| 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 |
114.97 miles |
| (602) 532-5600 |
www.sandersandparks.com |
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| Jeffrey Garber |
640 W State St El Centro, CA 92243-2930 92243 |
121.56 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 |
159.01 miles |
| (702) 433-8780 |
gonciarzlaw.lawoffice.com |
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| The Bickel Law Firm |
100 E. San Marcos Blvd. Suite 400 San Marcos, CA 92069 92069 |
190.21 miles |
| (888) 899-8069 |
www.bickellawfirm.com |
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| The McMillan Law Firm, APC |
45709 Nebo Drive Suite 200 La Mesa, CA 91941 91941 |
190.67 miles |
| (877) 235-2997 |
www.mcmillanlaw.us |
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| DiPaolo & Kellogg |
3890 11th Street, Suite 107 Riverside, CA 92501-3524 92501 |
193.01 miles |
| (909) 778-0880 |
www.dipaoloandkellogg.net |
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| A. Samuel Spital & Associates |
8880 Rio San Diego Drive Suite 800 San Diego, CA 92108-1642 92108 |
198.05 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 |
198.23 miles |
| (888) 536 6671 |
www.kahnandassociates.com |
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| Jerrold M. Bodow, Attorney at Law |
1010 Second Ave. Suite 1000 San Diego, CA 92101-4904 92101 |
200.76 miles |
| (619) 231-0724 |
www.attorneybodow.com |
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| Rhoads, Seikaly & West |
110 West C Street Suite 2018 San Diego, CA 92101 92101 |
200.76 miles |
| (619) 235-5300 |
www.nrwlaw.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.
Put simply, the Lemon Laws stipulate that if you buy (and in most states, lease) a brand new or pre-owned car or other car under warranty that is defective, and the original equipment manufacturer just can't recondition it in spite of recurrent efforts (inside a fixed time that fluctuates from state to state), or if the car is not usable for a stipulated period (typically 30 days) due to its troubles, you are eligible to a wide range of damage settlements, inclusive of:
1. Money restitution
2. A return of the original money paid
3. A new car
In addition, virtually all the Lemon Laws (as well as the Federal Warranty Law) feature a fee changing component that says that if you win your lawsuit, the original equipment manufacturer or dealership that sold you the lemon is obliged to pay for attorneys' invoices.
Lemon Law Statutes
State-specific Lemon Law Regulations
Each of the 50 states has its own Lemon Law statute. Although the protections of each state's statute are different, the average state Lemon Law statute provides compensation to a consumer with a dilapidated auto sold with a warranty if:
1. The dealership or original equipment manufacturer cannot genuinely fix a particular fault in the motor vehicle after a reasonable number of repair tries (ordinarily at least 3);
2. The motor vehicle can't be used for at least 30 days due to defects in the vehicle; or
3. The car dealership or original equipment manufacturer just can't fix a flaw that is a severe safety risk.
Typically, a bad automobile is a automobile with a defect or affliction that frequently degrades its usability, economic value, or safety to the consumer and doesn't maintain the standard of the written warranty. Frequently, the period during which the Lemon Laws are applicable are relatively short; the troubles and subsequent repair efforts (or out-of-service period) typically will happen during the first two-years or 24,000 miles the owner has the motor vehicle. However, a number of states have even shorter periods. Furthermore, virtually all states have notice and activation requirements, such as asking the consumer to send registered post notice to the original producer of the faults and presenting the dealer an opportunity to fix the automobile. Additionally, numbers of states demand that Lemon Law lawsuits be adjudicated through an arbitration procedure.
Generally, state Lemon Law regulation codes also are applicable to leased vehicles and used vehicles bought whilst under the producers factory warranty. A good number of state Lemon Laws also are applicable to cars other than passenger vehicles. depending on the purchaser's state of residence, or the state in which the consumer purchased the automobile, Lemon Laws may apply to:
-RV's
-Motorcycles
-Boats
-Other consumer commodities (such as computers)
There are a number of significant remedies available under the Lemon Laws. Statesally, if the original maker can't fix the vehicle, the consumer may either require the original maker to replace the vehicle, or force the original maker to take back the vehicle and return the price paid together with accompanying costs, such as all invoices, towing costs, repair costs, associated transportation charges and other costs incurred by the consumer as a result of the faults in the vehicle. Another important remedy available under most Lemon Laws is attorneys' fees. In almost all states, if you win in a Lemon Law lawsuit, you won't have to pay any legal expenses-the auto original equipment manufacturer that sold you your lemon is obligated to pay litigation charges.
The defendant motor vehicle manufacturing business can employ assorted defenses to a Lemon Law claim. The typical statute affords that the manufacturing business is not guilty if it can show clearly that the shortcomings in question persisted due to maltreatment, neglect, or the tampering or modification of a car by persons other than the original producer, an agent, or an authorized dealership. In other words, if the consumer breaks his or her own automobile, or the defects were caused by changing or changes performed by an unauthorized dealer, the original producer may not be guilty.
Federal Lemon Law Statutes
The Magnuson Moss Act
The Magnuson-Moss Warranty Act is the federal law that moderates consumer product warranties. Passed by Congress in 1975, the Magnuson Moss Act requires makers and sellers of consumer commodities to provide customers detailed facts about warranty coverage. In addition, it determines both the rights of public consumers and the responsibilities of warrantors under original warranties.
Even though the Magnuson Moss Act does not demand an car manufacturing business to supply buyers with a warranty, if a warranty is offered, the Magnuson Moss Act affords various protections for the consumer. The Magnuson Moss Act makes it easier for customers to sue for breaking the warranty by making breach of warranty a violation of federal law, and by allowing for consumers to recoup litigation costs and fair attorney's expenses.
The Magnuson Moss Act is oftentimes valuable in a lemon suit where, for some reason, a state Lemon Law claim is unavailable or moreover unsuited. For instance, unlike the relatively short period of time provided to public consumers inside virtually all Lemon Laws, you may bring a claim for breach of warranty after the warranty period has expired as long as the defects came about during the warranty period. In addition, although some Lemon Laws limit their coverage to a very specific list of vehicles, the Magnuson Moss Act applies to near all consumer goods. The Magnuson Moss Act may also apply if you bought or leased a expended vehicle without a manufacturer's warranty, or if the vehicle is covered by a third party contract or other form of extended warranty.
The Uniform Commercial Code
The Uniform Commercial Code (referred to as "UCC") has been passed in every state. It is the primary source of law regulating product contracts, including automobiles and other items. The UCC offers a legal course for consumers with lemon problems.
UCC code stipulates that the buyer of a good is entitled to return product that fail in any aspect to the warranty. Basically, if your recently purchased automobile doesn't function as endorsed by the original producer (your manufacturer warranty is a portion of your agreement), you can file a claim citing the UCC in addition to whatever additional claims you may have.
The period of time for returning a motor vehicle with the UCC is not limitless. If you identify a deficiency in your vehicle inside a reasonable review period, you may take back the car. Unfortunately, new cars are frequently mechanically complex and you may not know whether your car conforms to the consumer agreement till after you purchase the car and defects begin to arise. Basically, if After this review time you do not refuse the car, you will be deemed to have approved of it and may have no claim through the UCC.
The duration of the inspection time period is not defined in the regulation. State courts decide how long the reasonable inspection period is based on the consumer's expertise and personal experience, the consumer's trouble in identifying the fault, and the consumer's chance to detect the problem.
In spite of this restriction, the UCC stipulates that in certain instances where a purchaser is pronounced to have accepted goods (i.e. the reasonable inspection time period has passed), a purchaser may still repeal his approval of those products where the non-conformity substantially degrades the economic value of the products to him. Those cases include instances where it proves toilsome to come upon the nonconformity or the purchaser was ensured that the non-conformity would be repaired. Put differently, the local court will relieve the purchaser from not refusing the products where the purchaser could not have fairly done so, or where the manufacturer promised the buyer that the problems would be repaired.
When a vehicle excessively fails and you have to keep bringing it back to the car dealership for repair under the written warranty, the automobile lemon law can be your next course. The flaw ought to be significant where it hinders your driving the vehicle or your safety. A vehicle stalling frequently is a significant flaw. This is precisely the type of condition that can stymie your driving and your safety. Under the automobile lemon law you are not obligated to indicate why the automobile is stalling, you simply have to show clearly that it is stalling. Thus you need to check up on the lemon law in these three situations: the automobile keeps breaking inside the warranty period, the automobile is a safety hazard, the dealership is incapable to restore the automobile when it is warranted.
If you own a car which is a lemon you can immediately write to the original maker and ask for a replacement car. If this request is not acceptable to the original maker, you may move into an arbitration process. A few manufacturing business* have their own arbitration process. Other manufacturing business* employ third party arbitration program like Autoline by the BBB. The proposal of the arbitrators is binding on the original maker but not on the owner. If unsatisfied with the proposal, the owner can take the original maker to court.
Virtually all regulations state that the owner ought to be returned back to the financial position they were in prior to purchasing the vehicle, less the amount of money that the owner gained from by using the vehicle. To get the refund sum numerous elements are considered such as was it a sale or a lease, the purchase price, taxes and license, and mileage etc.
Some virtually new used vehicles will qualify under normal lemon laws. For example, a pre-owned automobile may fall under normal lemon laws if it is less than a year old and has got fewer than 12,000 miles on the odometer. States that do have a used car lemon law might be more generous with the age and amount of mileage. Still, the car must be sold by a dealership that supplies a warranty. Private sales are not regulated, nor are automobiles sold under a stated original cost. There might be additional restrictions to a used car lemon law such as the functions in which the vehicle is used or the categorisation of vehicle. Classic motor vehicles, are usually excluded from pre-owned car lemon laws. Used car lemon laws ordinarily cover a much shorter period of time than brand new car regulations. They usually range from 30 to 90 days, depending on your used car's mileage.
When picking out an attorney for your lemon case, make sure that your lawyer is knowledgeable about the regulations that are applicable to your state. Also enquire about the pricing program. Many lemon law attorneys assume a relatively humble retainer to cover a lemon law claim, and afterward, the attorney's invoices are sent to the manufacturing business. In essence, lemon law claims are normally very low-cost to public consumers. The reimbursement of attorney bills varies from state to state. About one-half of the states allow you to recuperate your Attorney charges if you win. The lawyer's fee is based upon actual time logged rather than being bound to any percentage of the recovery. In some States, you will pay the manufacturer's attorney's bills if you lose.
Consumers ought to register their charges in writing and save a copy. In every written correspondence, always explain how burdensome it is to take the auto to the dealer for repairs and that the dependability that the buyer thought She was buying has been non-existent. Any written correspondence with a dealership or manufacturing business ought to be sent using certified postal service. In most situations the manufacturing business* claim that they haven't had the essential number of attempts to correct the defect. They count on the reality that the buyer doesn't retain repair sheets for each instance they have taken the auto into the authorized repair facility. They also bet on the possibility that the repair sheets have seperate items repaired every instance establishing that they have not repaired the same problem. Consumers should reply by requiring that sellers always present them a warranty repair ticket. Consumers ought to also argue that these undocumented visits are efforts.
Make sure to be aware of your rights under the lemon laws. Upon purchase, immediately scan your owner's manual and warranty references entirely, and the reference pertaining lemon law rights which you should obtain when you purchase your automobile. Don't rely on your dealer to teach you what problems are covered by warranty. If your dealer states that a problem is not covered and you believe that he is decieving you, be civil but surefooted. Don't be frighted to point out the section of the warranty that is relevant, or to call the original maker for confirmation applying the contact references included with your owner's manual. You shouldn't be obligated pay for corrections pertained to lemon law complaints. It's also essential to notify the original maker of a complaint right away. If you suspect that your automobile has a condition that just can not be repaired, 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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