Overview

If your 2023 Subaru Forester has recurring problems, California law may require Subaru to buy it back or replace it. This is often called the “lemon law,” but it also includes warranty and recall rights.

Typical complaints can include warning lights, EyeSight/ADAS malfunctions, CVT hesitation, infotainment freezes, or water leaks. What matters is whether the defect is covered by warranty and keeps coming back despite reasonable repair attempts.

Do You Qualify?

  • Purchased/leased in CA: The vehicle must be bought or leased in California (or by a CA resident) and used primarily for personal/family use.
  • Covered by warranty: The issue must arise and be reported while Subaru’s warranty is in effect (e.g., 3yr/36k basic; 5yr/60k powertrain; CARB emissions warranties may be longer for certain parts).
  • Substantial impairment: The defect must substantially impair the car’s use, value, or safety (e.g., braking, steering, stalling, repeated ADAS faults).
  • Reasonable repair attempts: You gave Subaru/dealers a fair chance to fix it. Keep all repair orders and days out of service.
  • Time/mileage presumption window: Strong legal “presumption” if problems occurred within 18 months or 18,000 miles and meet specific repair thresholds (see below). Claims can still win outside this window.
  • Used/CPO vehicles: Covered if sold with a written warranty in CA; defects must appear during that warranty.
  • Small business use: Possible coverage if your business has 5 or fewer vehicles registered in CA and the Forester is under 10,000 lbs GVWR.

How CA Law Applies

California’s Song-Beverly Consumer Warranty Act requires the manufacturer to repurchase or replace a vehicle if, during warranty, it has a defect that substantially impairs use, value, or safety and cannot be repaired after a reasonable number of attempts.

Presumption (Tanner Act): Within 18 months/18,000 miles, the car is presumed a lemon if: (1) 2+ attempts for a defect likely to cause death/serious injury; or (2) 4+ attempts for the same defect; or (3) the car is out of service 30+ total days for repairs. You still need to give Subaru notice and opportunity to repair.

Buyback math: Refund equals price paid (and certain fees, taxes, and incidental damages) minus a usage deduction: miles at first repair attempt ÷ 120,000 × purchase price.

Arbitration: California arbitration is optional. To use the presumption in court, you may need to try a manufacturer’s state-certified program if properly disclosed. You can still sue without arbitration.

Emissions warranties (CARB): In CA, many emissions parts have coverage beyond 3/36—often 7/70 for specified components. Some PZEV/SULEV models carry longer coverage (up to 15/150 for certain parts). Check your Forester’s warranty booklet and labels.

Recalls: Safety recall repairs are free. If a later recall covers a past problem you paid to fix, you may be eligible for reimbursement within stated deadlines.

Fees and penalties: If you win, Subaru must pay your reasonable attorney’s fees. Willful violations can trigger civil penalties up to 2× actual damages.

Step-by-Step: What to Do

  1. Step 1: Document and repair. Report the issue promptly. Describe symptoms clearly, request a test drive with the advisor, and keep every repair order. Track dates, mileage, and days out of service. Save videos/photos and dashboard warnings.
  2. Step 2: Escalate in writing. Send a dated letter/email to Subaru of America detailing the defect, repair history, and that you are invoking California’s lemon law. Ask for repurchase or replacement. Keep copies and delivery proof.
  3. Step 3: Choose your path. Consider the manufacturer’s state-certified arbitration if available, or consult a California lemon law attorney. Do not delay—CA claims are generally subject to a 4-year statute of limitations from breach of warranty.

Common Mistakes to Avoid

  • No paper trail: Verbal complaints don’t count. Always leave the car for diagnosis and get a repair order, even if “no problem found.”
  • Waiting too long: Delaying service or notice can weaken your case and risk missing deadlines.
  • Going to non-authorized shops: Warranty repairs should go through Subaru-authorized dealers so Subaru is on notice.
  • Not mentioning safety: Clearly note any safety risk (stalling, brake/steering faults, unintended braking) on the repair order.
  • Accepting “normal” without testing: Ask for a joint test drive and ensure your symptoms are written on the work order.
  • Ignoring recalls/TSBs: Always ask about open recalls or Technical Service Bulletins that may address your issue.
  • Skipping manufacturer notice: Put Subaru of America on written notice before demanding a buyback.

What You Should Do Next

Schedule a dealer visit, explain the problem in detail, and get a repair order. Gather all service records, purchase/lease documents, and any photos/videos.

Send a written lemon-law notice to Subaru of America. Then speak with a California lemon law attorney or a qualified consumer-rights clinic to evaluate buyback, replacement, or cash settlement options. Also check NHTSA for recalls and review your warranty booklet for CARB emissions coverage.