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.

Put simply, the Lemon Laws state that if you acquire (and in most states, lease) a new or pre-owned vehicle or other car with a warranty that is found to be damaged after repeated repair attempts, and the original producer just can not fix it despite duplicated attempts (in a defined time that differs from state to state), or if the product is not drivable for a stipulated time period (often 30 days) due to its shortcomings, you are qualified to a broad number of costs, inclusive of:

1. Money damages
2. A repayment of the original money paid
3. A brand new vehicle
Also, virtually all of the Lemon Laws (as well as the Federal Warranty Law) have a fee transferring element that says that if you win your suit, the manufacturer or car dealership that sold you the lemon is obliged to pay your litigation fees.


Lemon Law Regulations
State-specific Lemon Law Statutes
Each of the 50 states has a different Lemon Law statute. Even though the attributes of each state's statute are different, the average state Lemon Law statute provides compensation to a consumer with a dilapidated motor vehicle purchased with a warranty if:

1. The dealership or original maker can't reliably remedy a particular flaw in the motor vehicle after a reasonable number of repair efforts (normally at least three);
2. The car can't be used for at least 30 days due to troubles in the car; or
3. The car dealership or original maker can't repair a deficiency that is a severe safety risk.

By and large, a defective automobile is a automobile with a defect or trouble that considerably impairs its usability, marketability, or safety to the consumer and doesn't maintain the standard of the written warranty. In most instances, the time period in which the Lemon Laws apply are relatively short; the faults and subsequent repair efforts (or out-of-service time) usually will happen during the first 2-years or 24,000 miles the owner has the motor vehicle. However, a number of states have even shorter periods. In addition, many states have notification and initiation prerequisites, such as asking the consumer to send off registered mail notice to the maker of the flaws and giving the dealership a period to fix the car. Moreover, some states demand that Lemon Law suits be settled through an arbitration proceeding.

Generally, state Lemon Law ordinances also apply to leased automobiles and used cars purchased while under the producers factory warranty. A good number of state Lemon Laws also are applicable to vehicles other than passenger automobiles. based upon the purchaser's home residence, or the state where the consumer purchased the automobile, Lemon Laws may be applicable to:

-RV's
-Motorcycles
-Boats
-Other consumer items (such as electronics)
There are a number of powerful resolutions possible under the Lemon Laws. Frequently, if the maker just can not fix the automobile, the consumer may either expect the maker to replace the motor vehicle, or make the maker to reposess the motor vehicle and return the purchase price along with incidental damages, such as all expenses, towing fees, repair costs, alternative travel charges and other costs incurred by the consumer as a consequence of the troubles in the motor vehicle. Another important remedy possible under most Lemon Laws is legal fees. In most states, if you prevail in a Lemon Law case, you won't have to pay any attorneys' expenses-the automobile original equipment manufacturer that sold you your lemon is forced to pay attorney's expenses.

The defendant automobile original equipment manufacturer can utilize several defenses to a Lemon Law claim. The typical statute affords that the original producer is not liable if it can show clearly that the flaws in question happened due to misdeed, negligence, or the alteration or modification of a car by a party other than the maker, its agent, or an authorized dealer. Put differently, if the consumer abuses his or her own motor vehicle, or the flaws were caused by modifications or alterations executed by an unauthorized party, the maker may not be guilty.


Federal Lemon Law Statutes
The Magnuson Moss Act
The Magnuson-Moss Warranty Act is the federal law that regulates consumer product warranties. Signed by Congress in 1975, the Magnuson Moss Act requires manufacturing business and dealers of consumer goods to provide customers explanatory information about warranty coverage. Also, it sets both the rights of consumers and the responsibilities of warrantors under original warranties.

Although the Magnuson Moss Act does not call for an motor vehicle original maker to furnish consumers with a warranty, if a warranty is furnished, the Magnuson Moss Act provides a number of protections for the consumer. The Magnuson Moss Act makes it more easy for buyers to sue for violating the warranty by making breach of warranty a violation of federal law, and by allowing for consumers to recuperate court costs and fair attorney's fees.

The Magnuson Moss Act is frequently valuable in a lemon lawsuit where, for some reason, a state Lemon Law claim is unavailable or furthermore unfavorable. For example, contrary to the relatively short period provided to consumers within almost all Lemon Laws, you may file a claim for breach of warranty after the warranty period has expired as long as the troubles came about during the warranty time period. Moreover, although a few Lemon Laws restrict their coverage benefits to a narrow offering of vehicles, the Magnuson Moss Act applies to near all consumer products. The Magnuson Moss Act may also be applicable if you purchased or leased a expended 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 enacted in all 50 U.S. states. It is the main agent of law governing warranties on consumer goods, including vehicles and other items. The UCC provides an alternative legal course for consumers with lemon troubles.

UCC code states that the purchaser of a good is entitled to return goods which fail in any regard to the consumer warranty. Therefore, if your new automobile does not work as endorsed by the manufacturer (your original warranty is part of your consumer warranty), you may have a claim citing the UCC in addition to any additional claims you might have.

The period for taking back a car with the UCC is not limitless. If you detect a fault in your automobile inside a fair inspection time period, you may refuse the motor vehicle. Unfortunately, new cars are oftentimes mechanically complicated and you might not know whether your car conforms to the agreement till after you purchase the car and troubles start to arise. Therefore, if Long after this inspection period you do not take back the car, you will be stated to have accepted it and may have no claim through the UCC.

The duration of the review period is not outlined in the regulation. Local courts decide how long the sensible inspection period is based on the purchaser's expertise and experience, the purchaser's difficulty in finding the problem, and the purchaser's chance to discover the flaw.

In spite of this limit, the UCC stipulates that in certain examples where a consumer is said to have accepted products (i.e. the sensible inspection period has expired), a consumer can still disclaim his approval of those products where the non-conformity considerably cripples the marketability of the products to him. Those examples include suits where it proves arduous to identify the nonconformity or the consumer was promised that the non-conformity would be remedied. Put differently, the court will relieve the consumer from not having rejected the products where the consumer could not have sensibly done so, or where the manufacturer promised the buyer that the problems would be repaired.
When a automobile excessively breaks down and you have to keep taking it back to the dealership for repair under the warranty, the vehicle lemon law may be your next course of action. The fault ought to be significant where it interferes with your driving the automobile or your safety. A automobile stalling for no reason is a significant fault. This is precisely the type of problem that may hinder your driving and your safety. Under the automobile lemon law you are not obliged to prove why the automobile is stalling, you merely have to prove that it is stalling. Put simply you need to check the lemon law in these three examples: the automobile keeps breaking within the warranty period, the automobile is a safety risk, the car dealership is incapable to repair the automobile when it is warranted.

If you have a vehicle which is a lemon you can immediately write to the original producer and ask for another equivalent vehicle. If this request is not satisfactory to the original producer, you may move into an arbitration arrangement. A few manufacturing business* incorporate their own arbitration program. Other manufacturing business* use external arbitration program like Autoline by the BBB. The judgment of the arbitrators is binding on the original producer but not on the owner. If unsatisfied with the opinion, the owner can take the original producer to court.

Virtually all ordinances provide that the owner should be returned back to the financial position they were in before they purchased the vehicle, less the sum that the owner gained from by using the vehicle. To get the compensation amount many components are considered such as was it a sale or a lease, the purchase price, taxes and license, and mileage etc.
Some nearly new used motor vehicles might qualify under normal 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 less than 12,000 miles on the odometer. States that do have a pre-owned automobile lemon law will be more cooperative with the age and amount of mileage. Still, the car needs to be sold by a dealer that offers a written warranty. Private sales aren't governed, neither are automobiles sold under a declared purchase price. There may be other restrictions to a used car lemon law such as the proposes in which the vehicle is utilized or the categorization of vehicle. Older automobiles, are ordinarily excluded from used car lemon laws. Used car lemon laws usually cover a much shorter time period than new car ordinances. They usually range from 30 to 90 days, depending on your used automobile's mileage.
When selecting an attorney for your lemon case, make sure that your lawyer is knowledgeable about the regulations that apply to your state. Also enquire about the pricing program. Many lemon law lawyers require a generally small retainer to cover a lemon law claim, and subsequently, the lawyer's invoices are sent to the maker. In essence, lemon law claims are usually very inexpensive to consumers. The reimbursement of attorney invoices varies from state to state. About half of the states allow for you to recoup your Attorney charges if you win. The attorney's fee is based upon actual time logged rather than being tied to any share of the recovery. In some States, you must pay the manufacturing business* attorney's fees if you lose.

Consumers should register their charges in writing and retain a copy. In every written communication, always explain how problematic it is to return the car to the car dealership for work and that the reliability that the owner believed She was purchasing has been non-existent. Any written communication with a car dealership or maker should be sent using certified postal service. In most claims the manufacturing business* claim that they haven't had the needed number of endeavors to remedy the condition. They rely on the reality that the owner doesn't file repair sheets for each occurance they have brought the auto into the dealership. They also depend on the fact that the repair sheets have different things fixed each instance demonstrating that they haven't repaired the same condition. Consumers ought to reply by asking that sellers always present them a warranty repair sheet. Consumers ought to also debate that these undocumented visits are tries.

Make sure to be aware of your rights under the lemon laws. Upon purchase, immediately scan your owner's book and warranty references completely, and the facts pertaining lemon law rights that you should obtain when you buy your automobile. Don't bet on your dealer to outline which troubles are covered by warranty. If your dealer states that a condition is not covered and you believe that he or she is decieving you, be polite but self-assertive. Don't be scared to point out the part of the warranty that applies, or to call the original maker for substantiation applying the contact info included within your owner's book. You shouldn't be obliged pay for work linked to lemon law complaints. It's also necessary to give notice the original maker of a complaint promptly. If you suspect that your automobile has a problem what just can't be fixed, go over 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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