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 used car or other car under warranty that repeatedly breaks down, and the original maker can't repair it despite recurring tries (inside a defined time limit that differs from state to state), or if the automobile is out of service for a specified period (often 30 days) because of its faults, you are eligible to a wide range of breaks, inclusive of:

1. Monetary damage settlements
2. A repayment of the original price
3. A new automobile
In addition, virtually all the Lemon Laws (as well as the Federal Warranty Law) contain a fee shifting mechanism which provides that if you win your case, the manufacturing business or dealership which sold you your lemon is forced to repay attorneys' expenses.


Lemon Law Statutes
State-specific Lemon Law Regulations
Each of the 50 states has a unique Lemon Law statute. Even though the protections of each state's statute vary, the general state Lemon Law statute affords compensation for buyers with a broken-down car purchased with a warranty if:

1. The dealership or manufacturing business can't reliably repair a specific gremlin in the product after a reasonable number of repair tries (typically at least three);
2. The automobile can't be used for at least 30 days due to problems in the motor vehicle; or
3. The dealer or manufacturing business just can't remedy a defect that is a pressing safety risk.

In general, a defective car is a car with a problem or condition that substantially cripples its use, economic value, or safety to the consumer and doesn't conform to the written warranty. Frequently, the period in which the Lemon Laws apply are relatively short; the defects and ensuing repair efforts (or out-of-service period of time) occasionally will take place during the first two-years or 24,000 miles the owner has the motor vehicle. However, a number of states have even shorter time periods. Also, virtually all states have notification and trigger prerequisites, such as asking the consumer to give registered post notice to the original equipment manufacturer of the shortcomings and presenting the dealer a period to remedy the vehicle. Moreover, most states require that Lemon Law claims be adjudicated through an arbitration process.

Generally, state Lemon Law statues also are applicable to leased automobiles and preowned automobiles bought while under the manufacturing business* basic warranty. A number of state Lemon Laws also are applicable to automobiles other than passenger automobiles. depending upon the purchaser's home state, or the state where the consumer purchased the vehicle, Lemon Laws may be applicable to:

-RV's
-Motorcycles
-Boats
-Other consumer products (like televisions)
There are a number of robust resolutions available under the Lemon Laws. US Statesally, if the original equipment manufacturer just can not fix the vehicle, the consumer can either expect the original equipment manufacturer to replace the car, or demand the original equipment manufacturer to reposess the car and return the original cost together with accompanying damages, such as all expenses, towing fees, repair costs, alternative travel charges and other costs incurred by the consumer as a consequence of the faults in the car. Another important relief possible under most Lemon Laws is laywers' expenses. In many states, if you win in a Lemon Law suit, you do not have to pay any litigation expenses-the car manufacturing business that sold you your lemon is obligated to pay all of your legal charges.

The defendant automobile original producer can use several defenses to a Lemon Law claim. The typical statute provides that the manufacturer is not responsible if it can prove that the defects at issue came about because of malevolence, negligence, or the tampering or alteration of a vehicle by persons other than the manufacturing business, an agent, or an authorized dealership. In other words, if the consumer maltreats his or her own car, or the flaws were a consequence of modifications or adjustments executed by a third party, the manufacturing business might not be responsible.


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

Although the Magnuson Moss Act does not call for an automobile original maker to supply consumers with a warranty, if a warranty is supplied, the Magnuson Moss Act affords many protections for the consumer. The Magnuson Moss Act makes it easier for purchasers to sue for violating the warranty by making breach of warranty noncompliance of federal law, and by permitting public consumers to recover legal costs and reasonable laywers' fees.

The Magnuson Moss Act is typically relevant in a lemon suit in which, for some reason, a state Lemon Law claim is not available or otherwise unsuited. For example, divaricate from the generally short period of time offered to consumers with many Lemon Laws, you can file a claim for breach of warranty after the warranty period has passed if the defects occurred during the warranty time period. Moreover, although many Lemon Laws restrict their coverage to a very specific group of cars, the Magnuson Moss Act is relevant to virtually all consumer goods. The Magnuson Moss Act could also apply if you bought or leased a preowned automobile without a manufacturer's warranty, or if the automobile is covered by a third party agreement or other form of extended warranty.


The Uniform Commercial Code
The Uniform Commercial Code (referred to as "UCC") has been ratified in all states. It is the prime authority of law regulating warranties on consumer goods, including cars and other items. The UCC provides a legal channel for consumers with lemon problems.

UCC code states that the consumer of a good is entitled to return products that break in any way to the contract. Fundamentally, if your brand new automobile doesn't work as endorsed by the maker (your written warranty is part of your warranty), you may file a claim citing the UCC in addition to any other claims you may have.

The time for taking back a car with the UCC is not limitless. If you discover a defect in your vehicle within a reasonable inspection period, you may reject the car. Unfortunately, new automobiles are frequently mechanically complicated and you might not acknowledge if your automobile conforms to the consumer warranty till long after you buy the automobile and problems start to arise. So, if After this inspection time you fail to reject the automobile, you will be pronounced to have o.K.ed it and might have no claim through the UCC.

The length of the inspection time period is not outlined in the statute. State courts decide how long the reasonable inspection period is based on the buyer's understanding and experience, the buyer's trouble in identifying the flaw, and the buyer's opportunity to observe the gremlin.

In spite of this limit, the UCC stipulates that in certain cases where a buyer is deemed to have accepted products (i.e. the reasonable inspection time period has expired), a buyer may still rescind his acceptation of those goods where the non-conformity often impares the marketability of the goods to him. Those examples include cases in which it proves arduous to reveal the nonconformity or the buyer was guaranteed that the non-conformity would be repaired. In other words, the local court will exempt the buyer from not having rejected the goods where the buyer could not have reasonably done so, or where the manufacturer promised the buyer that the problems would be repaired.
When a car excessively breaks down and you have to keep taking it back to the car dealership for repair under the warranty, the car lemon law may be your next course of action. The deficiency should be substantial where it hampers your driving the item or your safety. A item stalling frequently is a substantial deficiency. This is exactly the type of problem that may hamper your driving and your safety. Under the vehicle lemon law you are not obliged to demonstrate why the auto is stalling, you simply have to show clearly that it is stalling. In essence you need to check out the lemon law in these three examples: the auto keeps breaking within the warranty period, the auto is a safety risk, the dealer is not able to correct the auto when it is warranted.

If you own a vehicle which is a lemon you can directly write to the manufacturer and ask for another equivalent vehicle. If this requirement is not acceptable to the manufacturer, you could enter into an arbitration arrangement. A few makers use their own arbitration program. Other makers utilise third party arbitration program like Autoline by the BBB. The judgment of the arbitrators is binding on the manufacturer but not on the consumer. If unsatisfied with the assessment, the consumer can take the manufacturer to court.

Virtually all regulations provide that the customer must be returned back to the fiscal position they were in prior to purchasing the car, less the measure that the customer benefited 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 pre-owned motor vehicles will qualify under normal lemon laws. For example, a pre-owned auto might fall under normal lemon laws if it is less than 1 year old and has got less than 12,000 miles on the odometer. States which do have a used car lemon law might be additionally generous with the age and measure of mileage. Still, the car has to be sold by a dealership that offers a warranty. Individual sales aren't involved, nor are motor vehicles sold under a stated purchase price. There might be additional restrictions to a used car lemon law such as the functions for which the car is driven or the categorization of car. Vintage cars, are ordinarily excluded from used car lemon laws. Used car lemon laws usually cover a much shorter period of time than new car laws. They oftentimes range from 30 to 90 days, depending on your used 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 fee structure. Many lemon law attorneys take a rather small retainer to handle a lemon law claim, and subsequently, the lawyer's bills are billed to the original maker. Basically, lemon law claims are normally very affordable to purchasers. The reimbursement of attorney charges varies from state to state. About one-half of the states permit you to recoup your Lawyer charges if you win. The lawyer's fee is based upon actual time used instead of being attached to any other share of the recovery. In many States, you have to pay the manufacturing business* lawyer's invoices if you lose.

Consumers should register their complaints in writing and hold a copy. In any written correspondence, always explain how problematic it is to return the automobile to the dealership for repairs and that the dependability that the customer thought She was buying has been non-existent. Any written correspondence with a dealer or original maker needs to be sent using certified post. In almost all claims the makers claim that they haven't had the necessary number of endeavors to correct the problem. They assume on the knowledge that the customer doesn't have repair tickets for each instance they have driven the car into the repair facility. They also bet on the possibility that the repair tickets have different items fixed every time showing that they haven't repaired the same condition. Consumers should respond by requiring that sellers always send them a warranty repair order. Consumers ought to also contend that these unwritten trips are attempts.

Make sure to be knowledgeable of your rights under the lemon laws. Upon purchase, immediately scan your owner's book and warranty info completely, and the facts concerning lemon law rights which you ought to receive when you purchase your car. Don't count on your dealership to teach you what problems are covered by warranty. If your dealer states that a condition is not covered and you think that he is purposely misleading you, be civilized but assertive. Don't be scared to go over the section of the warranty that applies, or to call the original equipment manufacturer for confirmation applying the contact information included in your owner's book. You shouldn't be obliged pay for work connected to lemon law complaints. It's also essential to notify the original equipment manufacturer of a complaint straightaway. If you think that your automobile has a defect that just can't be repaired, check out 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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