| 1790. This 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 are severable.
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.
*****
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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