The California Lemon Law:
1793.22. (a) This section shall be known and may be cited as the Tanner
Consumer Protection Act.
(b) It shall be presumed that a reasonable number of attempts have
been made to conform a new motor vehicle to the applicable express warranties
if, within one year from delivery to the buyer or 12,000 miles on the odometer
of the vehicle, whichever occurs first, either (1) the same nonconformity has
been subject to repair four or more times by the manufacturer or its agents and
the buyer has at least once directly notified the manufacturer of the need for
the repair of the nonconformity or (2) the vehicle is out of service by reason
of repair of nonconformities by the manufacturer or its agents for a cumulative
total of more than 30 calendar days since delivery of the vehicle to the
buyer. The 30-day limit shall be extended only if repairs cannot be
performed due to conditions beyond the control of the manufacturer or its
agents. The buyer shall be required to directly notify the manufacturer
pursuant to paragraph (1) only if the manufacturer has clearly and conspicuously
disclosed to the buyer, with the warranty or the owner's manual, the provisions
of this section and that of subdivision (d) of Section 1793.2, including the
requirement that the buyer must notify the manufacturer directly pursuant to
paragraph (1). This presumption shall be a rebuttable presumption
affecting the burden of proof, and it may be asserted by he buyer in any
civil action, including an action in small claims court, or other formal or
informal proceeding.
(c) If a qualified third-party dispute resolution process exists,
and the buyer receives timely notification in writing of the availability of
that qualified third-party dispute resolution process with a description of its
operation and effect, the presumption in subdivision (b) may not be asserted by
the buyer until after the buyer has initially resorted to the qualified
third-party dispute resolution process as required in subdivision (d).
Notification of the availability of the qualified third-party dispute resolution
process is not timely if the buyer suffers any prejudice resulting from any
delay in giving the notification. If a qualified third-party dispute
resolution process does not exist, or if the buyer is dissatisfied with that
third-party decision, or if the manufacturer or its agent neglects to promptly
fulfill the terms of the qualified third-party dispute resolution process
decision after the decision is accepted by the buyer, the buyer may assert the
presumption provided in subdivision (b) in an action to enforce the buyer's
rights under subdivision (d) of Section 1793.2. The findings and decision
of a qualified third-party dispute resolution process shall be admissible in
evidence in the action without further foundation. Any period of
limitation of actions under any federal or California laws with respect to any
person shall be extended for a period equal to the number of days between the
date a complaint is filed with a third-party dispute resolution process and the
date of its decision or the date before which the manufacturer or its agent is
required by the decision to fulfill its terms if the decision is accepted by the
buyer, whichever occurs later.
(d) A qualified third-party dispute resolution process shall be one
that does all of the following:
(1) Complies with the minimum requirements of the Federal Trade
Commission for informal dispute settlement procedures as set forth in Part 703
of Title 16 of the Code of Federal Regulations, as those regulations read on
January 1, 1987.
(2) Renders decisions which are binding on the manufacturer if the
buyer elects to accept the decision.
(3) Prescribes a reasonable time, not to exceed 30 days after the
decision is accepted by the buyer, within which the manufacturer or its agent
must fulfill the terms of its decisions.
(4) Provides arbitrators who are assigned to decide disputes with
copies of, and instruction in, the provisions of the Federal Trade Commission's
regulations in Part 703 of Title 16 of the Code of Federal Regulations as those
regulations read on January 1, 1987, Division 2 (commencing with Section 2101)
of the Commercial Code, and this chapter.
(5) Requires the manufacturer, when the process orders, under the
terms of this chapter, either that the nonconforming motor vehicle be replaced
if the buyer consents to this remedy or that restitution be made to the buyer,
to replace the motor vehicle or make restitution in accordance with paragraph
(2) of subdivision (d) of Section 1793.2.
(6) Provides, at the request of the arbitrator or a majority of the
arbitration panel, for an inspection and written report on the condition of a
nonconforming motor vehicle, at no cost to the buyer, by an automobile expert
who is independent of the manufacturer.
(7) Takes into account, in rendering decisions, all legal and
equitable factors, including, but not limited to, the written warranty, the
rights and remedies conferred in regulations of the Federal Trade Commission
contained in Part 703 of Title 16 of the Code of Federal Regulations as those
regulations read on January 1, 1987, Division 2 (commencing with Section 2101)
of the Commercial Code, this chapter, and any other equitable considerations
appropriate in the circumstances. Nothing in this chapter requires that,
to be certified as a qualified third-party dispute resolution process pursuant
to this section, decisions of the process must consider or provide remedies in
the form of awards of punitive damages or multiple damages, under subdivision
(c) of Section 1794, or of attorneys' fees under subdivision (d) of Section
1794, or of consequential damages other than as provided in subdivisions (a) and
(b) of Section 1794, including, but not limited to, reasonable repair, towing,
and rental car costs actually incurred by the buyer.
(8) Requires that no arbitrator deciding a dispute may be a party
to the dispute and that no other person, including an employee, agent, or dealer
for the manufacturer, may be allowed to participate substantively in the merits
of any dispute with the arbitrator unless the buyer is allowed to participate
also. Nothing in this subdivision prohibits any member of an arbitration
board from deciding a dispute.
(9) Obtains and maintains certification by the Department of
Consumer Affairs pursuant to Chapter 9 (commencing with Section 472) of Division
1 of the Business and Professions Code.
(e) For the purposes of subdivision (d) of Section 1793.2 and this
section, the following terms have the following meanings:
(1) "Nonconformity" means a nonconformity which
substantially impairs the use, value, or safety of the new motor vehicle to the
buyer or lessee.
(2) "New motor vehicle" means a new motor vehicle which
is used or bought for use primarily for personal, family, or household
purposes. "New motor vehicle" includes the chassis, chassis cab,
and that portion of a motor home devoted to its propulsion, but does not include
any portion designed, used, or maintained primarily for human habitation, a
dealer-owned vehicle and a "demonstrator" or other motor vehicle sold
with a manufacturer's new car warranty but does not include a motorcycle or a
motor vehicle which is not registered under the Vehicle Code because it is to be
operated or used exclusively off the highways. A "demonstrator"
is a vehicle assigned by a dealer for the purpose of demonstrating qualities and
characteristics common to vehicles of the same or similar model and type.
(3) "Motor home" means a vehicular unit built on, or
permanently attached to, a self-propelled motor vehicle chassis, chassis cab, or
van, which becomes an integral part of the completed vehicle, designed for human
habitation for recreational or emergency occupancy.
(f) (1) Except as provided in paragraph (2), no person shall sell,
either at wholesale or retail, lease, or transfer a motor vehicle transferred by
a buyer or lessee to a manufacturer pursuant to paragraph (2) of subdivision (d)
of Section 1793.2 or a similar statute of any other state, unless the nature of
the nonconformity experienced by the original buyer or lessee is clearly and
conspicuously disclosed to the prospective buyer, lessee, or transferee, the
nonconformity is corrected, and the manufacturer warrants to the new buyer,
lessee, or transferee in writing for a period of one year that the motor vehicle
is free of that nonconformity.
(2) Except for the requirement that the nature of the nonconformity
be disclosed to the transferee, paragraph (1) does not apply to the transfer of
a motor vehicle to an educational institution if the purpose of the transfer is
to make the motor vehicle available for use in automotive repair courses.












