| Arizona Lemon Law Firms, the Arizona lemon law code, and information
Arizona Lemon Law Firms:
This is a list of law firms that are registered as specializing in Arizona lemon law cases.
| Sanders & Parks, P.C. |
3030 North Third Street Suite 1300 Phoenix, AZ 85012-3099 85012 |
44.41 miles |
| (602) 532-5600 |
www.sandersandparks.com |
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| Thompson Law Group, P.C. |
2321 E. Speedway Blvd. Tucson, AZ 85719-4730 85719 |
130.47 miles |
| (520) 882-5633 |
www.thompsonlawgroup.com |
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| DeConcini McDonald Yetwin & Lacy, P.C. |
2525 East Broadway Suite 200 Tucson, AZ 85716-5300 85716 |
131.73 miles |
| (520) 322-5000 |
www.deconcinimcdonald.com |
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| Law Office of Fein, Flynn & Associates |
3900 E. Broadway Blvd. Suite 205 Tucson, AZ 85711 85711 |
134.72 miles |
| (520) 547-7940 |
www.tucsonlaw.com |
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| Jeffrey Garber |
640 W State St El Centro, CA 92243-2930 92243 |
165.82 miles |
| (760) 353-8060 |
www.jeffreygarber.com |
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| Edward F. Gonciarz, Attorney & Counselor at Law |
Building 4, Suite 421 2920 North Green Valley Parkway Henderson, NV 89014 89014 |
229.18 miles |
| (702) 433-8780 |
gonciarzlaw.lawoffice.com |
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| The McMillan Law Firm, APC |
45709 Nebo Drive Suite 200 La Mesa, CA 91941 91941 |
245.99 miles |
| (877) 235-2997 |
www.mcmillanlaw.us |
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| The Bickel Law Firm |
100 E. San Marcos Blvd. Suite 400 San Marcos, CA 92069 92069 |
252.86 miles |
| (888) 899-8069 |
www.bickellawfirm.com |
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| A. Samuel Spital & Associates |
8880 Rio San Diego Drive Suite 800 San Diego, CA 92108-1642 92108 |
254.26 miles |
| (619) 583-2200 |
www.business-corporate-attorney.com |
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| Kahn & Associates, L.L.C. |
4565 Ruffner Street, Suite 107 San Diego, CA 92111 92111 |
255.13 miles |
| (888) 536 6671 |
www.kahnandassociates.com |
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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.
Essentially, the Lemon Laws stipulate that if you purchase (and in various states, lease) a new or used car or other vehicle covered by a manufacturer's warranty that is found to be damaged after repeated repair attempts, and the manufacturer cannot fix it even with recurring efforts (inside a specified time that differs from state to state), or if the car is out of service for a fixed time (often 30 days) due to its problems, you are qualified to a broad range of damages, inclusive of:
1. Money restitution
2. A repayment of the original price
3. A brand new vehicle
Additionally, virtually all of the Lemon Laws (as well as the Federal Warranty Law) have a fee changing element which stipulates that if you win your case, the original equipment manufacturer or dealership that sold you the lemon is forced to pay laywers' fees.
Lemon Law Statutes
State-specific Lemon Law Regulations
Each of the 50 states has a unique Lemon Law statute. Although the protections of each state's statute are distinct, the average state Lemon Law statute provides assistance for buyers with a defective car covered by a warranty if:
1. The dealer or original equipment manufacturer can't rightly correct a specific failing in the vehicle after a reasonable number of repair efforts (ordinarily at least three);
2. The motor vehicle cannot be driven for at least 30 days due to problems in the vehicle; or
3. The dealership or original equipment manufacturer just can't fix a problem that is a significant safety hazard.
Generally, a faulty car is a car with a condition or trouble that largely cripples its drivability, value, or safety to the consumer and does not comply with the warranty. Often times, the time period during which the Lemon Laws apply are rather short; the troubles and resulting repair attempts (or out-of-service period of time) generally must happen during the first two-years or 24,000 miles that you own the automobile. However, a number of states have even shorter time periods. In addition, many states have notice and activation prerequisites, such as expecting the consumer to give registered post notice to the original producer of the flaws and establishing the car dealership a chance to correct the motor vehicle. Moreover, many states require that Lemon Law claims be solved through an arbitration procedure.
Generally, state Lemon Law ordinances also are applicable to leased cars and preowned cars purchased whilst under the makers basic warranty. A good number of state Lemon Laws also are applicable to cars other than passenger cars. based upon the consumer's state of residence, or the state in which the consumer bought the automobile, Lemon Laws may apply to:
-RV's
-Motorcycles
-Pleasure Craft
-Other consumer commodities (like electronics)
There are many significant solutions possible under the Lemon Laws. Often times, if the original producer just can not correct the motor vehicle, the consumer may either demand the original producer to replace the car, or insist the original producer to take back the car and return the original cost including accompanying costs, including all expenses, towing costs, repair charges, related travel costs and other charges incurred by the consumer as a consequence of the flaws in the car. Another important remedy possible under most Lemon Laws is litigation fees. In almost all states, if you prevail in a Lemon Law case, you will not have to pay any litigation fees-the auto maker that sold you your lemon is required to pay your attorney's invoices.
The defendant auto manufacturing business can utilize several defenses to a Lemon Law claim. The standard statute provides that the maker is not responsible if it can verify that the flaws at issue came about because of maltreatment, negligence, or the alteration or tampering of a car by somone other than the maker, an agent, or its authorized dealer. In other words, if the consumer breaks his or her own car, or the troubles were a consequence of tampering or changes conducted by an unauthorized party, the maker could not be guilty.
Federal Lemon Law Statutes
The Magnuson Moss Act
The Magnuson-Moss Warranty Act is the federal law that moderates consumer goods warranties. Signed by Congress in 1975, the Magnuson Moss Act requires manufacturers and marketers of consumer products to provide consumers comprehensive info about warranty coverage benefits. Also, it infects both the rights of customers and the responsibilities of warrantors under written warranties.
Even though the Magnuson Moss Act does not require an car original maker to supply buyers with a warranty, if a warranty is offered, the Magnuson Moss Act provides a number of protections for the consumer. The Magnuson Moss Act makes it more easy for purchasers to sue for not honoring the warranty by making breach of warranty noncompliance of federal law, and by allowing for public consumers to recoup legal charges and reasonable attorney's fees.
The Magnuson Moss Act is frequently useful in a lemon situation in which, for some reason, a state Lemon Law claim is not available or furthermore unsuited. For example, divaricate from the relatively short cycle offered to consumers inside almost all Lemon Laws, you can bring a claim for breach of warranty after the warranty period has passed if the defects came about during the warranty period. In addition, although many Lemon Laws limit their coverage benefits to a small list of cars, the Magnuson Moss Act applies to just about all consumer goods. The Magnuson Moss Act might also be applicable if you bought or leased a expended motor vehicle without a manufacturer's warranty, or if the motor vehicle 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 passed in all 50 States. It is the primary foundation of law regulating warranties on consumer goods, including motor vehicles and other items. The UCC offers another legal course for customers with lemon problems.
UCC code stipulates that the buyer of a product is entitled to return goods that break in any way to the contract. Essentially, if your recently purchased automobile doesn't operate as pledged by the manufacturing business (your manufacturer warranty is part of your warranty), you may file a claim referencing the UCC in addition to whatever other claims you might have.
The period of time for taking back a motor vehicle with the UCC is not unlimited. If you identify a problem in your car within a fair review time period, you can return the car. Unfortunately, brand new cars can be oftentimes mechanically enigmatic and you might not understand whether your car conforms to the consumer warranty till after you purchase the car and troubles start to develop. In essence, if After this review time period you do not return the car, you will be deemed to have okayed it and will have no claim through the UCC.
The duration of the review period is not specified in the statute. Courts determine how long the sensible review period is based on the consumer's understanding and past experience, the consumer's difficulty in happening upon the flaw, and the consumer's opportunity to observe the defect.
In spite of this limit, the UCC states that in certain examples where a buyer is stated to have approved of goods (i.e. the sensible review time period has expired), a buyer can still disclaim his acceptance of those product where the non-conformity often degrades the marketability of the product to him. Those instances include suits where it is arduous to identify the nonconformity or the buyer was ensured that the non-conformity would be repaired. In different words, the local court will excuse the buyer from not having rejected the product where the buyer could not have reasonably done so, or where the manufacturer promised the buyer that the problems would be repaired.
Once a vehicle excessively fails and you have to keep bringing it back to the car dealership for repair under the warranty, the car lemon law can be your next refuge. The gremlin must be significant in which it interferes with your driving the vehicle or your safety. A vehicle stalling for no reason is a significant gremlin. This is exactly the type of problem that could impair your driving and your safety. Under the auto lemon law you are not expected to establish why the automobile is stalling, you just have to show clearly that it is stalling. Basically you need to check up on the lemon law in these 3 instances: the automobile keeps failing inside the warranty time period, the automobile is a safety hazard, the car dealership is unable to repair the automobile when it is guaranteed.
If you have a vehicle which is a lemon you can immediately write to the original equipment manufacturer and ask for a replacement vehicle. If this demand is not acceptable to the original equipment manufacturer, you could enter into an arbitration process. A few manufacturing business* use their own arbitration program. Other manufacturing business* utilize outside arbitration program such as Autoline by the Better Business Bureau. The assessment of the arbitrators is binding on the original equipment manufacturer but not on the purchaser. If unsatisfied with the proposal, the purchaser can take the original equipment manufacturer to court.
Virtually all ordinances specify that the owner should be restored back to the fiscal situation they were in prior to purchasing the vehicle, less the measure that the owner benefited from by using the vehicle. To get the refund amount a number of elements are considered such as was it a sale or a lease, the purchase price, taxes and license, and mileage etc.
Some almost new pre-owned cars will qualify under normal lemon laws. For example, a pre-owned automobile might fall under normal lemon laws if it is less than a year old and has less than 12,000 miles on the odometer. States which do have a pre-owned car lemon law might be extra generous with the age and measure of mileage. Still, the car must be sold by a dealership that offers a written warranty. Personal sales are not governed, neither are cars sold under a declared original price paid. There could be additional restrictions to a used car lemon law such as the functions in which the vehicle is utilized or the categorisation of vehicle. Older motor vehicles, are ordinarily excluded from pre-owned car lemon laws. Used car lemon laws normally cover a much shorter period of time than brand new car laws. They oftentimes range from 30 to 90 days, depending on your pre-owned vehicle's mileage.
When choosing a lawyer for your lemon case, make sure that your lawyer is knowledgeable about the regulations that apply to your state. Also enquire about the fee program. Many lemon law lawyers need a generally humble retainer to manage a lemon law claim, and afterward, the lawyer's bills are billed to the manufacturing business. Essentially, lemon law claims are commonly very affordable to consumers. The reimbursement of lawyer invoices differs from state to state. About half of the states allow for you to recover your Attorney fees if you win. The lawyer's fee is based upon actual time expended instead of being attached to any percent of the recuperation. In many States, you must pay the manufacturer's lawyer's invoices if you lose.
Consumers ought to put their concerns in writing and save a copy. In every written communication, always delineate how burdensome it is to bring the motor vehicle to the dealer for work and that the dependability that the buyer thought He or she was purchasing has been non-existent. Any written communication with a car dealership or manufacturing business ought to be sent using certified postal service. In most situations the manufacturing business* claim that they have not had the necessary number of endeavors to fix the problem. They assume on the reality that the buyer does not keep repair sheets for each instance they have driven the auto into the authorized dealership. They also count on the possibility that the repair sheets have different items fixed each period proving that they haven't fixed the same problem. Consumers ought to reply by demanding that authorized dealerships always send them a warranty repair sheet. Consumers should also reason that these unwritten visits are attempts.
Make sure to be aware of your lemon law rights. Upon purchase, immediately read your owner's manual and warranty principles completely, along with the information concerning lemon law rights which you ought to obtain when you buy your car. Don't rely on your dealer to identify which troubles are covered by warranty. If your dealer states that a problem is not covered and you think that he or she is being deceptive, be genteel but assertive. Don't be afraid to go over the segment of the warranty that is relevant, or to call the manufacturer for verification applying the contact info included in your owner's manual. You should not be obliged pay for corrections connected to lemon law complaints. It's also crucial to notify the manufacturer of a complaint promptly. If you think that your motor vehicle has a condition that just can not be remedied, check 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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