California’s Lemon Law does not require a vehicle to be completely inoperable to qualify for protection. Instead, the law focuses on whether the car contains a “nonconformity” that the manufacturer cannot repair within a reasonable number of attempts.
For many consumers, this term sounds technical and abstract. In practice, it is one of the most essential concepts in a lemon law case.
Understanding what qualifies as a nonconformity, and how it is evaluated under California law, helps owners recognize when ongoing problems are more than simple inconveniences and rise to the level of a legal defect.
The Legal Meaning of “Nonconformity”
Under California’s Song-Beverly Consumer Warranty Act, a nonconformity is a defect, condition, or malfunction that fails to conform the vehicle to the manufacturer’s express warranties.
This does not require a complete breakdown. It requires that the vehicle not perform as promised.
A nonconformity exists when the defect substantially impairs:
- The vehicle’s use.
- The vehicle’s value.
- The vehicle’s safety.
If any one of these categories is materially affected, the legal standard may be met.
Use Impairment and Nonconformity
Use impairment focuses on how the defect affects the vehicle’s regular operation and reliability. Even when a car remains drivable, a defect may still limit how reasonably the vehicle can be used.
Examples of use-related nonconformities include:
- Repeated stalling, hesitation, or loss of power.
- Inconsistent shifting or drivability behavior.
- System failures that disrupt daily driving functions.
- Features that intermittently stop working.
- Persistent performance irregularities.
When a driver cannot rely on the vehicle to operate consistently, use may be substantially impaired.
Value Impairment and Nonconformity
Value impairment examines whether the defect reduces the vehicle’s market value, regardless of whether it still functions.
Value-based nonconformities commonly involve:
- Recurring warning lights.
- Electronic or software malfunctions.
- Safety system errors.
- Persistent noises, vibrations, or fit-and-finish defects.
- Documented reliability concerns.
If a reasonable buyer would pay less because the defect exists, the vehicle’s value may be substantially impaired under the law.
Safety Impairment and Nonconformity
Safety impairment does not require an accident or complete system failure. It focuses on whether the defect creates risk or uncertainty in the vehicle’s operation.
Safety-related nonconformities often include:
- Brake, steering, or suspension irregularities.
- Airbag or restraint system warnings.
- Driver-assistance system failures.
- Electrical faults affecting critical systems.
- Warning lights tied to safety functions.
Unpredictability itself can constitute a safety impairment.
Minor Defects Can Still Be Nonconformities
A common misconception is that only major mechanical failures qualify. In reality, modern vehicles rely heavily on electronic and software systems, and even seemingly minor defects can have significant legal consequences.
Repeated glitches, intermittent failures, and persistent system warnings often meet the nonconformity standard, particularly in high-end or technology-driven vehicles.
The law measures the impact of the defect, not just its size.
The Role of Repair Attempts
A nonconformity becomes actionable when the manufacturer has been given a reasonable opportunity to repair it and has failed to do so.
This typically involves:
- Multiple repair visits for the same issue.
- Temporary fixes that do not last.
- Software updates that do not resolve the problem.
- “No problem found” repair outcomes despite ongoing symptoms.
- Extended time in the shop.
The pattern of unsuccessful repairs is often more important than any single visit.
How to Document Nonconformity
Adequate documentation strengthens a Lemon Law claim and helps demonstrate the defect’s existence and impact.
Owners should:
- Clearly describe the problem on every repair order.
- Use consistent terminology.
- Keep all service records.
- Save photos, videos, and warning messages.
- Track dates, mileage, and recurrence.
This record shows both the existence of the nonconformity and the manufacturer’s inability to correct it.
When to Consider a California Lemon Law Claim
You may want to explore your rights if:
- The same defect continues after multiple repairs.
- The vehicle feels unreliable or unsafe.
- The issue affects performance, technology, or resale value.
- The dealership cannot provide a permanent solution.
- You are told the problem is “normal” or “within specifications.”
A nonconformity does not need to turn off the vehicle. It only needs to prevent it from conforming to the promises made at the sale.
Speak With Our Dedicated California Lemon Law Attorney
If your vehicle contains a nonconformity that has not been corrected, you may be entitled to a buyback, replacement, or cash compensation under California Lemon Law.
Shainfeld Law represents California consumers in complex lemon law matters and holds manufacturers accountable for defective vehicles.
Call 949-294-9153 today or contact us online for a free consultation with our Los Angeles lemon law attorney. A nonconforming vehicle should not become your long-term burden.