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CA Civil Code Section 1793.22
(Tanner Consumer Protection Act)
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
(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
(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
(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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