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Brake problems and the lemon law
Yes. Brake problems count under the lemon law like any defect the dealer cannot fix: in most states 3 or 4 repair attempts for the same problem, or about 30 days in the shop, inside the protection period. Because brake problems can cause a crash or injury, 19 states need fewer attempts: 14 of them 1, 5 of them 2. Owners filed 9,099 brake complaints with NHTSA for 2021 to 2027 models of 35 makes, 9% of all their complaints.
When brake problems count
- The same problem, again and again. Each repair visit for it is an attempt. Report it in the same words each time.
- Inside the protection period, 12 to 36 months after delivery depending on the state.
- Or about 30 days in the shop in total, for this and other covered defects.
- As a safety defect. 14 states presume a lemon after 1 attempt and 5 after 2 for a defect that could cause death or serious injury. By state.
What to tell the dealer
Describe what happens: a soft or sinking pedal, longer stops, grinding, pulling to one side, brake warning lights.
- Stop driving if the brakes feel wrong, and have the car towed.
- Tell the maker in writing that the defect could cause a crash.
- Keep the tow and rental receipts.
Makes with the most brake complaints
| Make | Complaints | Share of the make's complaints |
|---|---|---|
| Ford | 1,094 | 9% |
| Chevrolet | 969 | 11% |
| Tesla | 958 | 13% |
| Hyundai | 860 | 10% |
| Toyota | 844 | 11% |
| Honda | 766 | 7% |
| Volkswagen | 594 | 14% |
| BMW | 455 | 25% |
| Ram | 345 | 10% |
| GMC | 332 | 6% |
| Kia | 330 | 5% |
| Nissan | 304 | 8% |
Latest recalls in this area
- Mercedes-Benz, October 2, 2026: 2025 S 580 E 4MATIC, 2024 S 580 E 4MATIC, 2023 S 580 E 4MATIC, 2025 S 580 4MATIC, about 30,064 vehicles. NHTSA recall 26V638000
- Volvo, September 28, 2026: 2026 VNL (4), 2027 VNL (4), 2027 VNR (4), 2025 VNL (4), about 392 vehicles. NHTSA recall 26V619000
- BMW, July 1, 2026: 2025 750E Xdrive, 2025 X2, 2024 X5, 2025 X5, about 428 vehicles. NHTSA recall 26V422000
- Mini, July 1, 2026: 2025 Countryman S ALL4, 2025 Cooper S, about 428 vehicles. NHTSA recall 26V422000
- Audi, April 15, 2026: 2021 E-Tron Sportback, 2022 E-Tron Sportback, 2023 E-Tron Sportback, 2021 E-Tron Quattro, about 18,853 vehicles. NHTSA recall 26V240000
Questions people ask
Does the lemon law cover brake problems?
Yes. Brake problems count under the lemon law like any defect the dealer cannot fix: in most states 3 or 4 repair attempts for the same problem, or about 30 days in the shop, inside the protection period. Because brake problems can cause a crash or injury, 19 states need fewer attempts: 14 of them 1, 5 of them 2.
Which makes have the most brake complaints?
Ford (1,094), Chevrolet (969), Tesla (958), for 2021 to 2027 models in NHTSA's files. Big sellers get more complaints, so a count is not a defect rate.
What should I tell the dealer about brake problems?
Describe what happens (a soft or sinking pedal, longer stops, grinding, pulling to one side, brake warning lights), when and how often, the same way every visit, and make sure it is written on the repair order.
About the data
From NHTSA's complaint files, complaints received 2020 to now for 2021 to 2027 model years, counted by the component the owner named (Service Brakes, Service Brakes, Hydraulic). A complaint can name more than one component. Complaints are what owners report, not findings, and big sellers get more of them. Read on October 26, 2026.
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