Key takeaways
- A repair attempt is usually a visit where the vehicle was 'subject to repair' for a warranty defect by the manufacturer or its authorized dealer or service agent. Visits to an independent shop may not count toward a state presumption.
- Repeat-repair tests usually count visits for the same or substantially the same defect. Day-count tests often add up days for any warranty defect, and they usually don't have to be in a row.
- State statutes generally don't say how to count a 'could not duplicate' or 'no problem found' visit. A clear repair order showing your complaint is your strongest protection.
- The repair order is the core evidence. Check it for the date in and out, mileage, your complaint in your words and what the technician did, before you leave the dealer.
On this page
A repair attempt is usually any visit where an authorized dealer or the manufacturer had your vehicle for a warranty defect and tried, or had the chance, to fix it. Lemon laws count these visits to decide whether the manufacturer had a "reasonable number of attempts." So every trip to the service department is evidence, whether or not anything got fixed.
This page covers what usually counts, how "same defect" works, what to do about "no problem found" visits and how to document each one. For the overall rules, see how lemon laws work.
What counts as a repair attempt?
Most state laws count a visit when the vehicle was "subject to repair" for a warranty defect by the manufacturer or its authorized dealer or agent. Who did the work matters.
Florida counts repairs by the manufacturer or its authorized service agent (Fla. Stat. § 681.104(3)). It defines an authorized service agent as anyone, including a franchised dealer, whom the manufacturer has authorized to service its vehicles (§ 681.102). Ohio counts repairs by the manufacturer, its dealer or its authorized agent (Ohio Rev. Code § 1345.73(A)).
In general terms:
| Usually counts | May not count |
|---|---|
| Warranty visit to an authorized dealer for the defect | Repairs at an independent shop |
| Manufacturer field technician inspection or repair | Visits for routine maintenance only |
| A final repair attempt after written notice | Repairs you never reported to a dealer |
| Visits where the dealer inspected but found nothing (state-dependent) | Repairs of damage from an accident or abuse |
The federal Magnuson-Moss Warranty Act also uses the idea of "a reasonable number of attempts," and it lets the FTC define that number by rule for a full warranty (15 U.S.C. § 2304(a)(4)). It doesn't set a fixed count in the statute.
How do states count repair attempts?
States usually count in one of three ways: repeat repairs of one defect, repairs of a defect that could hurt someone, and total days in the shop. Meeting any one test is usually enough.
Ohio uses all three and adds a fourth. Within one year or 18,000 miles, Ohio presumes a reasonable number of attempts after three repairs of substantially the same defect, 30 calendar days out of service, eight repairs of any defects, or one repair of a defect likely to cause death or serious bodily injury (Ohio Rev. Code § 1345.73(A)).
Florida uses two tests within a 24-month rights period: three repairs of the same defect plus a final attempt after written notice, or 30 cumulative days out of service (60 for an RV) (Fla. Stat. § 681.104(3)). The numbers in your state may be higher, lower or worded differently. Check your state's page.
What does "same defect" mean?
For repeat-repair tests, the visits usually have to be for the same problem, or substantially the same one. Four visits for four unrelated problems usually won't add up under that test.
Ohio's wording is "substantially the same nonconformity" (Ohio Rev. Code § 1345.73(A)(1)). That leaves room for argument when one defect shows up in different ways. A faulty module might cause a warning light one month and a stall the next. Whether those count as the same defect usually depends on what the repair orders and technician notes say about the cause.
Two practical tips:
- Describe the symptom the same way each time. If you said "hesitates when accelerating" on visit one, use the same words on visit two, then add anything new.
- Ask what the dealer found. If the technician names a cause or a part, make sure it's on the repair order.
Day-count tests are different. Ohio's 30-day test counts days out of service by reason of repair, and its eight-repair test counts repairs of any defect (§ 1345.73(A)(2)-(3)). Florida's day test counts days out of service for repair of "one or more nonconformities" (Fla. Stat. § 681.104(3)(b)).
What about "no problem found" or "could not duplicate" visits?
This is one of the most common problems in lemon law cases, and state statutes generally don't answer it directly. The safest approach is to make the record so clear that it doesn't matter.
Intermittent problems are hard to reproduce on a short test drive. The dealer may write "could not duplicate" or "no problem found" and hand back the keys. Whether that visit counts toward a presumption depends on your state's wording and how courts or arbitrators there have read it. Many statutes count times the vehicle was "subject to repair," which arguably covers an inspection for your complaint.
What you can do:
- Record the problem. Video of the warning light, the noise or the stall, taken safely and with a timestamp, is strong evidence.
- Write down when it happens. Speed, temperature, how long you'd been driving.
- Ask for a ride-along with the technician so you can point out the problem.
- Make sure your complaint is on the repair order even when no work was done.
- Don't skip a visit because you expect "no problem found." Visits you don't make can't count at all.
Our guide on what to say at the dealership has more on this.
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.
How to count days out of service
Count calendar days from the date the vehicle went in to the date it came out, using each repair order. In most day-count tests, separate visits add together.
Ohio and Florida both use cumulative totals (Ohio Rev. Code § 1345.73(A)(2); Fla. Stat. § 681.104(3)(b)). Florida excludes downtime for routine maintenance prescribed by the owner's manual. Florida also requires written notice to the manufacturer by registered or express mail once the vehicle has been out of service for 15 or more days, so the manufacturer has a chance to inspect or repair it (§ 681.104(1)(b)).
Both states extend the time when repairs aren't available because of events like war, strikes, fire, flood or natural disaster (Ohio Rev. Code § 1345.73(B)(1); Fla. Stat. § 681.104(3)).
A simple log helps:
| Visit | Date in | Date out | Days | Mileage | Complaint | Result |
|---|---|---|---|---|---|---|
| 1 | ||||||
| 2 | ||||||
| 3 |
How to document every repair visit
The repair order is the most important document in a lemon law claim. Check it before you leave the dealership.
Every repair order should show:
- the date in and date out;
- the mileage in and out;
- your complaint, in your own words;
- what the technician found and did, including any parts or service bulletins;
- the dealer's name and the repair order number.
Keep your maintenance records, too. The FTC says a manufacturer can ask for them when you make a warranty claim, and missing records can lead to a denied claim (FTC, Auto Warranties and Auto Service Contracts). Federal warranty law lets a warrantor refuse a remedy when the defect came from unreasonable use, including skipping reasonable and necessary maintenance (15 U.S.C. § 2304(c)).
Our step-by-step guide to documenting repair visits includes a printable checklist.
What happens after the last repair attempt?
Once you meet a repair test, the next step in many states is written notice to the manufacturer and one final repair chance. Florida requires this after three repairs of the same defect (Fla. Stat. § 681.104(1)(a)).
Repairs reported in time can keep counting, too. Ohio requires the manufacturer to make repairs for a defect reported within its protection period even when the work happens after the period ends (Ohio Rev. Code § 1345.72(A)). See notice to manufacturer and keep an eye on the deadlines.
Frequently asked questions
What counts as a repair attempt under a lemon law?
Generally, a visit where the vehicle was subject to repair for a warranty defect by the manufacturer or its authorized dealer or agent. Florida's statute counts repairs by the manufacturer or its authorized service agent, which it defines to include franchised dealers (Fla. Stat. §§ 681.102, 681.104(3)). Ohio's counts repairs by the manufacturer, its dealer or its authorized agent (Ohio Rev. Code § 1345.73(A)). The visit should produce a repair order that shows your complaint and what was done.
Does a 'no problem found' visit count as a repair attempt?
It depends on your state and the facts, and state statutes generally don't answer it directly. Many statutes count times the vehicle was 'subject to repair,' which arguably includes a visit where the dealer inspected the vehicle for your complaint. What you can control is the record. Make sure the repair order lists your complaint in your words, the date and mileage, and what the technician checked. If the problem shows up only sometimes, record it on video when it's safe to do so.
Do repairs for different problems add up?
Under the repeat-repair test, usually not. That test often requires the same or substantially the same defect. Ohio's law, for example, counts repairs of 'substantially the same nonconformity' (Ohio Rev. Code § 1345.73(A)(1)). But other tests may combine different defects. Ohio also presumes a reasonable number of attempts after eight or more repairs of any nonconformity, and its 30-day test counts days out of service for repair in general (§ 1345.73(A)(2)-(3)).
Do the days out of service have to be in a row?
Usually not. Day-count tests in states like Ohio and Florida use a cumulative total, so days from separate visits add together (Ohio Rev. Code § 1345.73(A)(2); Fla. Stat. § 681.104(3)(b)). Florida excludes downtime for routine maintenance prescribed by the owner's manual. Both states extend the time when repairs can't be made because of events like war, strikes, fire, flood or natural disaster. Count calendar days from the date in to the date out shown on each repair order.
Do repairs at an independent mechanic count?
Often not toward a state presumption, because most statutes count repairs by the manufacturer or its authorized dealers or agents. Florida's definition of authorized service agent, for example, means someone the manufacturer has authorized to service its vehicles (Fla. Stat. § 681.102). An independent shop's invoice can still help show the symptoms existed. For warranty defects, go to an authorized dealer for your brand and get a repair order each time.
What should be on a repair order?
At minimum: the date the vehicle went in and the date it came out, the mileage, your complaint in your own words, the technician's findings and the work done, and any part numbers or technical service bulletins mentioned. Ask for a copy every time, even when no work was done. If the service advisor writes your complaint in vague terms, ask them to correct it before you sign. Keep all repair orders together with your purchase papers and warranty booklet.
What if the dealer refuses to write up a repair order?
Ask again, politely and in writing if needed. A short email to the service manager that lists the date, mileage and your complaint creates a record of the visit. You can also report the problem directly to the manufacturer's customer relations line and write down the case number. If the dealer won't document the visit at all, take that as a sign to send written notice to the manufacturer and to talk to a lawyer about your state's rules.