Overview

If your 2023 Subaru Forester in California has recurring problems that the dealer can’t fix, you may have rights under California’s Lemon Law. Owners report issues like warning lights that return, electrical/infotainment glitches, CVT shuddering, brake or steering concerns, A/C failures, and occasional windshield or sensor problems.

When a defect keeps coming back under warranty and affects the car’s use, value, or safety, California law can require Subaru to buy back or replace the vehicle. The key is documenting repairs and acting promptly.

Do You Qualify?

  • Purchased/Leased in CA: The vehicle was bought or leased in California (military exceptions may apply).
  • Under Warranty: The problem happened while the Subaru factory warranty was active.
  • Substantial Defect: The issue impairs use, value, or safety (e.g., stalling, brake/steering faults, persistent electrical failures).
  • Reasonable Repair Attempts: Multiple tries at an authorized Subaru dealer without a lasting fix, or the car was out of service for many days.
  • No Abuse/Aftermarket Cause: The defect isn’t due to misuse, accidents, or improper modifications.
  • Personal or Small-Business Use: Personal use qualifies; small-business vehicles (under 10,000 lbs GVWR, with the business owning 5 or fewer vehicles) may also qualify.

How CA Law Applies

California’s Song-Beverly Consumer Warranty Act (the “Lemon Law”) requires the manufacturer—not the dealer—to repurchase or replace a vehicle if it can’t repair a covered defect within a reasonable number of attempts.

There’s a helpful presumption (the Tanner presumption) within the first 18 months or 18,000 miles: at least 2 repair attempts for a serious safety defect, 4 for other issues, or 30+ cumulative days out of service. You can still win a case even if you’re outside this window—the presumption just makes proof easier.

If you prevail, you may receive a buyback (refund of price, taxes, registration, and incidental damages, minus a mileage offset) or a replacement vehicle. Manufacturers must also pay your reasonable attorney’s fees, and willful violations can trigger civil penalties up to two times your actual damages.

Step-by-Step: What to Do

  1. Step 1: Document everything. Keep all repair orders, estimates, and invoices. Note dates, mileage, symptoms, and what the dealer did. Take photos/videos of intermittent problems.
  2. Step 2: Use an authorized Subaru dealer. Always seek warranty repairs at a Subaru dealership so the attempts count under the law. Clearly describe safety concerns (e.g., stalling, brake warnings).
  3. Step 3: Track repair attempts and days out of service. Add up how many times the same issue returns and total days your Forester is in the shop.
  4. Step 4: Check recalls and TSBs. Search NHTSA’s site for recalls and Technical Service Bulletins. Bring them to the dealer’s attention.
  5. Step 5: Open a case with Subaru of America. Contact Subaru customer service and get a case number. Provide copies of all repair orders and describe the ongoing defect.
  6. Step 6: Send a written demand. Mail Subaru a dated, written request for repurchase or replacement under California Civil Code sections 1793.2 et seq. Use certified mail and keep a copy.
  7. Step 7: Consider (but don’t rush into) arbitration. Subaru may offer BBB Auto Line. Arbitration in CA is not required before you sue. Talk to a CA lemon law attorney first.
  8. Step 8: Consult a California lemon law attorney. Many offer free consultations and fee-shifting means the manufacturer typically pays your reasonable fees if you win.
  9. Step 9: File a BAR complaint if repair quality is poor. If a dealer’s workmanship is at issue, you can also file with the CA Bureau of Automotive Repair.

Common Mistakes to Avoid

  • Not getting repair orders. Verbal complaints don’t help—insist on detailed, written repair records every visit.
  • Using independent shops for warranty issues. Repairs must be by Subaru or its authorized dealer to count.
  • Waiting too long. Don’t delay; California’s statute of limitations can bar claims if you wait years.
  • Stopping payments or abandoning the car. Keep making payments and carrying insurance to avoid credit or repossession problems.
  • Accepting “normal operation.” If the problem persists, ask the dealer to road test with you and document it.
  • Signing releases or settlements without review. Don’t sign buyback or trade-in paperwork until a CA attorney reviews it.
  • Relying only on software resets. Ensure each visit documents the root cause and repair, not just a quick reset.

What You Should Do Next

Gather your purchase/lease agreement, warranty booklet, and all repair orders. Schedule another dealer visit if the issue continues, and open a case with Subaru of America.

Then speak with a California lemon law attorney about a buyback or replacement. Early legal help can speed results, preserve evidence, and avoid missteps—often at no out-of-pocket cost to you.