CALIFORNIA LEMON LAW:
California Lemon Law
CA Civil Code Section 1790-1790.4 (Song-Beverly Consumer Warranty Act)
1790. This chapter may be cited as the "Song-Beverly Consumer Warranty Act."
1790.1. Any waiver by the buyer of consumer goods of the provisions of this
chapter, except as expressly provided in this chapter, shall be deemed contrary
to public policy and shall be unenforceable and void.
1790.2. If any provision of this chapter or the application thereof to any
person or circumstance is held unconstitutional, such invalidity shall not
affect other provisions or applications of this chapter which can be given
effect without the invalid provision or application, and to this end the
provisions of this chapter are severable.
1790.3. The provisions of this chapter shall not affect the rights and
obligations of parties determined by reference to the Commercial Code except
that, where the provisions of the Commercial Code conflict with the rights
guaranteed to buyers of consumer goods under the provisions of this chapter, the
provisions of this chapter shall prevail.
1790.4. The remedies provided by this chapter are cumulative and shall not be
construed as restricting any remedy that is otherwise available, and, in
particular, shall not be construed to supplant the provisions of the Unfair
Practices Act.
CA Civil Code Section 1793.22 (Tanner Consumer Protection Act)
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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 18
months from delivery to the buyer or 18,000 miles on the odometer of the
vehicle, whichever occurs first, one or more of the following occurs:
(1) The same nonconformity results in a condition that is likely to cause death
or serious bodily injury if the vehicle is driven and the nonconformity has been
subject to repair two or more times by the manufacturer or its agents, and the
buyer or lessee has at least once directly notified the manufacturer of the need
for the repair of the nonconformity.
(2) 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.
(3) 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 paragraphs (1) and (2) 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 paragraphs (1) and (2). The notification, if
required, shall be sent to the address, if any, specified clearly and
conspicuously by the manufacturer in the warranty or owner's manual. This
presumption shall be a rebuttable presumption affecting the burden of proof, and
it may be asserted by the 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 that is bought or used
primarily for personal, family, or household purposes. "New motor vehicle" also
means a new motor vehicle with a gross vehicle weight under 10,000 pounds that
is bought or used primarily for business purposes by a person, including a
partnership, limited liability company, corporation, association, or any other
legal entity, to which not more than five motor vehicles are registered in this
state. "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.
(Amended Sec. 1, Ch. 679, Stats. 2000. Effective January 1, 2001.)
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