Arizona Lemon Law Firms and the Arizona lemon law code.

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 provide that if you acquire (and in some states, lease) a brand new or pre-owned car or other car with a warranty that repeatedly breaks down, and the original maker cannot restore it in spite of consecutive efforts (inside a designated time limit that varies from state to state), or if the vehicle is in the shop for a defined time (typically 30 days) because of its troubles, you are qualified to a broad number of damage settlements, including:

1. Money damages
2. A return of the cost
3. A new vehicle
Also, virtually all the Lemon Laws (and the Federal Warranty Law) feature a fee shifting mechanism that stipulates that if you win your case, the manufacturer or dealership that sold you your lemon is required to pay for legal expenses.


Lemon Law Regulations
State Lemon Law Statutes
Each of the 50 states has its own Lemon Law statute. Even though the wording of each state's statute vary, the standard state Lemon Law statute provides help for consumers with a impared vehicle covered by a warranty if:

1. The dealership or manufacturer can't accurately repair a specific failing in the item after a fair number of repair tries (ordinarily at least 3);
2. The automobile can't be used for at least 30 days due to defects in the car; or
3. The dealership or manufacturer just can't fix a deficiency that is a urgent safety risk.

More often than not, a bad automobile is a automobile with a problem or condition that substantially degrades its drivability, economic value, or safety to the consumer and does not maintain the standard of the warranty. Typically, the period of time during which the Lemon Laws are applicable are rather short; the shortcomings and subsequent repair efforts (or out-of-service time period) usually will happen during the first two-years or 24,000 miles in which the purchaser owns the vehicle. However, a number of states have even shorter time periods. Furthermore, virtually all states have notification and initiation prerequisites, such as requiring the consumer to send out registered mail notice to the manufacturing business of the defects and affording the dealership a chance to repair the automobile. Moreover, some states require that Lemon Law cases be solved through an arbitration system.

Generally, state Lemon Law ordinances also apply to leased automobiles and used automobiles bought whilst under the manufacturer's written warranty. A number of state Lemon Laws also apply to vehicles other than passenger automobiles. depending on the buyer's home residence, or the state where the consumer bought the motor vehicle, Lemon Laws may be applicable to:

-RV's
-Motorcycles
-Pleasure Craft
-Other consumer commodities (like computers)
There are a number of robust solutions available under the Lemon Laws. In most instances, if the manufacturing business just can't repair the motor vehicle, the consumer can either demand the manufacturing business to replace the motor vehicle, or demand the manufacturing business to take back the motor vehicle and repay the original cost together with incidental costs, such as all expenses, towing charges, repair costs, associated transportation charges and other costs incurred by the consumer as a result of the troubles in the motor vehicle. Another important resolution available under most Lemon Laws is litigation fees. In almost all states, if you win in a Lemon Law case, you won't have to pay any litigation fees-the automobile original producer that sold you your lemon is forced to pay your attorneys' bills.

The defendant auto manufacturer can use various defenses to a Lemon Law claim. The conventional statute provides that the manufacturing business is not responsible if it can verify that the problems in question came about because of malevolence, neglect, or the alteration or tampering of a vehicle by persons other than the original equipment manufacturer, an agent, or an authorized repair facility. Put differently, if the consumer abuses his or her own motor vehicle, or the flaws were the fault of tampering or adjustments executed by an unauthorized party, the original equipment manufacturer might not be liable.


Federal Lemon Law Statutes
The Magnuson Moss Act
The Magnuson-Moss Warranty Act is the federal law that moderates consumer merchandise warranties. Sanctioned by Congress in 1975, the Magnuson Moss Act requires manufacturing business and dealers of consumer commodities to give consumers comprehensive facts about warranty coverage. Additionally, it infects both the rights of public consumers and the responsibilities of warrantors under written warranties.

Although the Magnuson Moss Act doesn't call for an motor vehicle original producer to provide customers with a warranty, if a warranty is provided, the Magnuson Moss Act provides some protections for the consumer. The Magnuson Moss Act makes it easier for customers to sue for breaking the warranty by making breach of warranty noncompliance of federal law, and by allowing customers to recuperate litigation costs and fair laywers' fees.

The Magnuson Moss Act is often effective in a lemon lawsuit in which, for some reason, a state Lemon Law claim is not possible or furthermore unsuited. For example, unlike the relatively short period provided to customers inside virtually all Lemon Laws, you can bring a claim for breach of warranty after the warranty period has passed as long as the troubles happened during the warranty time period. In addition, although a few Lemon Laws limit their coverage benefits to a narrow number of automobiles, the Magnuson Moss Act applies to virtually all consumer items. The Magnuson Moss Act could also be applicable if you purchased or leased a expended car without a manufacturing business warranty, or if the car is covered by a service contract or other variant 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 foundational source of law regulating contracts dealing with the sale of products, including automobiles and other items. The UCC provides another legal channel for customers with lemon problems.

UCC code stipulates that the purchaser of a good is entitled to return product which break in any respect to the warranty. Basically, if your brand new item does not work as established by the original producer (your written warranty is part of your consumer warranty), you may have a claim citing the UCC in addition to whatever additional claims you may have.

The time period for returning a vehicle with the UCC is not limitless. If you come upon a gremlin in your car inside a reasonable posession time period, you may refuse the car. Unfortunately, new automobiles are often mechanically complex and you might not understand if your car conforms to the warranty till long after you purchase the car and troubles start to arise. Therefore, if After this posession time period you don't take back the car, you will be stated to have accepted it and will have no claim through the UCC.

The length of the inspection time period is not delineated in the regulation. Courts decide how long the sensible inspection period is based on the consumer's familiarity and experience, the consumer's difficulty in noticing the failing, and the consumer's opportunity to find the flaw.

In spite of this limit, the UCC says that in certain cases where a purchaser is alleged to have approved of products (i.e. the sensible inspection time period has elapsed), a purchaser can still take back his acceptation of those products where the non-conformity frequently impairs the economic value of the products to him. Those examples include cases where it proves challenging to notice the nonconformity or the purchaser was guaranteed that the non-conformity would be fixed. Put differently, the local court will excuse the purchaser from not refusing the products where the purchaser could not have sensibly done so, or where the manufacturer promised the buyer that the problems would be repaired.
Once a vehicle excessively gives out and you have to keep taking it back to the dealership for repair under the warranty, the car lemon law can be your next recourse. The flaw must be substantive in which it intereferes with your driving the product or your safety. A product stalling frequently would be a substantive flaw. This is precisely the type of defect that could diminiah your driving and your safety. Under the auto lemon law you are not expected to prove why the auto is stalling, you only have to prove that it is stalling. Thus you need to check out the lemon law in these three cases: the auto keeps failing within the warranty time period, the auto is a safety risk, the dealer is incapable to correct the auto when it is warranted.

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

Virtually all laws provide that the owner needs to be returned back to the fiscal situation they were in prior to purchasing the automobile, less the measure that the owner gained from by using the automobile. To get the refund sum various 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 automobiles may qualify under normal lemon laws. For example, a pre-owned auto may fall under regular lemon laws if it is less than 1 year old and has got fewer than 12,000 miles on the odometer. States that do have a used car lemon law will be extra cooperative with the age and amount of mileage. Still, the car needs to be sold by a car dealership that provides a written warranty. Private sales aren't regulated, neither are motor vehicles sold under a certain price paid. There could be additional restrictions to a used car lemon law such as the purposes in which the automobile is utilized or the categorization of automobile. Older vehicles, are normally excluded from used car lemon laws. Used car lemon laws usually cover a much shorter period of time than brand new car laws. They oftentimes range from 30 to 90 days, based on your used vehicle'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 attorneys assume a rather minor retainer to cover a lemon law claim, and subsequently, the lawyer's bills are billed to the manufacturer. Basically, lemon law claims are ordinarily very inexpensive to consumers. The reimbursement of lawyer fees varies from state to state. About half of the states let you to recoup your Attorney invoices if you win. The attorney's fee is based upon actual time spent rather than being connected to any other share of the recovery. In some States, you have to pay the manufacturing business* attorney's invoices if you lose.

Consumers should put their complaints in writing and hold a copy. In all written correspondence, always describe how difficult it is to take the auto to the car dealership for corrections and that the dependability that the customer believed He was buying has been non-existent. Any written correspondence with a dealership or manufacturer should be sent using certified mail. In virtually all cases the manufacturing business* claim that they haven't had the essential number of endeavors to repair the defect. They depend on the knowledge that the customer does not have repair receipts for each instance they have taken the car into the repair facility. They also assume on the possibility that the repair receipts have seperate items repaired every occurance showing that they haven't repaired the same defect. Consumers should respond by asking that dealers always grant them a warranty repair ticket. Consumers must also indicate that these undocumented visits are tries.

Make sure to be cognisant of your rights under the lemon laws. Upon purchase, immediately review your owner's folder and warranty references entirely, along with the reference on lemon law rights that you should obtain when you buy your automobile. Don't count on your car dealership to identify which troubles are covered by warranty. If your car dealership states that a defect isn't covered and you think that she is misleading you, be civilized but surefooted. Don't be frighted to point out the segment of the warranty that is relevant, or to call the manufacturer for substantiation utilizing the contact references included in your owner's folder. You should not be obligated pay for work pertained to lemon law complaints. It's also necessary to give notice the manufacturer of a complaint immediately. If you suspect that your car has a problem that can't be remedied, 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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