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.

In essence, the Lemon Laws stipulate that if you buy (and in some states, lease) a new or used car or other vehicle with a manufacturer's warranty that is repeatedly faulty, and the manufacturing business just can't rebuild it despite recurring efforts (inside a designated time limit that varies from state to state), or if the automobile is in the shop for a stipulated time (typically 30 days) due to its faults, you are entitled to a broad range of damages, including:

1. Monetary restitution
2. A restitution of the purchase cost
3. A brand new automobile
Additionally, virtually all the Lemon Laws (and the Federal Warranty Law) feature a fee transferring component which says that if you win your suit, the manufacturing business or dealership which sold you the lemon is forced to repay you for attorneys' expenses.


Lemon Law Statutes
State Lemon Law Regulations
Each of the 50 states has a different Lemon Law statute. Even though the verbiage of each state's statute are distinct, the general state Lemon Law statute provides help for owners with a nonfunctional automobile covered by a warranty if:

1. The dealer or manufacturing business just can not accurately fix a specific defect in the vehicle after a reasonable number of repair tries (generally at least 3);
2. The automobile cannot be used for at least 30 days due to problems in the vehicle; or
3. The dealership or manufacturing business just can not correct a defect that is a vital safety hazard.

Usually, a faulty motor vehicle is a motor vehicle with a problem or condition that considerably impairs its use, value, or safety to the consumer and doesn't comply with the warranty. Typically, the period in which the Lemon Laws apply are relatively short; the troubles and consequential repair attempts (or out-of-service time) occasionally will occur during the first 2-years or 24,000 miles of consumer ownership of the vehicle. However, a number of states have even shorter time periods. Also, almost all states have notice and trigger prerequisites, such as wanting the consumer to send out registered mail notice to the original equipment manufacturer of the shortcomings and establishing the car dealership a chance to repair the vehicle. Furthermore, numbers of states demand that Lemon Law cases be solved through an arbitration program.

Generally, state Lemon Law statues also apply to leased cars and used cars bought while under the makers original warranty. A lot of state Lemon Laws also apply to cars other than passenger automobiles. 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 products (such as electronics)
There are many robust remedies available under the Lemon Laws. U.S. statesten times, if the manufacturing business just can't correct the vehicle, the consumer may either call for the manufacturing business to replace the vehicle, or insist the manufacturing business to reposess the vehicle and return the purchase price together with accompanying costs, such as all bills, towing charges, repair charges, alternative transportation costs 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 laywers' expenses. In many states, if you prevail in a Lemon Law lawsuit, you will not have to pay any attorneys' charges-the motor vehicle manufacturer that sold you your lemon is required to pay your legal charges.

The defendant car original producer can apply many defenses to a Lemon Law claim. The standard regulation provides that the manufacturing business is not responsible if it can affirm that the defects at issue persisted due to misdeed, negligence, or the tampering or modification of a motor vehicle by anyone other than the maker, an agent, or an authorized repair facility. In other words, if the consumer breaks his or her own vehicle, or the defects were the fault of modifications or adjustments performed by a third party, the maker might not be responsible.


Federal Lemon Law Statutes
The Magnuson Moss Act
The Magnuson-Moss Warranty Act is the federal law that regulates consumer goods warranties. Passed by Congress in 1975, the Magnuson Moss Act requires manufacturers and marketers of consumer commodities to give customers itemized facts about warranty coverage benefits. In addition, it regulates both the rights of consumers and the obligations of warrantors under original warranties.

Although the Magnuson Moss Act doesn't require an auto original equipment manufacturer to provide buyers with a warranty, if a warranty is furnished, the Magnuson Moss Act offers numerous protections for the consumer. The Magnuson Moss Act makes it easier for customers to sue for breach of warranty by making breach of warranty noncompliance of federal law, and by allowing purchasers to recuperate court charges and sensible attorney's expenses.

The Magnuson Moss Act is typically effective in a lemon case in which, for some reason, a state Lemon Law claim is not available or furthermore unfavorable. For instance, contrary to the relatively short time period provided to customers with many Lemon Laws, you may file a claim for breach of warranty after the warranty period has passed if the troubles came about during the warranty time period. Additionally, although a few Lemon Laws restrict their coverage benefits to a small offering of automobiles, the Magnuson Moss Act is relevant to just about all consumer goods. The Magnuson Moss Act may also be applicable if you purchased or leased a used automobile without a manufacturing business warranty, or if the automobile is covered by a third party agreement or other type of extended warranty.


The Uniform Commercial Code
The Uniform Commercial Code (referred to as "UCC") has been enacted in every state. It is the principal source of law governing product contracts, including motor vehicles and other items. The UCC offers another legal course for customers with lemon troubles.

UCC code says that the consumer of a good is entitled to return merchandise that break in any sense to the consumer agreement. Thus, if your new product doesn't function as pledged by the original producer (your original warranty is part of your consumer warranty), you may have a claim citing the UCC in addition to any other claims you might have.

The period of time for returning a automobile with the UCC is not limitless. If you come upon a gremlin in your vehicle inside a sensible posession time period, you may return the car. Unfortunately, brand new vehicles can be oftentimes mechanically enigmatic and you might not notice if your item conforms to the agreement till long after you purchase the item and troubles begin to arise. So, if Following this posession time period you don't return the item, you will be stated to have accepted it and will have no claim through the UCC.

The length of the inspection period is not outlined in the regulation. State courts determine how long the reasonable review period is based on the buyer's understanding and past experience, the buyer's difficulty in exposing the defect, and the buyer's opportunity to detect the problem.

In spite of this limit, the UCC says that in certain examples where a consumer is said to have accepted products (i.e. the reasonable review time period has expired), a consumer may still abrogate his acceptation of those products where the non-conformity considerably cripples the value of the products to him. Those cases include instances in which it is laborious to identify the nonconformity or the consumer was ensured that the non-conformity would be remedied. In different words, the court will pardon the consumer from not rejecting the products where the consumer could not have reasonably done so, or where the manufacturer promised the buyer that the problems would be repaired.
Once a vehicle excessively gives out and you have to keep bringing it back to the car dealership for repair under the written warranty, the motor vehicle lemon law might be your next course. The failing should be substantive where it prohibits your driving the item or your safety. A item stalling perpetually is a substantive failing. This is exactly the type of defect that could impair your driving and your safety. Under the motor vehicle lemon law you are not expected to indicate why the automobile is stalling, you merely have to prove that it is stalling. In essence you need to go over the lemon law in these 3 instances: the automobile keeps breaking within the warranty period, the automobile is a safety hazard, the dealer is incapable to correct the automobile when it is warranted.

If you own a product which is a lemon you can directly write to the manufacturing business and ask for a replacement product. If this request is not acceptable to the manufacturing business, you can enter into an arbitration program. A few manufacturers have their own arbitration program. Other manufacturers employ outside arbitration program such as Autoline by the Better Business Bureau. The assessment of the arbitrators is binding on the manufacturing business but not on the buyer. If unsatisfied with the judgment, the buyer can take the manufacturing business to court.

Virtually all laws provide that the purchaser must be restored back to the financial situation they were in before they purchased the car, less the sum that the purchaser benefited from by using the car. To get the refund total numerous factors are considered such as was it a sale or a lease, the purchase price, taxes and license, and mileage etc.
Some nearly new pre-owned cars may qualify under normal lemon laws. For example, a pre-owned automobile may fall under normal lemon laws if it is less than one year old and has fewer than 12,000 miles on the odometer. States which do have a pre-owned car lemon law may be extra cooperative with the age and amount of mileage. Still, the car must be sold by a car dealership that supplies a written warranty. Private party sales are not included, neither are cars sold under a certain price paid. There might be other restrictions to a used car lemon law such as the proposes in which the car is driven or the classification of car. Vintage vehicles, are usually excluded from pre-owned car lemon laws. Used car lemon laws ordinarily cover a much shorter period of time than new car ordinances. They frequently range from 30 to 90 days, based on your pre-owned automobile's mileage.
When picking out a lawyer for your lemon case, make sure that your lawyer is knowledgeable about the ordinances that apply to your state. Also enquire about the fee program. Many lemon law lawyers need a relatively small retainer to manage a lemon law claim, and subsequently, the attorney's fees are billed to the maker. Thus, lemon law claims are typically very low-cost to purchasers. The reimbursement of lawyer expenses varies from state to state. About half of the states allow for you to recoup your Lawyer expenses if you win. The attorney's fee is based upon actual time expended instead of being bound to any portion of the recovery. In a select few States, you must pay the manufacturer's attorney's charges if you lose.

Consumers ought to place their charges in writing and hold a copy. In every written correspondence, always explain how burdensome it is to take the motor vehicle to the dealership for repairs and that the reliableness that the customer believed He or she was acquiring has been non-existent. Any written correspondence with a dealership or maker must be sent using certified postal service. In virtually all suits the manufacturers claim that they haven't had the required number of tries to repair the defect. They assume on the fact that the customer does not keep repair receipts for each occurance they have driven the auto into the authorized dealership. They also count on the possibility that the repair receipts have different items repaired each period establishing that they have not fixed the same problem. Consumers ought to respond by expecting that dealers always hand them a warranty repair order. Consumers should also contend that these unrecorded visits are tries.

Make sure to be mindful of your rights under the lemon laws. Upon purchase, immediately scan your owner's booklet and warranty references thoroughly, along with the info pertaining lemon law rights which you should get when you buy your motor vehicle. Don't count on your dealer to make clear what defects are covered by warranty. If your dealer states that a problem is not covered and you believe that he or she is misleading you, be civil but self-asserting. Don't be afraid to bring out the section of the warranty that applies, or to call the manufacturing business for verification using the contact information included within your owner's booklet. You shouldn't be obligated pay for work related to to lemon law complaints. It's also necessary to give notice the manufacturing business of a complaint promptly. If you think that your car has a problem what just can not be remedied, check out your lemon law rights to see when you are able to file 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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