New Car Problems Checklist: From Delivery Day to a Lemon Law Claim

Written by Gregory R. Jacobs Last updated 8 min read

Key takeaways

  • Report a defect to an authorized dealer as soon as you notice it. Lemon law time windows usually run from the delivery date, such as 24 months in Florida (Fla. Stat. § 681.102).
  • Get a repair order every time the vehicle goes in, even when the shop finds nothing. Some states require an itemized one after each warranty visit (Fla. Stat. § 681.103(4); RCW 19.118.031(5)).
  • Check your VIN for open recalls at nhtsa.gov/recalls. A recall repair is still a repair visit.
  • When the same defect comes back, send written notice to the manufacturer and keep proof of delivery. Many states require it.
  • Talk to a lawyer before you sell, trade in or sign a release on the vehicle.
On this page
  1. What should I do on delivery day?
  2. What should I do when the first problem shows up?
  3. What should I do at each repair visit?
  4. What should I do when the same problem comes back?
  5. What should I keep doing the whole time?
  6. When should I talk to a lawyer?
  7. Frequently asked questions

Use this checklist from the day you take delivery. Report problems early, get a repair order every time, keep every paper, and send written notice when a defect keeps coming back. Each step below has a box you can tick. Print it and keep it with your warranty booklet.

The rules that decide a lemon law claim vary by state. This list follows the habits that help in most of them. For your state's deadlines and repair counts, see your state lemon law page.

What should I do on delivery day?

Check the vehicle before you leave the lot, and leave with every paper. Problems that are written down on day one are hard to dispute later.

  • [ ] Walk around the vehicle in good light. Look for paint damage, dents, panel gaps and glass chips.
  • [ ] Test every light, screen, camera, sensor and warning chime.
  • [ ] Photograph the odometer and the VIN plate.
  • [ ] Get the signed purchase or lease contract and the buyer's order.
  • [ ] Get the warranty booklet and owner's manual, or confirm where to find them online.
  • [ ] Keep the window sticker.
  • [ ] Get any fixes the dealer agreed to written on a "due bill" or "we owe" form, signed by the dealer.
  • [ ] Keep any written statement of your lemon law rights the dealer hands you. Florida and Washington both require dealers to give one at the time of sale (Fla. Stat. § 681.103(3); RCW 19.118.031(2)).

What should I do when the first problem shows up?

Report it to an authorized dealer right away, and write down what happened. Early reports protect your time window.

Lemon law windows usually start at delivery. Florida's "Lemon Law rights period" ends 24 months after delivery (Fla. Stat. § 681.102). Washington's "eligibility period" ends two years after delivery or at 24,000 miles, whichever comes first (RCW 19.118.021(6)). Florida's law also says that if you first report the problem during its window, the manufacturer must make the needed repairs even after the window ends (Fla. Stat. § 681.103(1)).

  • [ ] Write down the date, time, mileage, weather and what you were doing when it happened.
  • [ ] Take a photo or short video, safely. Pull over first, or have a passenger film.
  • [ ] Photograph any warning light with the odometer in the frame.
  • [ ] Call an authorized dealer and book a visit. Note the date you called and who you spoke with.
  • [ ] Check your VIN for open recalls at nhtsa.gov/recalls.

What should I do at each repair visit?

Describe the problem clearly, and leave with a repair order. Every visit is a record, even a visit where nothing gets fixed.

  • [ ] Describe the symptom in plain words: what, when, how often. See what to say at the dealership.
  • [ ] Read the repair order before you sign it. Make sure your complaint is written the way you said it.
  • [ ] Ask for a test drive with a technician if the problem comes and goes.
  • [ ] Get a copy of the repair order when you drop off the vehicle.
  • [ ] Get the final repair order when you pick it up. It should show the date in, the date out, the mileage, the diagnosis and the work done.
  • [ ] Get a copy even if the shop says "could not duplicate" or "no problem found."
  • [ ] Write down how many days the vehicle was at the shop.
  • [ ] If you're given a loaner or rental, keep the paperwork.

Some states make the itemized repair order mandatory. Florida requires one after each warranty exam or repair, listing any test drive and its approximate length, the diagnosis, the work done, the problem you reported, the date and mileage in, and the date the work was finished (Fla. Stat. § 681.103(4)). Washington requires dealers to give a similar statement (RCW 19.118.031(5)). Our guide on how to document repair visits has a log you can copy.

Questions about your vehicle's repair history?

Tell us what has happened with your vehicle. A member of our team will look at your dates and repair orders with you. Reaching out does not create an attorney-client relationship.

What should I do when the same problem comes back?

Keep reporting it, and put it in writing to the manufacturer. A defect that survives several repairs is what most lemon laws are built around.

  • [ ] Take it back to an authorized dealer each time. Don't switch to an independent shop for warranty problems.
  • [ ] Use the same words to describe the problem each visit, so the repair orders line up.
  • [ ] Count your repair visits for this defect and your total days out of service.
  • [ ] Find the manufacturer's address for notices in your warranty booklet or owner's manual. Florida requires manufacturers to list it there (Fla. Stat. § 681.103(2)).
  • [ ] Send written notice of the defect to the manufacturer. Use a method with proof of delivery, and keep a copy. See notice to the manufacturer.
  • [ ] If the manufacturer offers a final repair attempt, take the vehicle in and get a repair order for that visit too.
  • [ ] Check your state's repair-attempt and days-out-of-service rules. See repair attempts.

Federal warranty law also expects you to give the warrantor a chance to fix things. Under the Magnuson-Moss Warranty Act, a warrantor must get a reasonable opportunity to cure before a consumer sues over a warranty (15 U.S.C. § 2310(e)).

What should I keep doing the whole time?

Keep up the maintenance and keep your file in one place. Gaps in either can give a manufacturer an argument.

  • [ ] Do the scheduled maintenance on time and keep receipts. Under a full warranty, a warrantor doesn't owe repairs for damage from unreasonable use, which includes skipping reasonable and necessary maintenance (15 U.S.C. § 2304(c)).
  • [ ] Keep every repair order, receipt, email and text in one folder, paper or digital.
  • [ ] Don't modify the vehicle while the defect is unresolved.
  • [ ] Watch your deadlines. See lemon law deadlines.

When should I talk to a lawyer?

When a defect has come back after repair, when the vehicle has spent a long time in the shop, or before you make any big decision about it.

  • [ ] The same defect has gone in for repair more than once.
  • [ ] The defect affects safety, such as brakes, steering, power loss or a fire risk.
  • [ ] The vehicle has been out of service for many days.
  • [ ] The manufacturer offered a "goodwill" payment, extended warranty or settlement and wants a signature.
  • [ ] You're thinking about selling or trading in the vehicle. Read selling or trading in a lemon first.
  • [ ] A deadline in your state is getting close.

Many lemon laws, and the federal Magnuson-Moss Warranty Act, let a consumer who wins recover reasonable attorney's fees from the manufacturer; we explain exactly how fees work in your case before you sign anything. To see whether your vehicle may fit, start with do I qualify.

Frequently asked questions

What should I check when I take delivery of a new car?

Walk around the vehicle in daylight and look for paint damage, panel gaps, chips in the glass and anything loose. Check that every light, screen, camera and safety warning works. Write down the odometer reading and take a photo of it. Make sure you leave with the purchase or lease contract, the warranty booklet and the window sticker. If you notice anything wrong, get it written on a 'due bill' or 'we owe' form before you drive away, and keep a copy.

How soon should I report a problem with a new car?

Right away. Lemon laws usually give you a limited window that starts at delivery. Florida's lasts 24 months from delivery, and Washington's lasts two years or 24,000 miles, whichever comes first. Florida's law says that if you first report the problem to the manufacturer or its authorized service agent during that window, it must make the needed repairs even if they happen after the window ends. Waiting to see if a problem goes away can cost you time you won't get back.

Does it count if the dealer says they couldn't find anything wrong?

It can. A visit where the shop couldn't reproduce the problem still shows that you reported it on a specific date and mileage. That's why you should get a repair order every time, even when no work was done. Florida's law requires the repair order after a warranty exam to list any test drive and its approximate length, any diagnosis, and a description of the problem you reported. Ask for the same details in any state.

Do I have to notify the manufacturer, or is telling the dealer enough?

In many states, telling the dealer isn't enough. Many lemon laws require written notice to the manufacturer and a final chance to repair before you can get a refund or replacement. The address is usually in your warranty booklet or owner's manual. Florida requires manufacturers to list their zone, district or regional office address and phone number in the warranty or owner's manual. Send the notice by a method that gives you proof of delivery and keep a copy.

When should I call a lawyer about my new car?

Once the same problem has gone back for repair more than once, or the vehicle has been in the shop a long time, it's worth getting a review. Do it sooner if the defect affects safety, like brakes, steering or a fire risk. Call before you sign any release, accept a 'goodwill' offer, or sell or trade the vehicle. Many lemon laws, and the federal Magnuson-Moss Warranty Act, let a consumer who wins recover reasonable attorney's fees from the manufacturer; we explain exactly how fees work in your case before you sign anything.

Should I keep driving a car with a defect?

That depends on the defect. If it affects safety, such as brakes, steering, sudden power loss or a fire warning, stop driving and ask the dealer or manufacturer about towing to an authorized repair facility. For problems that don't affect safety, you can usually keep driving while you document the issue. Either way, keep doing the scheduled maintenance. Under federal warranty law, a warrantor doesn't owe full-warranty repairs for damage caused by unreasonable use, including skipped reasonable and necessary maintenance.

Gregory R. Jacobs

About the author

Gregory R. Jacobs, Attorney

State Bar of Texas No. 10517300 · Verify on texasbar.com

Gregory R. Jacobs is a Texas-licensed attorney (State Bar of Texas No. 10517300, licensed 1980) and the responsible attorney for SkyRidge Law P.C.

Sources

  1. Fla. Stat. § 681.102 (definitions: Lemon Law rights period)
  2. Fla. Stat. § 681.103 (manufacturer's duty to conform; repair order contents)
  3. RCW 19.118.021 (Washington definitions: eligibility period)
  4. RCW 19.118.031 (Washington: written statement of rights; itemized repair statement)
  5. 15 U.S.C. § 2304 (federal minimum standards for full warranties)
  6. 15 U.S.C. § 2310 (remedies; opportunity to cure)
  7. 49 U.S.C. § 30120 (recall remedies without charge)
  8. NHTSA, Safety Issues and Recalls (VIN lookup)

Questions about your vehicle's repair history?

Tell us what has happened with your vehicle. A member of our team will look at your dates and repair orders with you. Reaching out does not create an attorney-client relationship.

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