Tanner Consumer Protection Act: California's Used Car Lemon Law

What Is the Tanner Consumer Protection Act?

The Tanner Consumer Protection Act (California Civil Code Section 1793.22) is a California law that extends lemon law-style protections beyond new vehicles. Named after former California Assembly Member Sally Tanner, this law works alongside the Song-Beverly Consumer Warranty Act to protect consumers who purchase defective vehicles — including used cars bought from dealers.

While the Song-Beverly Act primarily protects buyers of new and certified pre-owned vehicles, the Tanner Act fills an important gap by establishing:

A presumption that a vehicle is a lemon after certain repair attempt thresholds are met
Protection for used car buyers through the implied warranty of merchantability

The Tanner Act Presumption

The Tanner Act creates a rebuttable presumption — a legal assumption that your vehicle is a lemon — if any of the following conditions are met during the warranty period:

Two or More Repair Attempts for Safety Defects

If a defect that could cause death or serious bodily injury has been subject to two or more repair attempts, the presumption applies. Safety defects include:

Brake failures or severe brake issues
Steering malfunctions
Engine stalling at speed
Airbag system failures
Unintended acceleration
Fire hazards

Four or More Repair Attempts for Other Defects

For non-safety defects that still substantially impair the vehicle’s use or value, four or more repair attempts trigger the presumption. Common examples include:

Persistent transmission problems
Electrical system malfunctions
Air conditioning failures
Excessive oil consumption
Persistent warning lights

30 or More Days Out of Service

If your vehicle has been out of service for a cumulative total of 30 or more calendar days for warranty repairs, the presumption applies. Days don’t need to be consecutive — they accumulate across all warranty visits.

How the Tanner Act Protects Used Car Buyers

The Implied Warranty of Merchantability

When a California dealer sells a used vehicle, state law (Civil Code Section 1795.5) requires them to provide an implied warranty of merchantability. This means the vehicle must be fit for its ordinary purpose — in other words, it must be safe and reliable for basic transportation.

The implied warranty cannot be waived. California dealers cannot sell used vehicles “as-is.” Even if the purchase contract says “as-is” or “no warranty,” the implied warranty still exists by operation of law.

Duration of the Implied Warranty

The duration of the implied warranty for used vehicles depends on whether an express warranty was provided:

If the dealer provided an express warranty (e.g., 30-day/1,000-mile dealer warranty), the implied warranty lasts for the same duration or at least 30 days, whichever is longer
If no express warranty was provided, the implied warranty lasts for at least 30 days from the date of sale (though case law has sometimes extended this period)

What the Implied Warranty Covers

The implied warranty covers defects that make the vehicle unfit for ordinary driving purposes. This includes:

Engine or transmission failures
Brake system defects
Electrical failures that affect driveability
Steering problems
Major fluid leaks
Any defect that makes the vehicle unsafe or unreliable

It does not typically cover:

Normal wear and tear (brake pads, tires, batteries)
Cosmetic issues
Pre-existing damage that was disclosed
Problems caused by the buyer’s misuse

Song-Beverly vs. Tanner Act: Key Differences

Feature	Song-Beverly Act	Tanner Consumer Protection Act
Primary coverage	New vehicles, CPO, warranty-covered used	Used vehicles from dealers
Warranty type	Manufacturer’s express warranty	Implied warranty + express dealer warranty
Who’s liable	Manufacturer	Dealer (and potentially manufacturer)
Remedy	Buyback, replacement, or cash settlement	Damages, potentially buyback
Attorney fees	Manufacturer pays	May be recoverable
Repair attempt thresholds	Same (2/4/30 presumption)	Same (2/4/30 presumption)

How to File a Claim Under the Tanner Act

Step 1: Determine Your Coverage

First, determine what warranty coverage applies to your used vehicle:

Still under manufacturer’s warranty? — You likely have a Song-Beverly claim against the manufacturer, which is usually stronger. This is common with CPO vehicles and recent-model used cars.
Dealer warranty only? — Your claim may fall under the Tanner Act’s implied warranty provisions.
No warranty at all? — If you bought from a California dealer, the implied warranty still applies for at least 30 days.

If you bought from a private party, unfortunately neither the Song-Beverly Act nor the Tanner Act provides protection. See our Song-Beverly Act guide for more on new vehicle protections.

Step 2: Document Everything

The documentation process is the same as any lemon law case:

Keep all repair orders and receipts
Record dates of dealer visits and days out of service
Note your specific complaints in writing
Preserve all communication with the dealer

Read our detailed guide on how to document your lemon law case.

Step 3: Consult an Attorney

Tanner Act claims can be more complex than standard lemon law claims because they often involve disputes about the scope of the implied warranty, the dealer’s knowledge of defects, and the appropriate remedy. An experienced lemon law attorney can evaluate your case and determine the strongest approach.

Important Limitations

The “Buyer’s Guide” Doesn’t Eliminate Your Rights

Federal law (the FTC’s Used Car Rule) requires dealers to post a “Buyer’s Guide” on every used vehicle. Even if this guide says “As Is - No Warranty,” California law overrides this and provides an implied warranty regardless. Don’t be discouraged by “as-is” language in your purchase documents.

Prior Notice to the Dealer

Before filing a lawsuit under the Tanner Act, you may need to give the dealer written notice of the defect and a reasonable opportunity to repair it. This is an important procedural step that your attorney will handle.

Statute of Limitations

Like Song-Beverly claims, Tanner Act claims are subject to a four-year statute of limitations. Given the shorter warranty periods involved, acting quickly is even more important with used car claims.

Get Help with Your Used Car Claim

If you bought a used car from a California dealer and it turned out to be defective, you may have rights under the Tanner Consumer Protection Act — even if the dealer told you the vehicle was sold “as-is.”

Contact Lion Lemon for a free evaluation of your case. We handle claims against dealers and manufacturers for clients across all of California. Our consultation is free, and we’ll tell you honestly whether you have a viable claim.

For more information, visit our FAQ page or read our complete guide to California Lemon Law.