Quick answer
California law requires a "reasonable number" of repair attempts. The Tanner Act presumes that number has been reached if, within 18 months or 18,000 miles, a defect likely to cause death or serious injury was repaired 2 or more times, the same defect was repaired 4 or more times, or the car spent more than 30 days in the shop for repairs.
Key takeaways
- There is no single magic number. The law says "reasonable number of attempts."
- The Tanner Act creates a presumption within 18 months or 18,000 miles, whichever comes first.
- Safety defects: 2 or more repair attempts. Other defects: 4 or more attempts for the same problem.
- More than 30 total days out of service for warranty repairs also triggers the presumption.
- You can still qualify outside the presumption. It just shifts who has to prove what.
The legal standard: a "reasonable number" of attempts
Under the Song-Beverly Consumer Warranty Act, if the manufacturer or its repair facilities can't fix a defect covered by the new-vehicle warranty after a reasonable number of attempts, the manufacturer must replace the vehicle or refund the buyer (Civil Code § 1793.2(d)).
"Reasonable" depends on the defect. A brake failure is treated very differently from a squeaky trim panel. That's why the legislature added a presumption that gives buyers clear benchmarks.
The Tanner Act presumption
Civil Code § 1793.22(b) presumes a reasonable number of attempts was made if, within 18 months from delivery or 18,000 miles (whichever comes first), one of these happened:
- Serious safety defect: the same problem is likely to cause death or serious bodily injury if the car is driven, it was repaired two or more times, and you directly notified the manufacturer at least once.
- Same defect, four or more times: the same problem was repaired four or more times, and you directly notified the manufacturer at least once.
- More than 30 days in the shop: the car was out of service for repairs for a cumulative total of more than 30 calendar days since delivery.
The "notify the manufacturer" requirement
For the first two benchmarks, the buyer must have notified the manufacturer directly at least once. That requirement only applies if the manufacturer clearly disclosed it in the warranty or owner's manual, along with the address to send it to. Check your warranty booklet for a section about California lemon law or customer assistance.
Telling the dealer is not always the same as telling the manufacturer. A short written notice to the manufacturer, kept with a copy, protects you.
What if you don't meet the presumption?
The presumption is a shortcut, not a requirement. If your car's problems started after 18,000 miles, or you've had three attempts instead of four, you may still have a claim. The question becomes whether the number of attempts was reasonable for that defect.
If the manufacturer offers a third-party arbitration program that meets state standards, you may need to use it before relying on the presumption in court. You are not bound by the result unless you accept it.
What to do next
- Count your repair visits for the same problem using your repair orders.
- Add up the days the car was at the shop. Repair orders show drop-off and pick-up dates.
- Check your warranty booklet for the manufacturer's notice address and send a written notice if you haven't.
- Use the lemon law checker to see where you stand.
Frequently asked questions
Sources
- California Civil Code § 1793.22 (Tanner Consumer Protection Act)
- California Civil Code § 1793.2 (Song-Beverly Consumer Warranty Act)
- California Department of Consumer Affairs: Arbitration Certification Program (lemon law)
This website provides general information, not legal advice. Laws change and every situation is different. Talk to a licensed attorney in your state about your specific facts.
More on this topic: California lemon law overview