| Arizona Lemon Law Firms, the Arizona lemon law code, and information
Arizona Lemon Law Firms:
This is a list of law firms that are registered as specializing in Arizona lemon law cases.
| Law Office of Fein, Flynn & Associates |
3900 E. Broadway Blvd. Suite 205 Tucson, AZ 85711 85711 |
147.64 miles |
| (520) 547-7940 |
www.tucsonlaw.com |
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| DeConcini McDonald Yetwin & Lacy, P.C. |
2525 East Broadway Suite 200 Tucson, AZ 85716-5300 85716 |
147.71 miles |
| (520) 322-5000 |
www.deconcinimcdonald.com |
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| Thompson Law Group, P.C. |
2321 E. Speedway Blvd. Tucson, AZ 85719-4730 85719 |
148.58 miles |
| (520) 882-5633 |
www.thompsonlawgroup.com |
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| Sanders & Parks, P.C. |
3030 North Third Street Suite 1300 Phoenix, AZ 85012-3099 85012 |
166.94 miles |
| (602) 532-5600 |
www.sandersandparks.com |
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| ABQ LAW CLINIC/MORRIS LAW FIRM, P.A. |
901 Lomas Boulevard, NW Albuquerque, NM 87102 87102 |
169.39 miles |
| (800) 992-5617 |
www.abqlawclinic.com |
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| The Jaffe Law Firm |
13th Floor PO Box 809 320 Gold Ave. S. W. Suite 1300 Albuquerque, NM 87103-0809 87103 |
174.81 miles |
| (505) 242-9311 |
www.thejaffelawfirm.com |
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| Raines & Travers, LLC |
4425 Juan Tabo NE, Ste. 112 Albuquerque, NM 87111-2681 87111 |
179.00 miles |
| (505) 296-4460 |
rainestravers.lawoffice.com |
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| Mark T. Davis |
1554 Lomaland El Paso, TX 79935 79935 |
218.03 miles |
| (915) 779-3596 |
www.marktdavislaw.com |
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| Starr Law Firm, P.C. |
112 West Montezuma Avenue Suite 4 Cortez, CO 81321-3510 81321 |
245.70 miles |
| (970) 565-8581 |
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| Aldridge, Aycock, Actkinson & Rutter, L.L.P. |
402 3rd St Farwell, TX 79325-0286 79325 |
362.41 miles |
| (806) 481-3361 |
www.aaarlaw.com |
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Arizona Revised Statutes §§ 44-1261 to 44-1265
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.
B. 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.
C. 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:
1. 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.
2. 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:
1. An alleged nonconformity does not substantially impair the use and market value of the motor vehicle.
2. 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:
1. 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.
2. 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.
Generally, the Lemon Laws stipulate that if you acquire (and in some states, lease) a brand new or used vehicle or other car with a manufacturer's warranty that struggles to consistently run after repair attempts, and the original maker cannot restore it in spite of recurring tries (within a stipulated time that varies from state to state), or if the car is not usable for a designated period of time (generally 30 days) because of its problems, you are entitled to a wide range of abuses, including:
1. Monetary restitution
2. A repayment of the cost
3. A new vehicle
Furthermore, nearly all of the Lemon Laws (as well as the Federal Warranty Law) have a fee transferring element which states that if you win your lawsuit, the original producer or car dealership which sold you your lemon is forced to pay your attorneys' invoices.
Lemon Law Statutes
State Lemon Law Regulations
Each of the 50 states has its own Lemon Law statute. Although the attributes of each state's statute differ, the average state Lemon Law statute provides relief for buyers with a imperfect car sold with a warranty if:
1. The dealer or original producer just can't actually fix a specific gremlin in the item after a reasonable number of repair efforts (normally at least 3);
2. The motor vehicle cannot be used for at least 30 days due to shortcomings in the automobile; or
3. The dealer or original producer just can't fix a gremlin that is a critical safety risk.
Usually, a faulty motor vehicle is a motor vehicle with a problem or affliction that substantially cripples its use, economic value, or safety to the consumer and does not conform to the warranty. In most instances, the time period during which the Lemon Laws apply are rather short; the flaws and ensuing repair efforts (or out-of-service period) generally will take place 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. In addition, virtually all states have notice and trigger prerequisites, such as asking the consumer to send off registered mail notice to the manufacturer of the troubles and presenting the dealership a chance to repair the vehicle. Additionally, several states necessitate that Lemon Law suits be settled through an arbitration procedure.
Generally, state Lemon Law ordinances also are applicable to leased cars and preowned cars purchased while under the producers written warranty. A lot of state Lemon Laws also apply to automobiles other than passenger vehicles. depending upon the buyer's home state, or the state in which the consumer purchased the motor vehicle, Lemon Laws may apply to:
-RV's
-Motorcycles
-Pleasure Craft
-Other consumer products (like computers)
There are many effective remedies possible under the Lemon Laws. U.S. states most instances, if the original maker can't correct the motor vehicle, the consumer can either require the original maker to replace the car, or force the original maker to reposess the car and return the purchase price along with accompanying costs, including all bills, towing charges, repair charges, associated travel costs and other damages incurred by the consumer as a result of the shortcomings in the car. Another important relief possible under most Lemon Laws is litigation expenses. In almost all states, if you prevail in a Lemon Law suit, you won't have to pay any laywers' charges-the motor vehicle manufacturer that sold you your lemon is expected to pay attorneys' fees.
The defendant car original equipment manufacturer can assert various defenses to a Lemon Law claim. The average statute affords that the original producer is not guilty if it can establish that the faults in question persisted due to malevolence, neglect, or the tampering or alteration of a car by anybody other than the original equipment manufacturer, an agent, or its authorized dealer. In different words, if the consumer breaks his or her own motor vehicle, or the flaws were the fault of changing or changes carried out by a third party, the manufacturer might not be responsible.
Federal Lemon Law Statutes
The Magnuson Moss Act
The Magnuson-Moss Warranty Act is the federal law that controls consumer goods warranties. Signed by Congress in 1975, the Magnuson Moss Act requires makers and dealers of consumer items to provide consumers itemized facts about warranty coverage benefits. In addition, it shapes both the rights of customers and the obligations of warrantors under written warranties.
Even though the Magnuson Moss Act doesn't demand an car manufacturing business to provide consumers with a warranty, if a warranty is provided, the Magnuson Moss Act extends many protections for the consumer. The Magnuson Moss Act makes it easier for purchasers to sue for breach of warranty by making breach of warranty noncompliance of federal law, and by allowing customers to recuperate legal charges and fair attorneys' expenses.
The Magnuson Moss Act is oftentimes valuable in a lemon lawsuit in which, for some reason, a state Lemon Law claim is not available or otherwise unsuited. For example, divaricate from the relatively short time period provided to purchasers with virtually all Lemon Laws, you could file a claim for breach of warranty after the warranty period has passed if the defects happened during the warranty time period. Additionally, although some Lemon Laws restrict their coverage to a small group of vehicles, the Magnuson Moss Act is relevant to near all consumer items. The Magnuson Moss Act may also be applicable if you bought or leased a preowned vehicle without a manufacturing business warranty, or if the vehicle is covered by a third party agreement or other variety of extended warranty.
The Uniform Commercial Code
The Uniform Commercial Code (referred to as "UCC") has been passed in every state. It is the prime foundation of law regulating product contracts, including automobiles and other items. The UCC affords a legal channel for consumers with lemon problems.
UCC code says that the buyer of a product is entitled to return product which fail in any respect to the consumer warranty. Thus, if your recently purchased automobile doesn't work as warranted by the manufacturing business (your manufacturer warranty is part of your consumer warranty), you may file a claim citing the UCC in addition to whatever other claims you may have.
The time period for returning a car with the UCC is not limitless. If you discover a defect in your motor vehicle inside a sensible inspection time period, you may refuse the vehicle. Unfortunately, new motor vehicles can be oftentimes technically complex and you might not know whether your automobile conforms to the consumer warranty till long after you acquire the automobile and troubles begin to develop. Therefore, if Following this inspection time you fail to refuse the automobile, you will be pronounced to have approved of it and might have no claim through the UCC.
The duration of the inspection period is not specified in the regulation. State courts determine how long the sensible review period is based on the consumer's familiarity and past experience, the consumer's trouble in happening upon the fault, and the consumer's opportunity to notice the defect.
In spite of this limit, the UCC states that in certain cases where a buyer is stated to have approved of goods (i.e. the sensible review period has passed), a buyer may still negate his acceptation of those product where the non-conformity largely cripples the value of the product to him. Those instances include examples in which it proves challenging to come upon the nonconformity or the buyer was assured that the non-conformity would be repaired. In other words, the court will exempt the buyer from not refusing the product where the buyer could not have reasonably 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 taking it back to the dealer for repair under the written warranty, the auto lemon law might be your next refuge. The problem should be substantial in which it interferes with your driving the item or your safety. A item stalling frequently would be a substantial problem. This is exactly the type of condition that could stymie your driving and your safety. Under the vehicle lemon law you are not obliged to demonstrate why the car is stalling, you simply have to demonstrate that it is stalling. In essence you need to check the lemon law in these 3 cases: the car keeps failing inside the warranty period, the car is a safety hazard, the dealer is unable to restore the car when it is guaranteed.
If you have a motor vehicle which is a lemon you can immediately write to the original producer and ask for a replacement motor vehicle. If this demand is not acceptable to the original producer, you could enter into an arbitration program. A few manufacturers use their own arbitration program. Other manufacturers employ outside arbitration program such as Autoline by the BBB. The opinion of the arbitrators is binding on the original producer but not on the owner. If unsatisfied with the judgment, the owner can take the original producer to court.
Virtually all regulations stipulate that the owner must be restored back to the financial situation they were in before they purchased the car, less the measure that the owner profited 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 almost new pre-owned vehicles may qualify under normal lemon laws. For example, a pre-owned car might 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 which do have a pre-owned car lemon law may be additionally generous with the age and measure of mileage. Still, the car needs to be sold by a dealer that provides a warranty. Private party sales are not regulated, nor are motor vehicles sold under a declared original price paid. There might be other restrictions to a used car lemon law such as the purposes in which the car is utilized or the classification of car. Vintage motor vehicles, are usually excluded from pre-owned car lemon laws. Used car lemon laws usually cover a much shorter period than new car ordinances. They oftentimes range from 30 to 90 days, depending on your used car's mileage.
When finding a lawyer for your lemon case, make sure that your lawyer is knowledgeable about the ordinances that cover to your state. Also enquire about the pricing system. Many lemon law lawyers get a relatively humble retainer to manage a lemon law claim, and subsequently, the lawyer's invoices are charged to the original equipment manufacturer. Therefore, lemon law claims are usually very inexpensive to customers. The reimbursement of lawyer bills differs from state to state. About half of the states permit you to recuperate your Lawyer charges if you win. The attorney's fee is based on actual time used rather than being linked to any portion of the recuperation. In a few States, you will pay the manufacturer's lawyer's fees if you lose.
Consumers should register their charges in writing and save a copy. In any written communication, always explain how difficult it is to return the car to the dealership for repairs and that the reliability that the owner believed He or she was purchasing has been non-existent. Any written communication with a car dealership or original equipment manufacturer needs to be sent using certified post. In virtually all suits the manufacturers claim that they have not had the required number of endeavors to repair the condition. They rely on the fact that the owner does not keep repair receipts for each time they have brought the auto into the shop. They also assume on the fact that the repair receipts have seperate things fixed each period proving that they haven't repaired the same condition. Consumers ought to reply by expecting that dealers always present them a warranty repair ticket. Consumers must also reason that these unwritten visits are tries.
Make sure to be cognisant of your lemon law rights. Upon purchase, immediately review your owner's manual and warranty references thoroughly, as well as the information on lemon law rights which you should obtain when you choose your automobile. Don't depend on your dealer to outline which problems are covered by warranty. If your dealer states that a condition isn't covered and you think that he is being deceptive, be polite but assertive. Don't be afraid to go over the part of the warranty that is relevant, or to call the original maker for substantiation utilizing the contact info included with your owner's manual. You shouldn't be obliged pay for repairs linked to lemon law complaints. It's also crucial to advise the original maker of a complaint as soon as possible. If you think that your motor vehicle has a problem what just can't be repaired, look into 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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