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.

Basically, the Lemon Laws specify that if you purchase (and in several states, lease) a new or used car or other car covered by a manufacturer's warranty that struggles to consistently run after repair attempts, and the original producer just can not fix it despite recurring attempts (in a designated time limit that differs from state to state), or if the car is not drivable for a limited time (typically 30 days) due to its faults, you are eligible to a broad number of dismantles, including:

1. Money restitution
2. A repayment of the original price
3. A brand new vehicle
Also, almost all the Lemon Laws (and the Federal Warranty Law) incorporate a fee changing mechanism that provides that if you win your suit, the original maker or dealer which sold you the lemon is forced to pay for laywers' bills.


Lemon Law Regulations
State-specific Lemon Law Statutes
Each of the 50 states has its own Lemon Law statute. Even though the verbiage of each state's statute are distinct, the general state Lemon Law statute affords cure for consumers with a unsound automobile purchased with a warranty if:

1. The dealer or original maker cannot rightly fix a specific flaw in the automobile after a reasonable number of repair tries (usually at least three);
2. The automobile cannot be used for at least 30 days due to flaws in the automobile; or
3. The dealership or original maker just can't correct a deficiency that is a serious safety risk.

Generally, a bad automobile is a automobile with a condition or trouble that substantially cripples its function, value, or safety to the consumer and does not maintain the standard of the warranty. Frequently, the period of time during which the Lemon Laws apply are relatively short; the faults and resultant repair efforts (or out-of-service period) typically must occur during the first 2-years or 24,000 miles of consumer ownership of the motor vehicle. However, a number of states have even shorter periods. In addition, virtually all states have notice and trigger prerequisites, such as wanting the consumer to send off registered mail notice to the original equipment manufacturer of the troubles and presenting the dealership an opportunity to remedy the motor vehicle. Furthermore, some states demand that Lemon Law lawsuits be adjudicated through an arbitration program.

Generally, state Lemon Law statues also apply to leased automobiles and preowned vehicles bought whilst under the manufacturing business* basic warranty. A number of state Lemon Laws also are applicable to vehicles other than passenger automobiles. based on the buyer's home state, or the state in which the consumer bought the automobile, Lemon Laws may be applicable to:

-RV's
-Motorcycles
-Pleasure Boats
-Other consumer products (such as computers)
There are a number of powerful resolutions possible under the Lemon Laws. American Statesally, if the original equipment manufacturer can't correct the motor vehicle, the consumer may either require the original equipment manufacturer to replace the vehicle, or force the original producer to take the motor vehicle and payback the purchase price plus incidental damages, like all charges, towing charges, repair costs, alternative travel charges and other costs incurred by the consumer as a consequence of the flaws in the motor vehicle. Another important remedy available under most Lemon Laws is attorneys' expenses. In virtually all states, if you win in a Lemon Law suit, you do not have to pay any laywers' expenses-the automobile original producer that sold you your lemon is expected to pay laywers' fees.

The defendant automobile original equipment manufacturer can use many defenses to a Lemon Law claim. The standard statute affords that the manufacturing business is not responsible if it can establish that the problems in dispute came about because of malevolence, forget about, or the tampering or alteration of a car by anyone other than the original equipment manufacturer, an agent, or an authorized dealership. Put differently, if the consumer abuses his or her own motor vehicle, or the problems were the fault of changing or adjustments executed by an unauthorized party, the original equipment manufacturer may not be guilty.


Federal Lemon Law Statutes
The Magnuson Moss Act
The Magnuson-Moss Warranty Act is the federal law that controls consumer goods warranties. Ratified by Congress in 1975, the Magnuson Moss Act requires manufacturing business and dealers of consumer products to give customers explanatory facts about warranty coverage. Additionally, it infects both the rights of customers and the responsibilities of warrantors under manufacturer warranties.

Even though the Magnuson Moss Act doesn't demand an automobile original producer to supply buyers with a warranty, if a warranty is supplied, the Magnuson Moss Act affords numerous protections for the consumer. The Magnuson Moss Act makes it more easy for customers to sue for not honoring the warranty by making breach of warranty noncompliance of federal law, and by permitting customers to recoup legal charges and sensible attorneys' fees.

The Magnuson Moss Act is typically useful in a lemon case in which, for some reason, a state Lemon Law claim is not possible or furthermore unfavorable. For example, divaricate from the rather short time provided to customers inside almost all Lemon Laws, you can register a claim for breach of warranty after the warranty period has passed if the troubles happened during the warranty period. Additionally, although a few Lemon Laws restrict their coverage benefits to a very specific offering of vehicles, the Magnuson Moss Act is relevant to almost all consumer goods. The Magnuson Moss Act could also be applicable if you bought or leased a used vehicle without a manufacturing business warranty, or if the vehicle is covered by a service contract or other variety of extended warranty.


The Uniform Commercial Code
The Uniform Commercial Code (referred to as "UCC") has been passed in all states. It is the primary agent of law regulating product contracts, including cars and other items. The UCC offers a legal route for customers with lemon problems.

UCC code states that the purchaser of a good is entitled to return products that fail in any way to the consumer agreement. Fundamentally, if your recently purchased automobile does not operate as pledged by the original equipment manufacturer (your manufacturer warranty is part of your warranty), you can file a claim citing the UCC in addition to whatever other claims you might have.

The period for returning a vehicle with the UCC is not unlimited. If you expose a fault in your vehicle within a sensible posession period, you may reject the vehicle. Unfortunately, brand new vehicles can be oftentimes technically complex and you may not know whether your motor vehicle conforms to the contract till after you buy the motor vehicle and problems start to come up. Fundamentally, if Following this posession period you do not return the motor vehicle, you will be pronounced to have approved of it and will have no claim through the UCC.

The duration of the review period is not delineated in the regulation. Local courts determine how long the sensible review period is based on the consumer's knowledge and experience, the consumer's trouble in seeing the flaw, and the consumer's opportunity to notice the gremlin.

In spite of this limit, the UCC says that in certain cases where a purchaser is alleged to have approved of goods (i.e. the sensible review time period has expired), a purchaser may still abrogate his approval of those products where the non-conformity considerably cripples the economic value of the products to him. Those examples include circumstances in which it is arduous to come upon the nonconformity or the purchaser was told that the non-conformity would be fixed. Put differently, the court will relieve the purchaser from not refusing the products where the purchaser could not have fairly done so, or where the manufacturer promised the buyer that the problems would be repaired.
Once a car excessively fails and you have to keep taking it back to the dealership for repair under the warranty, the auto lemon law can be your next course of action. The fault must be substantial in which it hinders your driving the motor vehicle or your safety. A motor vehicle stalling often is a substantial fault. This is precisely the type of problem that could hamper your driving and your safety. Under the auto lemon law you are not expected to indicate why the automobile is stalling, you simply have to show that it is stalling. Put simply you need to check the lemon law in these three cases: the automobile keeps breaking within the warranty period, the automobile is a safety hazard, the dealership is unable to restore the automobile when it is guaranteed.

If you have a product which is a lemon you can immediately write to the maker and ask for a replacement product. If this requirement is not acceptable to the maker, you can move into an arbitration program. A few manufacturing business* use their own arbitration process. Other manufacturing business* employ outside arbitration program including Autoline by the Better Business Bureau. The assessment of the arbitrators is binding on the maker but not on the consumer. If unsatisfied with the proposition, the consumer can take the maker to court.

Virtually all laws stipulate that the buyer should be returned back to the financial situation they were in before they purchased the car, less the sum that the buyer gained from by using the car. To get the payback total several factors are considered such as was it a sale or a lease, the purchase price, taxes and license, and mileage etc.
Some virtually new used vehicles may qualify under basic lemon laws. For example, a pre-owned automobile might fall under regular lemon laws if it is less than a year old and has got fewer than 12,000 miles on the odometer. States which do have a used car lemon law may be more cooperative with the age and amount of mileage. Still, the car has to be sold by a car dealership that supplies a written warranty. Private party sales are not included, neither are motor vehicles sold under a certain original price paid. There may be additional restrictions to a used car lemon law such as the proposes for which the car is used or the classification of car. Classic vehicles, are ordinarily excluded from pre-owned car lemon laws. Used car lemon laws usually cover a much shorter period than new car ordinances. They usually range from 30 to 90 days, depending 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 regulations that apply to your state. Also enquire about the pricing structure. Many lemon law lawyers call for a rather minor retainer to cover a lemon law claim, and subsequently, the lawyer's bills are charged to the manufacturing business. Fundamentally, lemon law claims are normally very affordable to purchasers. The reimbursement of lawyer charges differs from state to state. About one-half of the states provide for you to recuperate your Lawyer expenses if you win. The lawyer's fee is based on actual time logged instead of being tied to any percent of the recuperation. In many States, you will pay the manufacturer's attorney's charges if you lose.

Consumers should record their concerns in writing and hold a copy. In every written communication, always outline how difficult it is to bring the automobile to the dealership for corrections and that the reliability that the customer believed He was buying has been non-existent. Any written communication with a dealer or manufacturing business needs to be sent using certified post. In virtually all lawsuits the manufacturing business* claim that they have not had the required number of endeavors to remedy the defect. They rely on the knowledge that the customer doesn't file repair tickets for each time they have taken the auto into the shop. They also count on the fact that the repair tickets have seperate items fixed every occurance evidencing that they have not fixed the same condition. Consumers should reply by expecting that dealers always give them a warranty repair order. Consumers ought to also contend that these unrecorded visits are tries.

Make sure to be mindful of your lemon law rights. Upon purchase, immediately page through your owner's folder and warranty info thoroughly, along with the info concerning lemon law rights that you ought to get when you buy your automobile. Don't count on your car dealership to outline which troubles are covered by warranty. If your car dealership states that a condition is not covered and you believe that she is purposely deceiving you, be genteel but self-assertive. Don't be frighted to go over the segment of the warranty that applies, or to call the manufacturing business for confirmation using the contact data included inside your owner's folder. You shouldn't be obligated pay for corrections pertained to lemon law complaints. It's also necessary to advise the manufacturing business of a complaint promptly. If you think that your motor vehicle has a condition that just can't be repaired, look into your lemon law rights to see when you are able to bring a lemon law complaint.

Lemon Law Tips:

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

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

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

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

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