This section shall be known and may be cited as the Tanner Consumer
(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 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
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
(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
(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
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
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.
CA Civil Code Section
Consumer Warranty Act)
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
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.