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.

Primarily, the Lemon Laws specify that if you acquire (and in many states, lease) a new or pre-owned car or other car covered by a manufacturer's warranty that is defective, and the original producer just can't rebuild it despite recurrent efforts (inside a specified time that differs from state to state), or if the item is in the shop for a stipulated time (usually 30 days) because of its defects, you are eligible to a wide number of damages, inclusive of:

1. Monetary damage settlements
2. A refund of the original price
3. A brand new automobile
In addition, nearly all of the Lemon Laws (and the Federal Warranty Law) contain a fee changing element which states that if you win your case, the original producer or car dealership that sold you the lemon is obliged to repay you for court bills.


Lemon Law Regulations
State Lemon Law Statutes
Each of the 50 states has a unique Lemon Law statute. Although the attributes of each state's statute are distinct, the conventional state Lemon Law statute extends relief for consumers with a dilapidated car covered by a warranty if:

1. The dealer or original producer cannot correctly repair a specific defect in the automobile after a sensible number of repair tries (generally at least 3);
2. The vehicle cannot be driven for at least 30 days due to flaws in the car; or
3. The dealership or original producer cannot remedy a defect that is a critical safety hazard.

More often than not, a faulty car is a car with a problem or trouble that often impares its use, value, or safety to the consumer and does not comply with the warranty. Frequently, the time period during which the Lemon Laws are applicable are relatively short; the faults and subsequent repair attempts (or out-of-service period of time) often will take place during the first 2-years or 24,000 miles in which the purchaser owns the automobile. However, a number of states have even shorter periods. Additionally, most states have notification and activation requirements, such as expecting the consumer to give registered mail notice to the original equipment manufacturer of the flaws and giving the dealer an opportunity to remedy the car. Also, various states expect that Lemon Law suits be solved through an arbitration program.

Generally, state Lemon Law statues also apply to leased automobiles and used automobiles purchased whilst under the manufacturing business* written warranty. A lot of state Lemon Laws also are applicable to automobiles other than passenger vehicles. depending on the consumer's home residence, or the state in which the consumer purchased the car, Lemon Laws may apply to:

-RV's
-Motorcycles
-Pleasure Boats
-Other consumer items (such as computers)
There are many robust solutions possible under the Lemon Laws. US States most instances, if the original equipment manufacturer just can not fix the vehicle, the consumer may either require the original equipment manufacturer to replace the vehicle, or insist the manufacturer to take back the vehicle and repay the purchase price including incidental damages, like all fees, towing charges, repair costs, associated transportation charges and other damages incurred by the consumer as a consequence of the problems in the vehicle. Another important solution available under most Lemon Laws is laywers' expenses. In most states, if you win in a Lemon Law suit, you do not have to pay any attorneys' bills-the car maker that sold you your lemon is forced to pay your court charges.

The defendant car manufacturer can use many defenses to a Lemon Law claim. The conventional regulation provides that the manufacturing business is not liable if it can show clearly that the shortcomings at issue persisted due to misuse, carelessness, or the modification or tampering of a auto by anybody other than the original maker, an agent, or an authorized dealer. In different words, if the consumer dismantles his or her own vehicle, or the troubles were the fault of modifications or changes performed by an unauthorized person, the original maker could not be guilty.


Federal Lemon Law Statutes
The Magnuson Moss Act
The Magnuson-Moss Warranty Act is the federal law that regulates consumer merchandise warranties. Signed by Congress in 1975, the Magnuson Moss Act requires makers and dealers of consumer commodities to give consumers itemized facts about warranty coverage. Additionally, it regulates both the rights of customers and the obligations of warrantors under original warranties.

Even though the Magnuson Moss Act doesn't demand an vehicle original maker to furnish consumers with a warranty, if a warranty is provided, the Magnuson Moss Act extends many protections for the consumer. The Magnuson Moss Act makes it more easy for customers to sue for breaking the warranty by making breach of warranty noncompliance of federal law, and by allowing for purchasers to recoup court charges and reasonable attorneys' charges.

The Magnuson Moss Act is often applicable in a lemon case in which, for some reason, a state Lemon Law claim is not possible or otherwise unfavorable. For instance, divaricate from the generally short period of time offered to consumers within virtually all Lemon Laws, you can register a claim for breach of warranty after the warranty period has passed if the defects occured during the warranty time period. Also, although many Lemon Laws limit their coverage benefits to a small offering of vehicles, the Magnuson Moss Act is relevant to almost all consumer items. The Magnuson Moss Act may also apply if you bought or leased a used vehicle without a manufacturing business warranty, or if the vehicle is covered by a third party agreement or other type of extended warranty.


The Uniform Commercial Code
The Uniform Commercial Code (referred to as "UCC") has been ratified in every state. It is the main authority of law regulating consumer warranties, including automobiles and other items. The UCC offers a legal channel for public consumers with lemon problems.

UCC code stipulates that the purchaser of a product is entitled to return goods that fail in any feature to the agreement. So, if your new automobile doesn't operate as established by the original equipment manufacturer (your manufacturer warranty is part of your consumer warranty), you may file a claim referencing the UCC in addition to whatever other claims you might have.

The period for bringing back a car with the UCC is not unlimited. If you notice a deficiency in your automobile within a reasonable inspection period, you can refuse the vehicle. Unfortunately, new vehicles can be typically mechanically complex and you might not notice if your car conforms to the consumer warranty till long after you acquire the car and defects start to develop. Therefore, if Following this inspection time you do not take back the car, you will be deemed to have o.K.ed it and will have no claim through the UCC.

The duration of the inspection period is not delineated in the regulation. The Courts determine how long the fair inspection period is based on the buyer's familiarity and past experience, the buyer's trouble in coming upon the problem, and the buyer's chance to observe the gremlin.

In spite of this limitation, the UCC says that in certain cases where a buyer is deemed to have accepted products (i.e. the fair inspection time has passed), a buyer can still recant his acceptation of those product where the non-conformity substantially impairs the marketability of the product to him. Those cases include lawsuits in which it is hard to detect the nonconformity or the buyer was ensured that the non-conformity would be fixed. In different words, the court will pardon the buyer from not rejecting the product where the buyer could not have reasonably done so, or where the manufacturer promised the buyer that the problems would be repaired.
When a motor vehicle excessively gives out and you have to keep bringing it back to the dealership for repair under the warranty, the car lemon law may be your next course of action. The defect must be substantial where it hinders your driving the vehicle or your safety. A vehicle stalling perpetually is a substantial defect. This is precisely the type of defect that can impair your driving and your safety. Under the motor vehicle lemon law you are not expected to prove why the car is stalling, you only have to verify that it is stalling. Essentially you need to check up on the lemon law in these three cases: the car keeps failing inside the warranty time period, the car is a safety risk, the car dealership is unable to rebuild the car when it is guaranteed.

If you have a product which is a lemon you can directly write to the original maker and ask for another equivalent product. If this demand is not acceptable to the original maker, you can enter into an arbitration process. A few makers use their own arbitration process. Other makers have outside arbitration program such as Autoline by the Better Business Bureau. The judgment of the arbitrators is binding on the original maker but not on the buyer. If unsatisfied with the assessment, the buyer can take the original maker to court.

Virtually all regulations state that the purchaser should be restored back to the fiscal position they were in prior to purchasing the motor vehicle, less the measure that the purchaser benefited from by using the motor vehicle. To get the payback amount 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 pre-owned motor vehicles will qualify under regular lemon laws. For example, a pre-owned car might fall under regular lemon laws if it is less than one year old and has less than 12,000 miles on the odometer. States which do have a pre-owned car lemon law will be additionally generous with the age and amount of mileage. Still, the car needs to be sold by a dealer that supplies a warranty. Private party sales are not governed, neither are motor vehicles sold under a stated original cost. There might be other restrictions to a used car lemon law such as the proposes for which the motor vehicle is driven or the categorisation of motor vehicle. Vintage vehicles, are commonly excluded from used car lemon laws. Used car lemon laws normally cover a much shorter period of time than new car ordinances. They often range from 30 to 90 days, depending on your pre-owned automobile's mileage.
When picking out an attorney for your lemon case, make sure that your lawyer is knowledgeable about the laws that are applicable to your state. Also enquire about the pricing structure. Many lemon law lawyers need a relatively small retainer to address a lemon law claim, and thenceforth, the lawyer's bills are charged to the original maker. Fundamentally, lemon law claims are normally very affordable to consumers. The reimbursement of lawyer invoices differs from state to state. About half of the states permit you to recuperate your Lawyer invoices if you win. The lawyer's fee is based upon actual time spent instead of being attached to any portion of the recuperation. In many States, you will pay the manufacturer's lawyer's charges if you lose.

Consumers ought to record their concerns in writing and hold a copy. In any written correspondence, always describe how burdensome it is to take the automobile to the car dealership for corrections and that the dependability that the buyer believed He was purchasing has been non-existent. Any written correspondence with a dealer or original maker needs to be sent using certified post. In most instances the makers claim that they haven't had the needed number of tries to correct the problem. They count on the reality that the buyer does not file repair orders for each occurance they have brought the vehicle into the authorized dealership. They also depend on the possibility that the repair orders have different things fixed each period demonstrating that they haven't fixed the same defect. Consumers ought to reply by asking that dealers always send them a warranty repair ticket. Consumers should also reason that these unwritten visits are attempts.

Make sure to be aware of your lemon law rights. Upon purchase, immediately review your owner's book and warranty references thoroughly, along with the information with respect to lemon law rights which you should obtain when you choose your motor vehicle. Don't rely on your dealer to identify which problems are covered by warranty. If your dealer states that a defect isn't covered and you think that she is decieving you, be civil but self-asserting. Don't be afraid to produce the section of the warranty that is relevant, or to call the original producer for confirmation using the contact information included with your owner's book. You shouldn't have to pay for repairs related to lemon law complaints. It's also essential to notify the original producer of a complaint as soon as possible. If you are suspicious that your motor vehicle has a problem that cannot be fixed, look 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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