SolveYourProblem eLearning Series:
Got Shafted?
Fight Back if Your Car is a Lemon!
( 27 pages )
The
Actual Lemon Laws
Having
an exact degree of the terms that most states offer as
their lemon laws would be useful. That is why I have decided
to include those laws in this guide. For the purposes of
this guide, I have included the statutes for California’s
lemon laws. As most state laws are the same from a general
standpoint and vary only slightly, it is a good way to
begin.
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California
Lemon Law Statutes
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
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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It helps to make a note that these laws apply to California
alone and that it is meant to provide you with
a general outline of what you can expect to
find with most states.
Of
course, as you check with each state some of these statutes
will vary slightly and may offer more or less than these
California statutes do. These laws are untouched and written
exactly as they are shown.
 
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