2. SPECIAL LEMON LAW PROTECTION FOR NEW CAR BUYERS - PRESUMPTION THAT VEHICLE IS A LEMON

California, recognizing the huge investment consumers make in their vehicles, added a special section to the Lemon Law called the "Tanner Consumer Protection Act" which shifts the "burden of proof" to the manufacturer to prove the consumer's vehicle is NOT a "lemon" under certain circumstances.

PROVING ALL 5 LEMON LAW ELEMENTS NOT REQUIRED: In our Warranty Section's first page we listed all FIVE (5) ELEMENTS a consumer must prove to win their Lemon Law case. The FIFTH (5th) and last being a "reasonable number of attempts" have been made to repair the vehicle (or other product); the primary litigation focus. But here the consumer only needs to prove the first FOUR (4) ELEMENTS.

THE LAW WILL PRESUME A VEHICLE IS A "LEMON" when the consumer proves the first FOUR (4) ELEMENTS of a Lemon Law case AND proves that ANY ONE of the following occurred in the first 18,000 miles/18 months (which ever occurred first): A defect which likely cause death/serious bodily injury (i.e. brake failure) has occurred two (2) or more times AND manufacturer has been directly notified at least once. The same defect has occurred four (4) of more times AND manufacturer has been directly notified at least once. The vehicle has been out of service 30 or more total days due to all defects.

BURDEN OF PROOF SHIFTS TO MANUFACTURER: Once the consumer proves all of the above the manufacturer must prove a "reasonable number of attempts" to repair the vehicle HAVE NOT occurred; the manufacturer MUST disprove ELEMENT FIVE (5). If the manufacturer can not disprove ELEMENT FIVE (5) the consumer wins.

TYPES OF VEHICLES THE "LEMON" PRESUMPTION COVERS: This extra protection covers passenger cars/trucks for personal/family use, the drivetrain/chassis portion of motorhomes (NOT the passenger/living quarters), and vehicles purchased by small business owners who own 5 or less vehicles weighing under 10,000 pounds. Motorcycles are NOT covered.