Lemon Law - Arizona
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.
44-1261
. Definitions; exemptions
A. In this article, unless the
context otherwise requires:
1. "Consumer" means the
purchaser, other than for purposes of resale, of a motor vehicle,
any person to whom the motor vehicle is transferred during the
duration of an express warranty applicable to the motor vehicle or
any other person entitled by the terms of the warranty to enforce
the obligations of the warranty.
2. "Motor vehicle" means
a self-propelled vehicle designated primarily for the transportation
of persons or property over the public highways.
3. If the motor vehicle is a motor
home, the provisions of this article shall apply to the
self-propelled vehicle and chassis but does not include those
portions of the vehicle designed, used or maintained primarily as a
mobile dwelling, office or commercial space.
4. The provisions of this article
do not apply to a motor vehicle with a declared gross weight over
ten thousand pounds.
44-1262 . New motor vehicle;
repair during express warranty or two years or twenty-four thousand
miles
A. If a new motor vehicle does not
conform to all applicable express warranties:
- A consumer shall report the
nonconformity to the manufacturer, its agent or its authorized
dealer or issuer of a warranty during the shorter of the
following:
- (a) The term of the express
warranty.
- (b) The period of two years
or twenty-four thousand miles following the date of original
delivery of the motor vehicle to the consumer, whichever is
earlier.
- The manufacturer, its agent or
its authorized dealer or the issuer of a warranty shall make
those repairs that are necessary to conform the motor vehicle to
such express warranties, even if the repairs are made after the
expiration of the term or two year period or twenty-four
thousand mile limit.
B. This section does not limit in
any way the remedies available to a consumer under a new motor
vehicle warranty that extends beyond the limits prescribed in this
section.
44-1263 . Inability to
conform motor vehicle to express warranty; replacement of vehicle or
refund of monies; affirmative defenses
A. If the manufacturer, its agents
or its authorized dealers are unable to conform the motor vehicle to
any applicable express warranty by repairing or correcting any
defect or condition which substantially impairs the use and value of
the motor vehicle to the consumer after a reasonable number of
attempts, the manufacturer shall replace the motor vehicle with a
new motor vehicle or accept return of the motor vehicle from the
consumer and refund to the consumer the full purchase price,
including all collateral charges, less a reasonable allowance for
the consumer's use of the vehicle. The manufacturer shall make
refunds to the consumer and lienholder, if any, as their interests
appear. A reasonable allowance for use is that amount directly
attributable to use by the consumer before his first written report
of the nonconformity to the manufacturer, agent or dealer and during
any subsequent period when the vehicle is not out of service by
reason of repair.
B. It is an affirmative defense to
any claim under this article that either:
- An alleged nonconformity does
not substantially impair the use and market value of the motor
vehicle.
- A nonconformity is the result of
abuse, neglect or unauthorized modifications or alterations of
the motor vehicle.
44-1264 . Reasonable number
of attempts to conform motor vehicle to express warranty;
presumption
A. It is presumed that a reasonable
number of attempts have been undertaken to conform a motor vehicle
to the applicable express warranties if either:
- The same nonconformity has been
subject to repair four or more times by the manufacturer or its
agents or authorized dealers during the shorter of the express
warranty term or the period of two years or twenty-four thousand
miles following the date of original delivery of the motor
vehicle to the consumer, whichever is earlier, but the
nonconformity continues to exist.
- The motor vehicle is out of
service by reason of repair for a cumulative total of thirty or
more calendar days during the shorter of the express warranty
term or the two year period or twenty-four thousand miles,
whichever is earlier.
B. The term of an express warranty,
the two year period and the thirty day period are extended by any
period of time during which repair services are not available to the
consumer because of any war, invasion, strike, fire, flood or other
natural disaster.
C. The presumption prescribed in
this section does not apply against a manufacturer unless the
manufacturer has received prior direct written notification from or
on behalf of the consumer of the alleged defect and has had an
opportunity to cure the alleged defect.
44-1265 . Nonlimitation of
rights; refund or replacement not required if certain procedures not
followed; attorney fees
A. If a manufacturer has
established or participates in an informal dispute settlement
procedure which complies in all respects with 16 code of federal
regulations part 703, section 44-1263 relating to refunds or
replacement does not apply to any consumer who has not first
resorted to such a procedure.
B. A consumer shall begin an action
under this article within six months following the earlier of
expiration of the express warranty term or two years or twenty-four
thousand miles following the date of original delivery of the motor
vehicle to the consumer, whichever is earlier. If a consumer
prevails in an action under this article, the court shall award the
consumer reasonable costs and attorney fees.
44-1266 . Notice to dealers
and prospective purchasers
A. A manufacturer who has been
ordered by judgment or decree to replace or repurchase a motor
vehicle pursuant to this article or the repair or replace laws of
another state shall, before offering the motor vehicle for resale,
attach to the motor vehicle written notification indicating the
motor vehicle has been replaced or repurchased. A consumer has a
cause of action against any person who removes the written
notification from the motor vehicle, except as provided in
subsection B of this section.
B. A motor vehicle dealer, broker,
wholesale motor vehicle dealer or wholesale motor vehicle auction
dealer as defined in section 28-4301 who offers for sale a motor
vehicle that has been replaced or repurchased pursuant to this
article or the repair or replace laws of another state shall provide
the purchaser with the manufacturer's written notification
indicating that the motor vehicle has been replaced or repurchased
before completion of the sale.
C. It shall constitute an
affirmative defense in an action brought pursuant to subsection A of
this section against a motor vehicle dealer or an agent of a motor
vehicle dealer that the notification described in subsection A of
this section was removed by someone other than the dealer or agent
without the knowledge of the dealer or agent.
