

The lemon law enforces the manufacturer’s warranty. The dealer is the manufacturer’s authorized repair shop, so its repair attempts count against the manufacturer. That is also why notice must go to the manufacturer: a complaint left at the service desk often never reaches the people who decide buybacks.

Who to contact for each problem

Knowing who handles which problem saves time. Use this as a guide.

Where to take each problem
Problem	Contact first	Then
A warranty defect keeps coming back	Dealer service department (get a repair order)	Manufacturer customer care, then written notice
You meet your state’s lemon law test	Manufacturer, in writing	State program, arbitration or court
The dealer refuses warranty work	Manufacturer customer care, with the case number	Another authorized dealer
A used car breaks right after an as-is sale	The dealer, about any written warranty or service contract	Your state attorney general
The dealer misrepresented the car	The dealer, in writing	Your state attorney general or an attorney

When is the dealer responsible instead?

For used cars, some states put the duty on the dealer instead. Under New York’s used-car lemon law, the dealer must repair covered defects for free and, if a defect that substantially impairs value is not fixed, take the car back and refund the price, sales tax and fees. Massachusetts lets used-car buyers bring a dealer to arbitration if the dealer will not refund or replace a qualifying car.

What to do if the dealer will not write a repair order

If a dealer will not give you a repair order, the visit is hard to prove. Here is what to do.

Ask for a written repair order or a dated invoice for the visit, even if no work was done.
Write your complaint down, date it and give a copy to the service writer; keep one yourself.
Call the manufacturer’s customer care line, report the visit and record the case number.
Try another authorized dealer if the first one refuses warranty work.

Florida’s Attorney General, for example, reminds owners that service agents must give a written, legible repair order each time a vehicle is brought in for warranty service.

What the law requires of car dealers

Official sources set out a number of duties that fall on dealers themselves.

Dealer obligations found in official sources
Rule	Where	Source
Post a Buyers Guide on used cars saying “as is” or with a warranty	Nationwide	FTC Used Car Rule
Give a signed disclosure when reselling a lemon law buyback	California	California DMV
Do not advertise a lemon law buyback as “certified”	California	California DMV
Give a written warranty on qualifying used cars, and refund if a covered defect is not fixed	New York	New York Attorney General
Anyone selling more than three cars a year is treated as a dealer	Massachusetts	Mass.gov

How to work with the dealer and the manufacturer

Working well with both the dealer and the manufacturer keeps your claim on track.

Ask the dealer for a repair order every visit, with your exact complaint and the mileage.
Write to the manufacturer at the address in the warranty booklet once you meet your state’s test.
Call the manufacturer’s customer care line and write down the case number.
If one dealer cannot fix the defect, you can usually try another authorized dealer; every visit still counts.

Write the notice with the manufacturer notice letter tool, then check if the manufacturer owes you a buyback.

Frequently asked questions

Can I sue a dealership under the lemon law?

State lemon laws place the repurchase duty on the manufacturer. A dealer can be responsible for its own warranties, implied warranties and misrepresentations under other laws.

Should I send my lemon law letter to the dealer?

No. Send it to the manufacturer at the address in your warranty booklet or owner’s manual. You may give the dealer a copy.

Do repairs at different dealers count?

Yes. Repairs by any of the manufacturer’s authorized dealers count as repair attempts, as long as each visit has a repair order describing the defect.

What happens if a dealership sells you a lemon?

For a new car, the manufacturer is responsible under the lemon law. For a used car, the dealer can be responsible under its own warranty, implied warranties, a state used-car law or fraud law.

Is a manufacturer buyback the same as a lemon?

Usually it means the car was reacquired because of a warranty defect. California brands such titles “Lemon Law Buyback” and requires a signed disclosure to the next buyer.

Can a dealer refuse to fix my car under warranty?

A dealer authorized by the manufacturer performs warranty repairs on the manufacturer’s behalf. If one dealer refuses, call the manufacturer’s customer care line, record the case number and take the car to another authorized dealer.

Who pays for repairs while my lemon law claim is open?

Covered warranty repairs stay free. Michigan and New York both say that if you reported the problem during the warranty, the defect must be repaired even after the warranty expires.

Should I complain to the dealer or the manufacturer first?

Start with the dealer for each repair, so you get repair orders. Go to the manufacturer, in writing, once the defect keeps coming back or you meet your state’s test.

Can I take my car to a different dealer for repairs?

Yes, to any dealer the manufacturer authorizes for warranty work. Each visit counts as a repair attempt as long as you get a repair order describing the defect.

Sources

Checked on October 12, 2026. Read how we verify every rule in our editorial policy.

Dealer vs Manufacturer: Who Is Responsible Under the Lemon Law?