When you buy a new car you expect reliability, not total engine failure during traffic. Yet that’s what happened to one plaintiff in a recent California case. Within months of buying a new Nissan Versa, her car began stalling while she was driving, failed to restart, and malfunctioned electrically.
The ninety year-old plaintiff took her Versa to an authorized Nissan dealership multiple times for warranty repair. Technicians test-drove the vehicle, inspected the wiring, checked for software updates, and scanned for diagnostic trouble codes. But each time, the dealership returned the vehicle unrepaired with a “cannot duplicate” note.
Under the Song-Beverly Act, a manufacturer is required to repurchase or replace a vehicle when it cannot repair an intermittent defect after a reasonable number of attempts. If you’ve experienced repeated Nissan Versa stalling, or think you have a lemon, you have rights. Here’s what you need to know about California lemon law and no-code defects.
When a dealer says ‘We can’t duplicate the problem’
When drivers report an intermittent defect, they’re often told technicians failed to duplicate the problem or no diagnostic code was found. But this only means the vehicle didn’t malfunction during the inspection.
To diagnose a defect like sudden stalling, dealerships heavily rely on the car’s On-Board Diagnostics (OBD) system. If a fault code isn’t stored and the technician can’t replicate the stalling, they often hand back the keys with a “cannot duplicate” note.
But many defects happen only after certain driving times, high electrical loads, at a specific temperature, or in conditions the dealership can’t reproduce during a quick test drive.
Another major issue is when technicians clear diagnostic codes. Dealerships frequently attempt to resolve a complaint by:
- Performing a software update
- Clearing the existing OBD-II codes
- Resetting the vehicle’s modules
If the warning light turns off temporarily, the dealer marks the repair as successful. However, if the underlying mechanical or software defect continues, a code will eventually trigger again. However, each visit where a code is cleared for the same persistent problem counts as a formal repair attempt.
The Song-Beverly Act and diagnostic codes
Under California lemon law, a defect doesn’t need to throw a diagnostic code to qualify a car as a lemon. What matters is whether a persistent defect substantially impairs the use, value, or safety of the vehicle.
For severe safety defects like sudden power loss, California typically considers two or more repair attempts to be a reasonable opportunity for the manufacturer to fix it before it qualifies for a buyback or replacement.
Repair documentation
Even if technicians write “cannot duplicate” on your invoice, it counts as official repair attempt documentation. Therefore, it’s important to:
- Keep every repair order
- Document the issues with photos or video
- Track your financial records
- Ask for a code printout before the system is cleared
- Get an independent third party inspection
Also keep your original purchase contract, registration, and all monthly payment receipts organized. If your case triggers a buyback, the manufacturer must refund your down payment, loan payments, and the remaining loan balance.
Vulnerable consumers and lemon law: Heightened safety concerns
If a manufacturer fails to replace or refund a defective vehicle, the law allows for a willful violation claim. In the plaintiff’s case, Nissan was given multiple opportunities to investigate the dangerous defect, yet her Versa remained unrepaired and no Nissan repurchase was provided.
In willful violation cases, consumers can be awarded a civil penalty of up to two times the actual damages. This includes the vehicle repurchase, incidental costs, and attorney’s fees.
“Willful” doesn’t require proof of bad faith or malicious intent. It simply means an automaker (or its dealership) knew of its legal obligation to buy back or replace a vehicle, but intentionally refused to do so.
Has a dangerous defect caused you emotional distress or put a loved one’s elderly driver safety at risk? When a new car stalls in traffic without warning, it creates a serious roadside stranding risk that leaves a driver exposed in an intersection, on a freeway, or in fast-moving traffic.
But don’t wait for the manufacturer to do the right thing. If they refuse to buy back or replace your defective car, lemon law attorney Brennan Law can help. Let us review your case for free and get the compensation you deserve.