Lemon Law Presumption vs a Reasonable Number of Attempts: What's the Difference?

Published October 19, 2026 · Updated October 19, 2026 · California lemon law

Do I need to meet the lemon law presumption, or is a reasonable number of repair attempts enough?

Side-by-Side Comparison

How the Tanner Act Presumption Works

The Tanner Act presumption is found in Civil Code 1793.22(b). It gives buyers a shortcut for proving that the manufacturer had a reasonable number of chances to fix a defect. If your facts fit one of its tests, the law presumes the number of attempts was reasonable.

The presumption applies within 18 months of delivery or 18,000 miles, whichever comes first. Inside that window, there are three ways to meet it. Any one of them is enough.

For the first two tests, there is a notice rule. If the owner's manual clearly requires it, the buyer must have directly notified the manufacturer about the problem. A visit to the dealer alone may not be enough for those tests. That notice condition applies to the two repair-count tests, not the days out of service test, but your attorney should still check your manual.

A presumption is not the same as an automatic win. The manufacturer can still argue against it. But it shifts the starting point in your favor, which is why attorneys look for it first.

• A defect likely to cause death or serious injury repaired 2 or more times
• The same defect repaired 4 or more times
• More than 30 total days out of service for repairs
• All within 18 months or 18,000 miles

How the Reasonable Number of Attempts Test Works

The basic rule is in Civil Code 1793.2(d)(2). If the manufacturer or its dealers cannot fix a warranty defect that substantially impairs use, value or safety after a reasonable number of attempts, the manufacturer must replace or repurchase the vehicle. The buyer may choose the buyback.

This test has no fixed number. What is reasonable depends on the defect, how serious it is, how many visits it took and how long the car was out of service. A dangerous defect may need fewer attempts than a minor one.

You also do not have to prove the exact technical cause. In Oregel v. American Isuzu Motors (2001), a California court held that visits where the dealer could not find or fix the problem can still count. That matters for intermittent problems that are hard to reproduce.

Because there is no fixed number, the full repair history matters. Every visit, every day in the shop and every call to the manufacturer can help show the attempts were reasonable.

Courts look at the whole picture. A defect that leaves you stranded, sets off safety warnings or makes the car hard to control is treated differently from a rattle. The more serious the defect, the less patience the law expects from you.

This is also why repair orders should describe the effect on you. If the problem made you pull over or stop using the car, say so at the service desk so it is written down.

Why the Presumption Is a Shortcut, Not a Requirement

Many drivers believe they need four repair visits or 30 days in the shop to have a case. That is a misunderstanding. The presumption is only one way to prove a lemon law claim.

A case can still be won after 18 months or 18,000 miles, as long as the defect first appeared while the warranty was in effect. In those cases, the attorney relies on the reasonable number of attempts test instead of the presumption.

This is important for drivers whose problems began early but dragged on. A car might have its first repair at 10,000 miles and its fifth at 25,000 miles. The later visits fall outside the presumption window, but they can still be part of a strong repair history.

It also matters for drivers who fall just short of the numbers. Three repairs of the same defect inside the window do not meet the four-repair test. But three serious, failed attempts may still be reasonable under the general rule, depending on the facts.

Think of the presumption as a bonus. If you have it, your case starts from a stronger place. If you do not, your case is judged on the full facts, which is how most legal claims work anyway.

A lemon law attorney will usually check both paths at the first review. There is no cost to you, because the manufacturer pays attorney fees when you win under Civil Code 1794(d).

Counting Repair Visits and Days Out of Service

Counting sounds simple, but details matter. A repair visit generally counts when you brought the car in for the defect and the dealer had a chance to work on it. Visits where the dealer could not reproduce the problem can still count under Oregel.

Recall repairs can count as repair attempts too, if they were aimed at the same problem. Software updates done to fix the defect can also count as repair attempts order.

Days out of service add up across visits. The presumption looks at more than 30 total days, not 30 days in a row. Separately, Civil Code 1793.2(b) says warranty repairs must be completed within 30 days unless the buyer agrees otherwise.

Your repair orders are the official count. Check that each one lists the date in, the date out, the mileage and your complaint in your own words. If something is wrong, ask the dealer to correct it at the time.

Keep a simple log next to your repair orders. A notebook or phone note with dates, mileage and days without the car makes it easy to see where you stand. If the dealer gave you a loaner, note that too, since it helps show how long your own car was in the shop.

• Date the car was dropped off and picked up
• Mileage at each visit
• Your complaint, as written by the service advisor
• What the dealer did, or that it found no problem

Example: A Braking Problem Outside the Presumption Window

This is a made-up example. Jasmine leases a new sedan. At 14,000 miles, she notices the brakes grab without warning. The dealer inspects the brakes and finds nothing. At 16,500 miles, the dealer replaces a part. At 21,000 miles, the problem returns and the dealer tries again.

Two of Jasmine's three visits happened inside 18,000 miles, and her braking problem is the kind of defect that could cause serious injury. Her attorney checks whether the two-repair safety test is met and whether her owner's manual required direct notice to the manufacturer.

The attorney also builds the case under the general test in Civil Code 1793.2(d)(2). Even if the presumption were disputed, the third visit at 21,000 miles is still part of the repair history, because the defect first showed up under warranty.

In this example, Jasmine's attorney uses both paths at once. The point is that the presumption and the general test work together. This example does not predict a result in any real case.

Jasmine also keeps a short note each time the brakes grab, including where she was and how fast she was going. Those notes help the dealer try to reproduce the problem and help her attorney show the pattern between visits.

Giving the Manufacturer Direct Notice

For the two-repair and four-repair presumption tests, the buyer must have directly notified the manufacturer if the owner's manual clearly requires it. Many drivers only talk to the dealer, which can leave a gap.

Check your owner's manual or warranty booklet for a section about contacting the manufacturer. It may list a customer care phone number or mailing address. If it says to notify the manufacturer in writing, do that and keep a copy.

Even if your manual does not require it, contacting the manufacturer can help. It creates a record that the manufacturer knew about the defect. Write down the date, the name of the person you spoke with and any case number they give you.

Do not let the manufacturer's customer care team talk you into signing anything. If they offer a goodwill repair, a trade assist or cash, talk to a lemon law attorney before you agree.

If you already missed this step, do not panic. The notice rule applies only to the presumption tests, and only when the manual clearly requires it. Your claim can still be reviewed under the general reasonable number of attempts test. Contact the manufacturer now and keep a record of the date.

Some manuals list a specific form or address for this notice. Use exactly what the manual says, and send it in a way you can prove, such as email or tracked mail.

Common Mistakes When Counting Repair Attempts

Drivers often hurt their own claims by accident. Most of these mistakes are easy to avoid if you know about them early.

If you are unsure whether your repair history is enough, do not guess. A free case review can look at the dates and mileage and tell you which path may fit. Call 877-536-6620 to start.

Most of these mistakes come from frustration. After a few failed visits, it is natural to want to give up on the dealer. But the repair history is the heart of a lemon law claim, so keep going back and keep the paperwork.

Also avoid trading in or selling the car before you get advice. Keeping the car available for inspection protects your options while an attorney reviews the record.

• Not going back to the dealer because the last visit did not help
• Accepting a repair order that does not describe your complaint
• Assuming visits after 18,000 miles do not count
• Never contacting the manufacturer when the manual requires it
• Discarding visit paperwork because the dealer found nothing
• Taking warranty repairs to an independent shop instead of the dealer

When Tanner Act presumption Is the Better Choice

• Your car is within 18 months or 18,000 miles
• You have clear repair orders that meet one of the three tests
• You notified the manufacturer directly if your owner's manual required it

When Reasonable number of attempts Is the Better Choice

• The defect first showed up under warranty but the repairs came after 18 months or 18,000 miles
• Your visits fall just short of the presumption numbers
• The dealer could not find or fix the problem on several visits

Key Facts (as of October 2026)

• The presumption is only one way to prove a lemon law case; claims can still succeed outside 18 months or 18,000 miles if the defect first showed up under warranty.
• You do not have to prove the exact technical cause of the defect, and visits where the dealer could not find or fix the problem can still count (Oregel v. American Isuzu Motors, 2001).
• Keep every repair order, even the ones that say no problem found.

Talk It Through With a Lemon Law Attorney

Every case is different. Our attorneys, listed in firm order: #1 Jacob Shayesteh (founding attorney), #2 Armig Khodanian and #3 Kamau Edwards, will look at your repair history and tell you which option fits. 5.0 stars on Google from 77 reviews (October 2026). You pay $0, win or lose.

What Our Clients Say on Google

“He explained my rights under California's lemon law, took over all communication with Hyundai, and got my case resolved fast.”

Gil C. · 2024 Hyundai Palisade · 5-star Google review

“Even after multiple PCM software updates and the service center telling me it was just 'adaptive learning,' the car was still lunging and hesitating at highway speeds. I paid no out-of-pocket legal fees because the law requires the manufacturer to pay them.”

Nathaniel H. · 2023 Ford · 5-star Google review

“Jacob was sharp, responsive, and honest about what to expect. He communicated with Audi directly so my parents didn't have to deal with any of it, and the case moved fast.”

Joshua G. · 2024 Audi Q5 hybrid · 5-star Google review

Read all 78 reviews on Google (5.0 stars, October 2026). Reviews describe past clients' experiences; every case is different.

FAQ

Is the presumption required to win?

No. It makes the case easier to prove, but you can still show the attempts were reasonable without it.

Do I have to write to the manufacturer?

For the 2 and 4 visit tests, yes, if your owner's manual clearly requires direct notice. Check your manual or ask an attorney.

Can one repair visit be enough?

It depends on the defect and the facts. Talk to a lemon law attorney about your repair history.

Sources and Official References

• California Civil Code section 1793.22 (California Legislature)
• California Civil Code section 1793.2 (California Legislature)
• California Civil Code section 1794 (California Legislature)

Laws change. This page reflects California law as of October 2026 and was reviewed by Jacob Shayesteh, Esq.

Related Guides

• What is the Tanner Consumer Protection Act?
• What counts as a reasonable number of repair attempts?
• Civil Code 1793.22 explained
• Lemon Law Claim vs Small Claims Court
• Lemon Law Claim vs Waiting for a Recall Repair
• Technical Service Bulletin vs Recall
• Filing an NHTSA Complaint vs a Lemon Law Claim
• Dealer vs Manufacturer: Who Is Responsible for a Lemon
• Factory Warranty vs Extended Warranty
• See all lemon law comparisons

Attorney advertising. Wynn Law Group, APC, 10850 Wilshire Blvd, Suite 1010, Los Angeles, CA 90024. General information, not legal advice. Results vary. Prior results do not guarantee a similar outcome.