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.

Generally, the Lemon Laws state that if you acquire (and in several states, lease) a new or pre-owned vehicle or other vehicle covered by a manufacturer's warranty that is defective, and the original producer just can not fix it in spite of consecutive tries (within a designated time that differs from state to state), or if the car is not usable for a stipulated time period (usually 30 days) due to its faults, you are qualified to a broad number of abuses, including:

1. Money restitution
2. A refund of the original money paid
3. A new automobile
Additionally, virtually all the Lemon Laws (and the Federal Warranty Law) contain a fee transferring component that says that if you win your suit, the original producer or dealer which sold you your lemon is obligated to pay your court fees.


Lemon Law Regulations
State Lemon Law Statutes
Each of the 50 states has a unique Lemon Law statute. Although the verbiage of each state's statute are different, the common state Lemon Law statute extends aid to a consumer with a impared automobile purchased with a warranty if:

1. The dealer or original producer cannot correctly correct a particular defect in the product after a reasonable number of repair attempts (ordinarily at least 3);
2. The car can't be driven for at least 30 days due to flaws in the car; or
3. The dealer or original producer just can't correct a failing that is a important safety risk.

Usually, a defective automobile is a automobile with a defect or affliction that frequently degrades its use, economic value, or safety to the consumer and doesn't comply with the written warranty. Typically, the period in which the Lemon Laws are applicable are relatively short; the faults and consequential repair efforts (or out-of-service period of time) usually will occur during the first 2-years or 24,000 miles of consumer ownership of the car. However, a number of states have even shorter periods. Also, almost all states have notification and initiation prerequisites, such as requiring the consumer to send out registered mail notice to the maker of the problems and affording the car dealership a chance to remedy the automobile. Moreover, several states require that Lemon Law suits be solved through an arbitration proceeding.

Generally, state Lemon Law regulation codes also are applicable to leased vehicles and used vehicles purchased whilst under the makers factory warranty. A lot of state Lemon Laws also are applicable to vehicles other than passenger cars. depending upon the customer's home residence, or the state where the consumer purchased the motor vehicle, Lemon Laws may be applicable to:

-RV's
-Motorcycles
-Pleasure Craft
-Other consumer products (like electronics)
There are many effective resolutions available under the Lemon Laws. American Statesten times, if the maker cannot fix the motor vehicle, the consumer can either call for the maker to replace the motor vehicle, or force the manufacturing business to take the motor vehicle and refund the purchase price plus incidental damages, including all invoices, towing charges, repair costs, alternative travel charges and other charges incurred by the consumer as a result of the problems in the motor vehicle. Another important resolution available under most Lemon Laws is legal expenses. In almost all states, if you win in a Lemon Law case, you will not have to pay any attorneys' fees-the automobile original maker that sold you your lemon is forced to pay for your court expenses.

The defendant car original equipment manufacturer can employ assorted defenses to a Lemon Law claim. The general statute affords that the maker is not responsible if it can prove that the problems at issue were caused by exploitation, disregard, or the alteration or modification of a car by a party other than the manufacturer, its agent, or an authorized dealer. In different words, if the consumer damages his or her own motor vehicle, or the shortcomings were a consequence of modifications or adjustments conducted by an unauthorized dealer, the manufacturer could not be liable.


Federal Lemon Law Statutes
The Magnuson Moss Act
The Magnuson-Moss Warranty Act is the federal law that regulates consumer merchandise warranties. Sanctioned by Congress in 1975, the Magnuson Moss Act requires manufacturers and sellers of consumer commodities to provide consumers detailed info about warranty coverage claims. Also, it determines both the rights of consumers and the responsibilities of warrantors under written warranties.

Although the Magnuson Moss Act doesn't demand an vehicle original producer to furnish customers with a warranty, if a warranty is provided, the Magnuson Moss Act offers a number of protections for the consumer. The Magnuson Moss Act makes it easier for buyers to sue for breaking the warranty by making breach of warranty a violation of federal law, and by allowing for purchasers to recover litigation costs and reasonable attorneys' fees.

The Magnuson Moss Act is often applicable in a lemon situation where, for some reason, a state Lemon Law claim is unavailable or furthermore unfavorable. For example, divaricate from the generally short period offered to customers within most Lemon Laws, you can record a claim for breach of warranty after the warranty period has expired as long as the defects came about during the warranty time period. Furthermore, although many Lemon Laws limit their coverage to a very specific offering of vehicles, the Magnuson Moss Act applies to nearly all consumer goods. The Magnuson Moss Act could also be applicable if you purchased or leased a used vehicle without a manufacturing business warranty, or if the motor vehicle is covered by a third party service contract or other variant of extended warranty.


The Uniform Commercial Code
The Uniform Commercial Code (referred to as "UCC") has been passed in every state. It is the foundational authority of law governing product contracts, including automobiles and other items. The UCC provides another legal route for public consumers with lemon troubles.

UCC code says that the purchaser of a good is entitled to return goods which do not perform in any feature to the consumer agreement. Essentially, if your brand new product does not operate as established by the original equipment manufacturer (your original warranty is part of your agreement), you may file a claim citing the UCC in addition to any other claims you may have.

The period of time for rejecting a motor vehicle with the UCC is not limitless. If you detect a problem in your car inside a reasonable ownership time period, you can take back the motor vehicle. Unfortunately, new motor vehicles are oftentimes mechanically complex and you may not know if your automobile conforms to the consumer agreement till long after you buy the automobile and defects start to come up. Therefore, if Long after this ownership time you don't return the automobile, you will be stated to have approved of it and will have no claim through the UCC.

The length of the review time period is not delineated in the regulation. Courts decide how long the sensible review period is based on the consumer's expertise and past experience, the consumer's trouble in exposing the flaw, and the consumer's opportunity to see the problem.

In spite of this limit, the UCC provides that in certain examples where a consumer is alleged to have approved of products (i.e. the sensible review period has expired), a consumer can still negate his acceptation of those products where the non-conformity frequently impares the economic value of the products to him. Those examples include suits where it is burdensome to come across the nonconformity or the consumer was ensured that the non-conformity would be repaired. In different words, the local court will exempt 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 motor vehicle excessively gives out and you have to keep taking it back to the dealer for repair under the warranty, the automobile lemon law may be your next course. The fault must be significant in which it hinders your driving the car or your safety. A car stalling perpetually would be a significant fault. This is exactly the type of problem that may impair your driving and your safety. Under the car lemon law you are not expected to prove why the car is stalling, you only have to show that it is stalling. Put simply you need to look into the lemon law in these three situations: the motor vehicle keeps failing within the warranty period, the motor vehicle is a safety risk, the car dealership is unable to rebuild the motor vehicle when it is guaranteed.

If you have a car which is a lemon you can directly write to the original producer and ask for another equivalent car. If this requirement is not satisfactory to the original producer, you could enter into an arbitration program. A few manufacturing business* have their own arbitration program. Other manufacturing business* utilize external arbitration program like Autoline by the Better Business Bureau. The proposition of the arbitrators is binding on the original producer but not on the purchaser. If unsatisfied with the recommendation, the purchaser can take the original producer to court.

Virtually all regulations state that the purchaser needs to be returned back to the fiscal status they were in prior to purchasing the vehicle, less the measure that the purchaser gained from by using the vehicle. To get the repayment total various factors are considered such as was it a sale or a lease, the purchase price, taxes and license, and mileage etc.
Some nearly new used automobiles may qualify under regular lemon laws. For example, a pre-owned motor vehicle might fall under regular 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 used motor vehicle lemon law might be additionally generous with the age and measure of mileage. Still, the motor vehicle needs to be sold by a dealer that provides a written warranty. Personal sales aren't involved, nor are cars sold under a stated price paid. There could be additional restrictions to a used car lemon law such as the proposes in which the vehicle is pre-owned or the classification of vehicle. Older motor vehicles, are commonly excluded from used motor vehicle lemon laws. Used car lemon laws normally cover a much shorter period than brand new car regulations. They frequently range from 30 to 90 days, based on your used car's mileage.
When finding 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 need a generally minor retainer to address a lemon law claim, and thereafter, the attorney's bills are sent to the manufacturer. Thus, lemon law claims are commonly very affordable to customers. The reimbursement of attorney fees varies from state to state. About one-half of the states allow for you to recuperate your Attorney bills if you win. The attorney's fee is based upon actual time used instead of being linked to any other portion of the recovery. In a few States, you will pay the manufacturer's attorney's invoices if you lose.

Consumers ought to record their charges in writing and retain a copy. In all written communication, always describe how taxing it is to bring the car to the car dealership for repairs and that the reliability that the buyer thought He was acquiring has been non-existent. Any written communication with a car dealership or manufacturer ought to be sent using certified postal service. In almost all instances the manufacturing business* claim that they haven't had the required number of efforts to remedy the defect. They bet on the reality that the buyer doesn't keep repair sheets for each time they have brought the motor vehicle into the authorized dealership. They also count on the possibility that the repair sheets have seperate things repaired each period establishing that they haven't repaired the same problem. Consumers should respond by expecting that dealers always hand them a warranty repair order. Consumers must also debate that these unwritten visits are efforts.

Make sure to be cognisant of your rights under the lemon laws. Upon purchase, immediately page through your owner's folder and warranty principles entirely, and the information concerning lemon law rights that you ought to get when you acquire your motor vehicle. Don't rely on your dealership to describe what problems are covered by warranty. If your dealership states that a problem isn't covered and you believe that he is misleading you, be genteel but self-asserting. Don't be afraid to bring out the part of the warranty that is relevant, or to call the manufacturer for verification applying the contact info included in your owner's folder. You should not be obligated pay for repairs connected to lemon law complaints. It's also necessary to notify the manufacturer of a complaint right away. If you believe that your motor vehicle has a defect what can't be remedied, check your lemon law rights to see when you are able to submit 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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