Lemon Law - Alaska
Lemon Law
Lemon Law - "Lemon
law" is that body of state law which defines an automobile
owners rights when the manufacturer is not able to repair the
automobile within the limits specified. In
such cases, the automobile is referred to as a "lemon",
and is subject to the conditions of the state lemon law.
Your Lemon Law:
Disclaimer:
These pages are created to inform and educate the public about lemon
law and under the lemon law in your state.
They are not and should not be considered legal opinions or advice
as to whether you have rights under lemon law or whether you should
pursue "a lemon law case". If after reading
this information, you believe you qualify, you should seek the
advice and counsel of an attorney specializing in lemon law in your
state. Remember that each state's lemon laws vary.
Definitions.
As used in this chapter, the
following terms shall have the respective meanings as indicated:
(1) Consumer.
The purchaser, other than for
purposes of resale, of a new or previously untitled motor vehicle
used in substantial part for personal, family, or household
purposes, and any other person entitled by the terms of such
warranty to enforce the obligations of the warranty.
(2) Motor vehicle.
Every vehicle intended primarily
for use and operation on the public highways which is
self-propelled; provided, however, that the term "motor
vehicle" shall not apply to motor homes or to any motor vehicle
having a manufacturer's gross vehicle weight rating (GVWR) of 10,000
pounds or more.
(3) Manufacturer.
The person, firm, or corporation
engaged in the business of manufacturing, importing and/or
distributing motor vehicles to be made available to a motor vehicle
dealer for retail sale.
(4) Motor vehicle dealer or
Authorized dealer.
The person, firm, or corporation
operating under a dealer agreement from a manufacturer, importer, or
distributor and who is engaged regularly in the business of buying,
selling or exchanging motor vehicles in this state and who has in
this state an established place of business.
(5) Express warranty.
A written warranty, so labeled,
issued by the manufacturer of a new motor vehicle, including any
terms or conditions precedent to the enforcement of obligations
under that warranty.
(6) Nonconforming condition.
Any condition of a motor vehicle
which shall not be in conformity with the terms of any express
warranty issued by the manufacturer to a consumer and which: (i)
significantly impairs the use, value or safety of the motor vehicle
and (ii) occurs or arises solely in the course of the ordinary use
of the motor vehicle, and which does not arise or occur as a result
of abuse, neglect, modification, or alteration of the motor vehicle
not authorized by the manufacturer, nor from any accident or other
damage to the motor vehicle which occurs or arises after such motor
vehicle was delivered by an authorized dealer to the consumer.
(7) Notice of a nonconforming
condition.
A written statement which shall be
delivered to the manufacturer and which shall describe the subject
motor vehicle, the nonconforming condition, and shall describe all
previous attempts to correct such nonconforming condition by
identifying the person, firm or corporation who or which made such
attempt, and the time when such attempt was made.
(8) Lemon law rights period.
The period ending one year after
the date of the original delivery of a motor vehicle to a consumer
or the first 12,000 miles of operation, whichever first occurs.
Section 8-20A-2
Obligations of manufacturer.
(a) If a new motor vehicle does not
conform to any applicable express warranty, and the consumer
delivers the motor vehicle to the manufacturer, its agent, or its
authorized dealer, and gives notice of the nonconforming condition
during the lemon law rights period, the manufacturer of the motor
vehicle shall be obligated to make such repairs to the motor vehicle
as shall be necessary to remedy any nonconforming condition thereof.
Such repairs shall be required even after the expiration of the
lemon law rights period provided that notice of the nonconforming
condition was first given during the lemon law rights period and
provided further that the manufacturer's obligation to repair the
nonconforming condition shall not extend beyond the period of 24
months following delivery of the vehicle or 24,000 miles, whichever
occurs first.
(b) If, after reasonable attempts,
the manufacturer, its agent, or its authorized dealer is unable to
conform the motor vehicle to any express warranty by repairing or
correcting a nonconforming condition of the motor vehicle which
first occurred during the lemon law rights period, the manufacturer
shall, at the option of the consumer, replace the motor vehicle with
a comparable new motor vehicle or shall accept return of the vehicle
from the consumer and refund to the consumer the following:
(1) The full contract price
including, but not limited to, charges for undercoating, dealer
preparation and transportation charges, and installed options, plus
the nonrefundable portions of extended warranties and service
contracts;
(2) All collateral charges,
including but not limited to, sales tax, license and registration
fees, and similar government charges;
(3) All finance charges incurred by
the consumer after he first reported the nonconformity to the
manufacturer, its agent, or its authorized dealer; and
(4) Any incidental damages which
shall include the reasonable cost of alternative transportation
during the period that the consumer is without the use of the motor
vehicle because of the nonconforming condition. There shall be
offset against any monetary recovery of the consumer a reasonable
allowance for the consumer's use of the vehicle. Refunds shall be
made to the consumer, and any lien holders, as their interests may
appear. A reasonable allowance for use is that amount directly
attributable to use by the consumer before his first report of the
nonconformity to the manufacturer, agent, or authorized dealer, and
must be calculated by multiplying the full purchase price of the
motor vehicle by a fraction having as its denominator 100,000 and
having as its numerator the number of miles that the vehicle traveled
before the first report of nonconformity.
(c) It shall be presumed that
reasonable attempts to correct a nonconforming condition have been
allowed by the consumer if, during the period of 24 months following
delivery of the vehicle or 24,000 miles, whichever first occurs,
either of the following events shall have occurred:
(1) The same nonconforming
condition has been subject to repair attempts three or more times by
the manufacturer, its agents or its authorized dealers, at least one
of which occurred during the lemon law rights period, plus a final
attempt by the manufacturer, and the same nonconforming condition
continues to exist; or
(2) The motor vehicle is out of
service and in the custody of the manufacturer, its agent, or an
authorized dealer due to repair attempts (including the final repair
attempt), one of which occurred during the lemon law rights period,
for a cumulative total of 30 calendar days, unless such repair could
not be performed because of conditions beyond the control of the
manufacturer, its agents or authorized dealers, such as war,
invasion, strike, fire, flood, or other natural disaster.
Section 8-20A-3
Cause of action against
manufacturer.
(a) A consumer sustaining damages
as a proximate consequence of the failure by a manufacturer to
perform its obligations imposed under this chapter may bring a civil
action against the manufacturer to enforce the provisions of this
chapter. Prior to the commencement of any such proceeding a consumer
must give notice of a nonconforming condition by certified United
States mail to the manufacturer and demand correction or repair of
the nonconforming condition. If at the time such notice of a
nonconforming condition is given to the manufacturer, a presumption
has arisen that reasonable attempts to correct a nonconforming
condition have been allowed, the manufacturer shall be given a final
opportunity to cure the nonconforming condition. The manufacturer
shall within seven calendar days of receiving the written notice of
nonconforming condition notify the consumer of a reasonably
accessible repair facility. After delivery of the new vehicle to the
authorized repair facility by the consumer, the manufacturer shall
attempt to correct the nonconforming condition and conform the
vehicle to the express warranty within a period not to exceed 14
calendar days. If a manufacturer has established an informal dispute
settlement procedure which is in compliance with federal rules and
regulations, a consumer must first exhaust any remedy afforded to
the consumer under the informal dispute procedure of the
manufacturer before a cause of action may be instituted under the
provisions of this chapter.
(b) It shall be an affirmative
defense to any claim against the manufacturer under this chapter
that: (i) an alleged nonconforming condition does not significantly
impair the use, market value, or safety of the motor vehicle; or
(ii) a nonconforming condition is a result of abuse, neglect, or any
modification or alteration of a motor vehicle by a consumer that is
not authorized by the manufacturer.
(c) If it is determined that the
manufacturer has breached its obligations imposed under this
chapter, then the consumer shall be entitled to recover, in addition
to the remedy provided under Section 8-20A-2 above, an additional
award for reasonable attorneys fees.
Section 8-20A-4
Resale of returned motor vehicle.
If a motor vehicle has been
returned to the manufacturer under the provisions of this chapter or
a similar statute of another state, whether as the result of a legal
action or as the result of an informal dispute settlement
proceeding, it may not be resold in this state unless:
(1) The manufacturer discloses in
writing to the subsequent purchaser the fact that the motor vehicle
was returned under the provisions of this chapter and the nature of
the nonconformity to the vehicle warranty.
(2) The manufacturer returns the
title of the motor vehicle to the Alabama Department of Revenue
advising of the return of the motor vehicle under provisions of this
chapter with an application for title in the name of the
manufacturer. The Department of Revenue shall brand the title issued
to the manufacturer and all subsequent titles to the motor vehicle
with the following statement:
THIS VEHICLE WAS RETURNED TO THE
MANUFACTURER BECAUSE IT DID NOT CONFORM TO ITS WARRANTY.
Section 8-20A-5
No dealership liability.
Nothing in this chapter imposes any
liability upon a motor vehicle dealer or authorized dealer or
creates a cause of action by a consumer against a motor vehicle
dealer or authorized dealer. A motor vehicle dealer or authorized
dealer may not be made a party defendant in any action involving or
relating to this chapter. The manufacturer shall not charge back or
require reimbursement by a motor vehicle dealer or authorized dealer
for any costs, including, but not limited to, any refunds or vehicle
replacements, incurred by the manufacturer arising out of this
chapter.
Section 8-20A-6
Statute of limitations.
Any action brought under this
chapter against the manufacturer shall be commenced within three
years following the date of original delivery of the motor vehicle
to the consumer.
