Alaska Lemon Law Firms and the Alaska lemon law code.

Alaska Statutes, Title 45, Chapter 45, §§ 300-360

AS 45.45.300. Repairs Required.

If a new motor vehicle does not conform to an express warranty that is applicable to it and the owner of the vehicle reports the defect or condition to the manufacturer of the vehicle or to the manufacturer s or distributor s dealer during the term of the warranty, the manufacturer, distributor, dealer, or a repairing agent shall make the necessary repairs to conform the vehicle to the express warranty.

AS 45.45.305. Replacement or Refund.

If during the term of the express warranty or within one year from the date of delivery of the motor vehicle to the original owner, whichever period terminates first, the manufacturer, distributor, dealer, or repairing agent is unable to conform the motor vehicle to an applicable express warranty after a reasonable number of attempts, the manufacturer or distributor shall accept the return of the nonconforming motor vehicle, and, at the owner's option, shall replace the nonconforming vehicle with a new, comparable vehicle or shall refund the full purchase price to the owner less a reasonable allowance for the use of the motor vehicle from the time it was delivered to the original owner. A refund under this section shall be made to a lienholder of record, if any, and the owner, as their interests may appear.

AS 45.45.310. Notice By Owner.

In order to claim a refund or replacement under AS 45.45.305, the owner shall give written notice by certified mail to the manufacturer and its dealer or repairing agent at any time before 60 days have elapsed after the expiration of the express warranty or the one-year period after the date of delivery of the motor vehicle to the original owner, whichever period terminates first, (1) stating that the vehicle has a nonconformity; (2) providing a reasonable description of the nonconformity; (3) stating that the manufacturer, distributor, dealer, or repairing agent has made a reasonable number of attempts to conform the vehicle; and (4) stating that the owner demands a refund or replacement vehicle to be delivered on the 60th day after the mailing of the written notice. Within 30 days after receiving the notice required by this section the manufacturer may make a final attempt to conform the vehicle before a refund or replacement is made under AS 45.45.305.

AS 45.45.315. Exceptions.

An owner may not receive a refund or replacement under AS 45.45.300 - 45.45.360 if the manufacturer or distributor shows that the nonconformity complained of

(1) does not substantially impair either the use or the market value of the motor vehicle; or

(2) is the result of alteration of the motor vehicle by the owner or a person other than a dealer or repairing agent that is not authorized by the manufacturer or distributor; or abuse or neglect by the owner or a person other than the dealer or repairing agent.

AS 45.45.320. Presumption.

A presumption that a reasonable number of attempts have been made to conform a motor vehicle under an applicable express warranty is established if:

(1) the same nonconformity has been subject to repair three or more times by the manufacturer, distributor, dealer, or repairing agent during the term of the express warranty or the one-year period after delivery of the motor vehicle to the original owner, whichever period terminates first, but the nonconformity continues to exist; or

(2) the vehicle is out of service for repair for a total of 30 or more business days during the express warranty term or the one-year period referred to in (1) of this section, whichever period terminates first; any period of time that repairs are not performed for reasons that are beyond the control of the manufacturer, distributor, dealer, or repairing agent is excluded from the 30-day time period referred to in this paragraph.

AS 45.45.325. Parts Availability.

A manufacturer whose vehicles are sold in the state through an authorized dealer shall provide its dealer or repairing agent with any part necessary to make a repair of a nonconformity covered under an express warranty, as soon as possible, without additional charge for freight or handling, if the part is not in the dealer's or agent's inventory when the nonconforming vehicle is brought to the dealer or repairing agent for repair.

AS 45.45.335. Resale Without Disclosure Prohibited.

A motor vehicle returned under AS 45.45.305 may not be resold by the manufacturer or distributor in the state unless full disclosure of the reason for the return is made to the prospective buyer before the resale is concluded.

AS 45.45.340. Other rights and remedies.

The provisions of AS 45.45.300 - 45.45.360 do not limit other rights and remedies that may be available to the owner of a motor vehicle under other provisions of law. This section does not create a new cause of action against a dealer or repairing agent who sells or attempts to repair a motor vehicle found to be nonconforming under AS 45.45.300 - 45.45.360.

AS 45.45.345. Repair Facilities.

A manufacturer or distributor or motor vehicles who authorizes the sale of the manufacturer's or distributor's motor vehicles in the state shall maintain authorized dealership facilities within the state that are able to perform the service and make the repairs required by the manufacturer's express warranty and by AS 45.45.300 - 45.45.360. AS 45.45.350. Reimbursement of Shipping Costs.

A manufacturer or distributor who accepts the return of a nonconforming motor vehicle under AS 45.45.305 shall reimburse the owner for any reasonable cost incurred in shipping the vehicle to and from the nearest authorized facility for warranty service and repair of a nonconformity that causes the return of the vehicle.

AS 45.45.355. Arbitration or Mediation.

If a manufacturer or distributor has established an informal dispute settlement procedure that substantially complies with the requirements of 16 C.F.R. 703, as that section may be amended, or if the manufacturer or distributor, after receipt of notice required by AS 45.45.310, offers in writing to participate in an arbitration or mediation process with the owner and the arbitration or mediation decision is binding on the manufacturer or distributor but not on the owner, and if the informal dispute settlement or arbitration or mediation process is approved by the attorney general, the provisions of AS 45.45.305 concerning refund or replacement or AS 45.45.350 concerning shipping costs do not apply to an owner who has not first resorted to the informal dispute settlement procedure or arbitration or mediation process.

AS 45.45.360. Definitions

Definitions in AS 45.45.300 - 45.45.360:

(1) "dealer" means a person who has obtained a franchise from, or is authorized by, a motor vehicle manufacturer to engage in the retail sale and warranty repair of the manufacturer's new motor vehicles in the state;

(2) "distributor" means a person who is authorized by a manufacturer to engage in the wholesale distribution of the manufacturer's new motor vehicles in the state;

(3) "express warranty" or "warranty" means an express written warranty provided by the manufacturer of a new motor vehicle;

(4) "full purchase price" means the total price paid for a motor vehicle by the original owner, including costs added to the retail price, such as original registration fees, transportation fees, dealer preparation, and dealer installed options;

(5) "manufacturer" means a person who by labor transforms raw materials and component parts into motor vehicles for wholesale or retail sale;

(6) "motor vehicle" or "vehicle" means a land vehicle having four or more wheels, that is self-propelled by a motor, is normally used for personal, family, or household purposes, and is required to be registered under AS 28.10; but does not include a tractor, farm vehicle, or a vehicle designed primarily for off-road use;

(7) "nonconformity" means a defect or condition in a motor vehicle caused by a manufacturer, distributor, dealer, or repairing agent that substantially impairs the use or market value of a vehicle;

(8) "owner" means a purchaser, other than for resale, of a new motor vehicle, and a person to whom ownership of the motor vehicle is transferred in conformity with AS 28;

(9) "reasonable allowance" means an amount attributable to an owner's use of a motor vehicle; a "reasonable allowance" may not exceed an amount equal to the depreciation in value of the vehicle for the period during which the vehicle is available for use by the owner, calculated by a straight line depreciation method over seven years, plus an amount equal to the depreciation in value of the vehicle that is caused by any neglect or abuse by the owner; or body damage not caused by a nonconformity;

(10) "repairing agent" means a person who has been specifically authorized by a motor vehicle manufacturer or distributor to perform warranty repairs in the state on one or more of the manufacturer's or distributor's motor vehicles;

(11) "substantially impairs the market value" means a nonconformity that substantially decreases the dollar value of a vehicle to the owner when compared to the dollar value of a similar vehicle that does not have the nonconformity;

(12) "substantially impairs the use" means a nonconformity that prevents a motor vehicle from being operated or makes the vehicle unsafe to operate.

Although it varies from state to state, the Lemon Laws provide that if you purchase (and in many states, lease) a new or used vehicle or other vehicle under warranty that is found to be damaged after repeated repair attempts, and the original maker just can't rebuild it despite recurrent efforts (in a stipulated time that differs from state to state), or if the motor vehicle is not usable for a fixed time (usually 30 days) because of its faults, you are eligible to a wide range of breaks, inclusive of:

1. Monetary restitution
2. A compensation of your purchase price
3. A new vehicle
Additionally, almost all the Lemon Laws (as well as the Federal Warranty Law) feature a fee switching element which states that if you win your suit, the original producer or dealer that sold you the lemon is expected to pay court expenses.


Lemon Law Regulations
State-specific Lemon Law Statutes
Each of the 50 states has a unique Lemon Law statute. Even though the verbiage of each state's statute are distinct, the general state Lemon Law statute affords compensation for buyers with a nonfunctional car covered by a warranty if:

1. The dealership or original producer just can't genuinely remedy a specific flaw in the motor vehicle after a reasonable number of repair tries (commonly at least three);
2. The vehicle cannot be used for at least 30 days due to troubles in the automobile; or
3. The dealership or original producer just can't repair a gremlin that is a significant safety risk.

More often than not, a bad automobile is a vehicle with a condition or affliction that substantially degrades its usability, value, or safety to the consumer and doesn't maintain the standard of the warranty. Typically, the time period in which the Lemon Laws apply are rather short; the faults and subsequent repair efforts (or out-of-service time period) generally will occur during the first two-years or 24,000 miles that you own the automobile. However, a number of states have even shorter time periods. Furthermore, virtually all states have notification and activation prerequisites, such as requiring the consumer to send out registered post notice to the manufacturing business of the flaws and establishing the dealership an option to fix the car. Moreover, most states expect that Lemon Law claims be settled through an arbitration procedure.

Generally, state Lemon Law regulations also are applicable to leased vehicles and preowned cars bought while under the makers original warranty. A lot of state Lemon Laws also are applicable to vehicles other than passenger cars. depending on the consumer's home state, or the state in which the consumer purchased the car, Lemon Laws may be applicable to:

-RV's
-Motorcycles
-Pleasure Craft
-Other consumer commodities (such as computers)
There are a number of effective solutions available under the Lemon Laws. American Statesally, if the original equipment manufacturer just can't repair the vehicle, the consumer may either call for the original equipment manufacturer to replace the car, or demand the original equipment manufacturer to take back the vehicle and payback the price paid together with incidental damages, including all bills, towing charges, repair costs, associated transportation charges and other charges incurred by the consumer as a consequence of the problems in the vehicle. Another important resolution available under most Lemon Laws is litigation expenses. In most states, if you prevail in a Lemon Law lawsuit, you won't have to pay any attorneys' bills-the automobile maker that sold you your lemon is forced to pay your court bills.

The defendant auto manufacturing business can employ several defenses to a Lemon Law claim. The common regulation extends that the maker is not liable if it can verify that the defects in question happened due to abuse, disregard, or the tampering or modification of a auto by a party other than the original equipment manufacturer, its agent, or its authorized dealer. In other words, if the consumer abuses his or her own vehicle, or the problems were caused by changing or changes conducted by an unauthorized dealer, the original equipment manufacturer could not be liable.


Federal Lemon Law Statutes
The Magnuson Moss Act
The Magnuson-Moss Warranty Act is the federal law that governs consumer merchandise warranties. Approved by Congress in 1975, the Magnuson Moss Act requires manufacturers and marketers of consumer goods to provide consumers with itemized information about warranty coverage. Also, it sets both the rights of consumers and the obligations of warrantors under manufacturer warranties.

Even though the Magnuson Moss Act does not demand an auto manufacturing business to furnish purchasers with a warranty, if a warranty is furnished, the Magnuson Moss Act offers many protections for the consumer. The Magnuson Moss Act makes it easier for customers to sue for breaking the warranty by making breach of warranty noncompliance of federal law, and by allowing for consumers to recover court costs and sensible laywers' expenses.

The Magnuson Moss Act is oftentimes helpful in a lemon suit in which, for some reason, a state Lemon Law claim is not applicable or furthermore unsuited. For instance, unlike the generally short time period provided to customers with almost all Lemon Laws, you could bring a claim for breach of warranty after the warranty period has expired as long as the problems occured during the warranty time period. Moreover, although some Lemon Laws limit their coverage to a small number of vehicles, the Magnuson Moss Act applies to just about all consumer products. The Magnuson Moss Act might also apply if you bought or leased a expended vehicle without a manufacturer's warranty, or if the vehicle is covered by a service contract or other type of extended warranty.


The Uniform Commercial Code
The Uniform Commercial Code (referred to as "UCC") has been passed in all states. It is the main agent of law governing contracts dealing with the sale of products, including cars and other items. The UCC provides a legal course for consumers with lemon troubles.

UCC code stipulates that the purchaser of a product is entitled to return product which break in any respect to the warranty. Therefore, if your new item does not work as established by the original equipment manufacturer (your written warranty is a portion of your warranty), you can file a claim citing the UCC in addition to whatever other claims you may have.

The period for taking back a motor vehicle with the UCC is not limitless. If you find a deficiency in your vehicle inside a reasonable review period, you may reject the car. Unfortunately, new cars are typically mechanically complex and you may not recognize if your automobile conforms to the warranty till after you acquire the automobile and troubles start to come up. So, if Long after this review time period you do not refuse the automobile, you will be stated to have accepted it and will have no claim through the UCC.

The duration of the inspection period is not specified in the statute. Local courts decide how long the sensible inspection period is based on the purchaser's familiarity and experience, the purchaser's difficulty in exposing the deficiency, and the purchaser's chance to come upon the gremlin.

In spite of this limitation, the UCC says that in certain instances where a consumer is deemed to have accepted products (i.e. the sensible inspection time has expired), a consumer can still take back his favorable reception of those goods where the non-conformity substantially cripples the marketability of the goods to him. Those cases include lawsuits where it proves difficult to expose the nonconformity or the consumer was ensured that the non-conformity would be remedied. In different words, the local court will pardon the consumer from not rejecting the goods where the consumer could not have sensibly done so, or where the manufacturer promised the buyer that the problems would be repaired.
When a motor vehicle excessively fails and you have to keep bringing it back to the car dealership for repair under the warranty, the automobile lemon law can be your next refuge. The fault ought to be substantial in which it prohibits your driving the vehicle or your safety. A vehicle stalling perpetually would be a substantial fault. This is precisely the type of condition that could hamper your driving and your safety. Under the auto lemon law you are not obliged to indicate why the auto is stalling, you only have to establish that it is stalling. In essence you need to check the lemon law in these three examples: the auto keeps failing within the warranty period, the auto is a safety risk, the dealer is not able to fix the auto when it is guaranteed.

If you have a vehicle which is a lemon you can immediately write to the manufacturing business and ask for another equivalent vehicle. If this requirement is not satisfactory to the manufacturing business, you could move into an arbitration arrangement. A few makers use their own arbitration program. Other makers utilize outside arbitration program such as Autoline by the BBB. The opinion of the arbitrators is binding on the manufacturing business but not on the buyer. If unsatisfied with the recommendation, the buyer can take the manufacturing business to court.

Virtually all regulations specify that the owner needs to be returned back to the fiscal situation they were in before they purchased the automobile, less the amount of money that the owner profited from by using the automobile. To get the payback sum many elements are considered such as was it a sale or a lease, the purchase price, taxes and license, and mileage etc.
Some virtually new used motor vehicles will qualify under normal lemon laws. For example, a pre-owned auto may fall under normal lemon laws if it is less than 1 year old and has got fewer than 12,000 miles on the odometer. States that do have a pre-owned auto lemon law may be more cooperative with the age and measure of mileage. Still, the auto must be sold by a dealer that provides a written warranty. Private sales aren't involved, neither are automobiles sold under a specific original cost. There might be other restrictions to a used car lemon law such as the proposes in which the automobile is used or the categorisation of automobile. Classic automobiles, are usually excluded from used auto lemon laws. Used auto lemon laws usually cover a much shorter period of time than brand new auto regulations. They oftentimes range from 30 to 90 days, depending on your pre-owned automobile's mileage.
When choosing an attorney for your lemon case, make sure that your lawyer is knowledgeable about the ordinances that cover to your state. Also enquire about the fee program. Many lemon law attorneys require a rather modest retainer to address a lemon law claim, and subsequently, the attorney's bills are billed to the original equipment manufacturer. Essentially, lemon law claims are commonly very inexpensive to public consumers. The reimbursement of attorney expenses differs from state to state. About one-half of the states allow you to recoup your Lawyer expenses if you win. The attorney's fee is based upon actual time used rather than being bound to any share of the recuperation. In many States, you must pay the manufacturing business* attorney's charges if you lose.

Consumers should place their charges in writing and save a copy. In all written communication, always outline how difficult it is to bring the auto to the dealer for work and that the reliability that the purchaser believed She was buying has been non-existent. Any written communication with a car dealership or original equipment manufacturer must be sent using certified postal service. In many suits the makers claim that they haven't had the requisite number of efforts to remedy the condition. They assume on the knowledge that the purchaser does not retain repair receipts for each occurance they have brought the auto into the authorized dealership. They also rely on the possibility that the repair receipts have seperate things repaired each time establishing that they have not fixed the same condition. Consumers should respond by demanding that dealerships always hand them a warranty repair sheet. Consumers must also contend that these unrecorded trips are attempts.

Make sure to be aware of your lemon law rights. Upon purchase, immediately page through your owner's book and warranty information entirely, as well as the data pertaining lemon law rights that you should get when you buy your motor vehicle. Don't rely on your dealership to explain what troubles are covered by warranty. If your dealership states that a condition isn't covered and you think that she is purposely misleading you, be civil but assertive. Don't be frighted to point out the section of the warranty that applies, or to call the original equipment manufacturer for substantiation applying the contact data included with your owner's book. You should not be obligated pay for corrections pertained to lemon law complaints. It's also necessary to give notice the original equipment manufacturer of a complaint right away. If you suspect that your vehicle has a defect which can't be repaired, check your lemon law rights to see when you are able to bring a lemon law complaint.

Lemon Law Tips:

1. Take your car in early - as soon as something appears wrong.
2. Hold onto repair orders - Always obtain a work order when you take the vehicle for repairs, and always obtain a completed repair order when work is completed. Be sure the work order reflects your own thoughts and comments regarding your complaints. If the technician summarizes or changes your complaint too much, have that technician add your corrected comments. Sign and receive a copy of the repair Order before leaving.
3. Be consistent in your complaints. Lemon Laws generally require that a manufacturer's authorized repair facility be provided with a reasonable number of opportunities to repair the same problem(s). Therefore, be as consistent as possible on each repeated repair attempt in describing the problem(s) you are having. This will establish that the problem is the same recurring problem, and will make any potential lemon law claim easier to establish and prove.

4. Look for TSBs: Technical Service Bulletins are issued by manufacturers regarding common defects or repairs in certain automobile models. Your dealer will not seek to tell you about TSBs unless you ask. Ask the dealer to make note of your TSB request on the repair order, even if your dealer tells you that none exist for your problem.
5. Watch for bad advice - Dealers and manufacturers personnel, without intending to, frequently practice law by giving you their version of lemon laws. Typically it is wrong and may be detrimental to your case. It doesn't matter whether the reason for this misinformation is unintentional or not. The effect is similar. So check any advice given by the dealer or manufacturer before making any decision that may harm your case.

6. Beware of arbitration - Manufacturers frequently recommend arbitration or even imply that it is a mandatory prerequisite to resolving your problem. Arbitration is neither desirable nor mandatory! And it is absolutely not a prerequisite for making a lemon law demand!
Leading Misconceptions regarding the Lemon Laws

If my case does not qualify for the lemon law there is nothing I can do.
Attorneys regularly take cases that do not meet the lemon law criteria. All purchasers of defective products have a legal right to compensation. They frequently take cases which do meet the mileage or repair criteria of the lemon law, bring them in court, and secure compensation or other relief for the buyer.

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