What is the California lemon law presumption (Tanner Act)?
California’s lemon law includes a legal presumption, often called the Tanner Act presumption (Civil Code section 1793.22), that can help show the manufacturer had a reasonable number of attempts to fix your vehicle.
The basic test
The presumption can apply if, within 18 months of delivery or 18,000 miles on the odometer (whichever comes first), one of the following happened:
- Safety defect: the same problem, one likely to cause death or serious bodily injury, was subject to repair 2 or more times, and the buyer directly notified the manufacturer at least once (if the manufacturer clearly disclosed that requirement);
- Same defect: the same nonconformity was subject to repair 4 or more times, with direct notice to the manufacturer at least once (if required); or
- Days out of service: the vehicle was out of service for repair of nonconformities for a cumulative total of more than 30 calendar days.
What the presumption does, and doesn’t, do
A presumption shifts the burden in your favor on the question of whether the manufacturer had a reasonable number of attempts. It does not by itself guarantee a buyback or any particular result, and the manufacturer can try to rebut it.
If your car falls outside the numbers
The presumption is not the only way to qualify. Many valid claims involve repairs after 18 months or 18,000 miles, or a different number of attempts. The underlying question is whether the manufacturer failed to fix a warranty defect that substantially impairs use, value, or safety after a reasonable number of opportunities.
Some manufacturers use arbitration programs
If the manufacturer maintains a qualified third-party dispute resolution program, the presumption may not be asserted until the buyer has used it. Your warranty booklet will say whether such a program exists.
Track it yourself
Your repair orders show the dates in and out, the mileage, and the complaint. Adding up attempts per problem and total days in the shop is a good first step.
Think your car may be a lemon? An attorney can review your repair history for free, with no obligation. The manufacturer pays attorney fees if you win, so there is nothing out of pocket for you.
General information only, not legal advice. Every situation is different, and no particular outcome is guaranteed.