What is a Tanner Consumer Protection Act?

California's Tanner Consumer Protection Act, also known as the "Lemon Law," protects consumers who buy or lease new automobiles from being stuck with obviously defective vehicles. The Law applies whenever a new car, van, or truck, motorhome (RV) is sold or leased for personal use with a manufacturer's written warranty. The Law also applies to the sale or lease of used vehicles that still are covered by the manufacturer's original warranty.

The Law requires a manufacturer to correct or repair defects so that the vehicle is in compliance with the terms of the warranty. If, after a "reasonable" number of attempts to repair the defect, the problem still exists, the Law requires the manufacturer to replace the car or take it back and refund the purchase price, minus a reasonable fee for the use of the car.

The Law defines a "reasonable" number of repair attempts to be four or more attempts to repair the same problem, or the vehicle has been out of service for a total of 30 days for repairs for any number of problems.

The "reasonable" number (life threatening 2 or more) of attempts or the 30 days loss of use must occur within the first 18 months or 18,000 miles after the consumer takes delivery of the automobile, whichever comes first. In addition, the repairs must be for items covered under the warranty, and the problem(s) must substantially reduce the value, use, or safety of the vehicle.

Also, the consumer must directly notify the manufacturer of the need for repair at least once (in addition to giving notice to the dealer or repair shop) in order to qualify for protection under the provisions of the Lemon Law. If all of these factors are met, the Law presumes that the car is a "lemon" and the consumer is entitled to a replacement or a refund.

http://info.sen.ca.gov/pub/99-00/bill/asm/ab_1251-1300/ab_1290_cfa_19990609_103747_sen_comm.html

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Do I have a Lemon? Who Pays the Lawyer? Is a Leased Car protected? What about Motor Homes and Motorcycles?

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