Alaska Lemon Law Firms:
This is a list of law firms that are registered as specializing in Alaska lemon law cases.

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 buy (and in most states, lease) a new or pre-owned car or other vehicle with a warranty that struggles to consistently run after repair attempts, and the original producer cannot rebuild it in spite of consecutive efforts (within a specified time limit that differs from state to state), or if the vehicle is in the shop for a designated time (usually 30 days) due to its troubles, you are eligible to a broad number of abuses, including:

1. Monetary damage settlements
2. A refund of your purchase price
3. A new vehicle
In addition, virtually all of the Lemon Laws (as well as the Federal Warranty Law) incorporate a fee switching mechanism which stipulates that if you win your suit, the manufacturer or dealership that sold you your lemon is obliged to repay attorneys' fees.


Lemon Law Statutes
State-specific Lemon Law Regulations
Each of the 50 states has a different Lemon Law statute. Although the wording of each state's statute differ, the standard state Lemon Law statute provides relief for owners with a broken-down auto purchased with a warranty if:

1. The dealer or original maker just can not completely repair a particular deficiency in the product after a reasonable number of repair attempts (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 maker just can not repair a defect that is a severe safety hazard.

Most of the time, a faulty car is a car with a problem or trouble that largely degrades its function, value, or safety to the consumer and does not comply with the written warranty. Often times, the period of time in which the Lemon Laws apply are relatively short; the flaws and resultant repair attempts (or out-of-service period of time) typically will occur during the first two-years or 24,000 miles that you own the car. However, a number of states have even shorter time periods. Moreover, most states have notification and trigger requirements, such as expecting the consumer to send registered mail notice to the original equipment manufacturer of the troubles and establishing the dealer an option to repair the car. Furthermore, various states expect that Lemon Law suits be settled through an arbitration proceeding.

Generally, state Lemon Law regulation codes also are applicable to leased cars and preowned cars purchased while under the manufacturer's written warranty. A lot of state Lemon Laws also are applicable to automobiles other than passenger vehicles. depending upon the purchaser's home residence, or the state where the consumer purchased the automobile, Lemon Laws may apply to:

-RV's
-Motorcycles
-Pleasure Boats
-Other consumer items (like electronics)
There are a number of significant solutions possible under the Lemon Laws. U.S. Statesently, if the original equipment manufacturer just can not fix the automobile, the consumer can either demand the original equipment manufacturer to replace the motor vehicle, or obligate the original equipment manufacturer to reposess the motor vehicle and refund the original cost along with accompanying damages, including all bills, towing charges, repair costs, alternative transportation charges and other damages incurred by the consumer as a result of the problems in the motor vehicle. Another important resolution available under most Lemon Laws is legal fees. In almost all states, if you prevail in a Lemon Law lawsuit, you won't have to pay any attorneys' charges-the automobile original maker that sold you your lemon is required to pay your litigation invoices.

The defendant car manufacturer can apply many defenses to a Lemon Law claim. The common regulation extends that the maker is not responsible if it can demonstrate that the problems in dispute were caused by abuse, carelessness, or the alteration or tampering of a auto by persons other than the original producer, an agent, or an authorized dealership. Put differently, if the consumer abuses his or her own motor vehicle, or the troubles were caused by tampering or changes executed by an unauthorized person, the original producer could not be responsible.


Federal Lemon Law Statutes
The Magnuson Moss Act
The Magnuson-Moss Warranty Act is the federal law that governs consumer merchandise warranties. Passed by Congress in 1975, the Magnuson Moss Act requires makers and marketers of consumer items to give customers explanatory information about warranty coverage claims. Also, it infects both the rights of public consumers and the obligations of warrantors under manufacturer warranties.

Even though the Magnuson Moss Act does not require an vehicle manufacturer to provide buyers with a warranty, if a warranty is provided, the Magnuson Moss Act provides numerous protections for the consumer. The Magnuson Moss Act makes it easier for consumers to sue for breaking the warranty by making breach of warranty an infraction of federal law, and by allowing customers to recoup court costs and fair attorney's charges.

The Magnuson Moss Act is often relevant in a lemon case in which, for some reason, a state Lemon Law claim is not possible or otherwise disadvantageous. For instance, contrary to the relatively short time period provided to consumers with almost all Lemon Laws, you may bring a claim for breach of warranty after the warranty period has expired as long as the problems happened during the warranty time period. Also, although a few Lemon Laws restrict their coverage benefits to a very specific number of vehicles, the Magnuson Moss Act is relevant to virtually all consumer products. The Magnuson Moss Act may also apply if you bought or leased a preowned motor vehicle without a manufacturer's warranty, or if the motor vehicle is covered by a third party contract or other form of extended warranty.


The Uniform Commercial Code
The Uniform Commercial Code (referred to as "UCC") has been passed in every state. It is the primary authority of law governing product contracts, including cars and other items. The UCC affords a legal avenue for consumers with lemon troubles.

UCC code provides that the buyer of a good is entitled to return goods that do not perform in any respect to the consumer agreement. Basically, if your brand new car does not operate as bound by the original maker (your original warranty is part of your consumer warranty), you may have a claim referencing the UCC in addition to any additional claims you may have.

The time period for returning a motor vehicle with the UCC is not limitless. If you identify a fault in your motor vehicle within a sensible review time period, you can return the motor vehicle. Unfortunately, new cars can be often technically complex and you may not recognize if your vehicle conforms to the consumer agreement until long after you acquire the vehicle and defects start to develop. Essentially, if Following this review time you fail to return the vehicle, you will be pronounced to have accepted it and might have no claim through the UCC.

The length of the inspection period is not delineated in the statute. Courts determine how long the fair inspection period is based on the consumer's understanding and past experience, the consumer's difficulty in discovering the defect, and the consumer's chance to detect the failing.

In spite of this limit, the UCC says that in certain examples where a buyer is alleged to have approved of products (i.e. the fair inspection time has passed), a buyer may still negate his approval of those goods where the non-conformity substantially impairs the economic value of the goods to him. Those cases include cases where it was hard to find the nonconformity or the buyer was told that the non-conformity would be repaired. Put differently, the local court will exempt the buyer from not having rejected the goods 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 gives out and you have to keep taking it back to the dealership for repair under the warranty, the motor vehicle lemon law may be your next course of action. The gremlin must be substantive where it prohibits your driving the motor vehicle or your safety. A motor vehicle stalling constantly would be a substantive gremlin. This is precisely the type of condition that can impair your driving and your safety. Under the automobile lemon law you are not obliged to indicate why the automobile is stalling, you only have to establish that it is stalling. Thus you need to check into the lemon law in these three instances: the automobile keeps failing within the warranty period, the automobile is a safety risk, the car dealership is unable to repair the automobile when it is warranted.

If you have a vehicle which is a lemon you can directly write to the manufacturer and ask for another equivalent vehicle. If this request is not satisfactory to the manufacturer, you could start into an arbitration process. A few manufacturers incorporate their own arbitration process. Other manufacturers utilize outside arbitration program including Autoline by the Better Business Bureau. The assessment of the arbitrators is binding on the manufacturer but not on the purchaser. If unsatisfied with the recommendation, the purchaser can take the manufacturer to court.

Virtually all laws state that the owner ought to be returned back to the fiscal situation they were in prior to purchasing the automobile, less the amount of money that the owner profited from by using the automobile. To get the refund amount several 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 cars might 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 got fewer than 12,000 miles on the odometer. States that do have a pre-owned car lemon law may be additionally generous with the age and measure of mileage. Still, the car must be sold by a dealer that provides a warranty. Personal sales aren't governed, neither are cars sold under a stated purchase price. There could be other restrictions to a used car lemon law such as the functions for which the automobile is used or the categorization of automobile. Vintage motor vehicles, are normally excluded from used car lemon laws. Used car lemon laws commonly cover a much shorter period than brand new car laws. They usually range from 30 to 90 days, depending on your pre-owned automobile's mileage.
When choosing a lawyer for your lemon case, make sure that your lawyer is knowledgeable about the laws that cover to your state. Also enquire about the pricing structure. Many lemon law attorneys get a relatively minor retainer to cover a lemon law claim, and thereafter, the attorney's invoices are charged to the original equipment manufacturer. Thus, lemon law claims are normally very low-cost to customers. The reimbursement of attorney bills varies from state to state. About half of the states allow for you to recuperate your Attorney bills if you win. The lawyer's fee is based upon actual time expended instead of being linked to any other percent of the recovery. In many States, you must pay the manufacturer's attorney's charges if you lose.

Consumers should record their complaints in writing and retain a copy. In all written communication, always delineate how difficult it is to bring the car to the dealer for repairs and that the reliableness that the consumer believed He or she was receiving has been non-existent. Any written communication with a dealership or original equipment manufacturer must be sent using certified mail service. In virtually all lawsuits the manufacturers claim that they haven't had the essential number of attempts to fix the condition. They depend on the fact that the consumer doesn't retain repair tickets for each time they have driven the auto into the authorized dealership. They also rely on the possibility that the repair tickets have seperate parts fixed every time demonstrating that they have not repaired the same problem. Consumers should respond by requiring that sellers always give them a warranty repair order. Consumers should also argue that these unrecorded visits are tries.

Make sure to be cognisant of your rights under the lemon laws. Upon purchase, immediately scan your owner's binder and warranty references thoroughly, as well as the facts concerning lemon law rights that you ought to obtain when you acquire your vehicle. Don't bet on your dealer to tell you which problems are covered by warranty. If your dealer states that a problem isn't covered and you believe that he or she is decieving you, be civil but self-assertive. Don't be afraid to go over the section of the warranty that applies, or to call the original maker for substantiation applying the contact data included inside your owner's binder. You should not be obligated pay for repairs associated to lemon law complaints. It's also essential to notify the original maker of a complaint immediately. If you are suspicious that your automobile has a defect which can't be repaired, check into 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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