| 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 |
68.63 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 |
163.69 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 |
164.28 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 |
166.88 miles |
| (520) 547-7940 |
www.tucsonlaw.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 |
210.17 miles |
| (702) 433-8780 |
gonciarzlaw.lawoffice.com |
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| Jeffrey Garber |
640 W State St El Centro, CA 92243-2930 92243 |
244.82 miles |
| (760) 353-8060 |
www.jeffreygarber.com |
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| Starr Law Firm, P.C. |
112 West Montezuma Avenue Suite 4 Cortez, CO 81321-3510 81321 |
264.28 miles |
| (970) 565-8581 |
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| ABQ LAW CLINIC/MORRIS LAW FIRM, P.A. |
901 Lomas Boulevard, NW Albuquerque, NM 87102 87102 |
299.12 miles |
| (800) 992-5617 |
www.abqlawclinic.com |
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| The Jaffe Law Firm |
13th Floor PO Box 809 320 Gold Ave. S. W. Suite 1300 Albuquerque, NM 87103-0809 87103 |
301.09 miles |
| (505) 242-9311 |
www.thejaffelawfirm.com |
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| Raines & Travers, LLC |
4425 Juan Tabo NE, Ste. 112 Albuquerque, NM 87111-2681 87111 |
308.55 miles |
| (505) 296-4460 |
rainestravers.lawoffice.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.
Primarily, the Lemon Laws provide that if you purchase (and in most states, lease) a new or used car or other car covered by a manufacturer's warranty that repeatedly breaks down, and the original maker can't rebuild it despite persistent efforts (in a specified time that differs from state to state), or if the car is in the shop for a designated time period (usually 30 days) because of its defects, you are qualified to a wide range of abuses, inclusive of:
1. Money damages
2. A repayment of the purchase cost
3. A new automobile
In addition, almost all of the Lemon Laws (and the Federal Warranty Law) feature a fee changing component which says that if you win your lawsuit, the original equipment manufacturer or car dealership that sold you your lemon is forced to repay litigation fees.
Lemon Law Statutes
State Lemon Law Regulations
Each of the 50 states has a different Lemon Law statute. Even though the verbiage of each state's statute are different, the general state Lemon Law statute affords help for buyers with a dilapidated vehicle covered by a warranty if:
1. The car dealership or original equipment manufacturer just can't actually fix a particular defect in the item after a sensible number of repair attempts (normally at least three);
2. The motor vehicle cannot be driven for at least 30 days due to problems in the motor vehicle; or
3. The dealer or original equipment manufacturer cannot remedy a failing that is a vital safety risk.
Generally, a faulty vehicle is a automobile with a defect or affliction that considerably cripples its usability, economic value, or safety to the consumer and doesn't maintain the standard of the written warranty. Frequently, the period of time in which the Lemon Laws apply are rather short; the troubles and resulting repair efforts (or out-of-service time period) often must take place during the first two-years or 24,000 miles that you own the car. However, a number of states have even shorter periods. Furthermore, most states have notification and activation requirements, such as asking the consumer to send off registered mail notice to the original producer of the problems and affording the car dealership a period to remedy the motor vehicle. Additionally, numbers of states expect that Lemon Law suits be adjudicated through an arbitration system.
Generally, state Lemon Law statues also are applicable to leased automobiles and preowned vehicles bought whilst under the producers written warranty. A number of state Lemon Laws also are applicable to automobiles other than passenger cars. depending on the consumer's home state, or the state where the consumer purchased the motor vehicle, Lemon Laws may be applicable to:
-RV's
-Motorcycles
-Boats
-Other consumer commodities (like televisions)
There are a number of robust resolutions available under the Lemon Laws. States most instances, if the original producer just can not correct the vehicle, the consumer can either expect the original producer to replace the automobile, or demand the manufacturing business to take back the automobile and payback the purchase price along with accompanying damages, like all bills, towing costs, repair costs, related transportation charges and other costs incurred by the consumer as a consequence of the problems in the automobile. Another important relief available under most Lemon Laws is attorneys' fees. In almost all states, if you win in a Lemon Law case, you won't have to pay any laywers' expenses-the motor vehicle maker that sold you your lemon is forced to pay your legal invoices.
The defendant auto manufacturing business can utilize many defenses to a Lemon Law claim. The standard statute extends that the original producer is not responsible if it can establish that the defects in question persisted due to misdeed, neglect, or the modification or tampering of a motor vehicle by persons other than the original equipment manufacturer, its agent, or an authorized dealer. Restated, if the consumer maltreats his or her own vehicle, or the troubles were the fault of changing or adjustments executed by a third party, the original equipment manufacturer might not be responsible.
Federal Lemon Law Statutes
The Magnuson Moss Act
The Magnuson-Moss Warranty Act is the federal law that regulates consumer goods warranties. Sanctioned by Congress in 1975, the Magnuson Moss Act requires manufacturers and dealers of consumer goods to give customers itemized info about warranty coverage benefits. Additionally, it regulates both the rights of customers and the responsibilities of warrantors under manufacturer warranties.
Although the Magnuson Moss Act does not demand an auto manufacturer to furnish customers with a warranty, if a warranty is provided, the Magnuson Moss Act extends several protections for the consumer. The Magnuson Moss Act makes it easier for consumers to sue for not honoring the warranty by making breach of warranty an infraction of federal law, and by allowing public consumers to recover court costs and sensible attorneys' charges.
The Magnuson Moss Act is oftentimes valuable in a lemon suit in which, for some reason, a state Lemon Law claim is unavailable or furthermore disadvantageous. For example, unlike the rather short time period provided to customers inside virtually all Lemon Laws, you could record a claim for breach of warranty after the warranty period has passed if the troubles happened during the warranty period. Additionally, although a few Lemon Laws restrict their coverage to a very specific offering of automobiles, the Magnuson Moss Act applies to near all consumer goods. The Magnuson Moss Act could also apply if you purchased or leased a preowned motor vehicle without a manufacturer's warranty, or if the motor vehicle is covered by a third party service contract 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 principal foundation of law regulating contracts dealing with the sale of products, including motor vehicles and other items. The UCC offers an alternative legal avenue for customers with lemon troubles.
UCC code says that the purchaser of a good is entitled to return merchandise that break in any way to the contract. Essentially, if your recently purchased automobile does not function as established by the original maker (your original warranty is part of your contract), you may have a claim citing the UCC in addition to any additional claims you may have.
The period of time for rejecting a automobile with the UCC is not unlimited. If you notice a deficiency in your motor vehicle within a reasonable review time period, you may reject the automobile. Unfortunately, new automobiles are oftentimes mechanically complicated and you might not recognize if your motor vehicle conforms to the warranty till after you acquire the motor vehicle and troubles begin to come up. Fundamentally, if Long after this review time you fail to take back the motor vehicle, you will be pronounced to have o.K.ed it and will have no claim through the UCC.
The duration of the review time period is not outlined in the regulation. State courts decide how long the fair inspection period is based on the purchaser's understanding and experience, the purchaser's trouble in exposing the deficiency, and the purchaser's opportunity to discover the failing.
In spite of this restriction, the UCC states that in certain cases where a purchaser is deemed to have accepted products (i.e. the fair inspection time has expired), a purchaser can still renounce his acceptation of those product where the non-conformity often impares the marketability of the product to him. Those examples include instances where it is difficult to discover the nonconformity or the purchaser was ensured that the non-conformity would be remedied. In other words, the court will pardon the purchaser from not refusing the product where the purchaser could not have sensibly done so, or where the manufacturer promised the buyer that the problems would be repaired.
When a car excessively breaks and you have to keep bringing it back to the car dealership for repair under the warranty, the motor vehicle lemon law might be your next recourse. The failing ought to be substantive in which it intereferes with your driving the vehicle or your safety. A vehicle stalling frequently would be a substantive failing. This is exactly the type of defect that may impair your driving and your safety. Under the automobile lemon law you are not obliged to demonstrate why the vehicle is stalling, you only have to show that it is stalling. Essentially you need to check over the lemon law in these three situations: the vehicle keeps breaking within the warranty period, the vehicle is a safety risk, the dealership is incapable to fix the vehicle when it is warranted.
If you own a vehicle which is a lemon you can directly write to the manufacturer and ask for a replacement vehicle. If this request is not satisfactory to the manufacturer, you can move into an arbitration arrangement. A few manufacturers use their own arbitration program. Other manufacturers use third party arbitration program such as Autoline by the Better Business Bureau. The recommendation of the arbitrators is binding on the manufacturer but not on the owner. If unsatisfied with the opinion, the owner can take the manufacturer to court.
Virtually all regulations provide that the customer must be returned back to the fiscal situation they were in before they purchased the motor vehicle, less the measure that the customer profited from by using the motor vehicle. To get the compensation amount various factors 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 basic lemon laws. For example, a pre-owned vehicle 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 which do have a pre-owned car lemon law may be more cooperative with the age and measure of mileage. Still, the car needs to be sold by a dealership that provides a warranty. Personal sales aren't regulated, nor are cars sold under a stated original price paid. There might be other restrictions to a used car lemon law such as the proposes in which the motor vehicle is used or the categorization of motor vehicle. Classic automobiles, are commonly excluded from used car lemon laws. Used car lemon laws usually cover a much shorter period than new car laws. They oftentimes range from 30 to 90 days, depending on your pre-owned car's mileage.
When choosing an attorney for your lemon case, make sure that your lawyer is knowledgeable about the ordinances that apply to your state. Also enquire about the pricing structure. Many lemon law attorneys take a generally modest retainer to handle a lemon law claim, and afterward, the attorney's invoices are billed to the original maker. Basically, lemon law claims are typically very affordable to consumers. The reimbursement of lawyer bills varies from state to state. About half of the states let you to recoup your Lawyer invoices if you win. The attorney's fee is based on actual time used instead of being bound to any other percent of the recuperation. In some States, you have to pay the manufacturer's attorney's fees if you lose.
Consumers should record their complaints in writing and keep a copy. In any written communication, always describe how taxing it is to take the motor vehicle to the dealer for work and that the reliableness that the buyer believed He or she was buying has been non-existent. Any written communication with a dealership or original maker should be sent using certified mail. In virtually all situations the manufacturers claim that they haven't had the requisite number of efforts to fix the defect. They assume on the fact that the buyer does not retain repair tickets for each occurance they have driven the automobile into the dealership. They also bet on the possibility that the repair tickets have seperate things fixed each time demonstrating that they haven't fixed the same condition. Consumers ought to reply by asking that sellers always hand them a warranty repair order. Consumers should also reason that these undocumented trips are attempts.
Make sure to be cognisant of your rights under the lemon laws. Upon purchase, immediately page through your owner's manual and warranty information entirely, along with the facts concerning lemon law rights that you ought to get when you acquire your motor vehicle. Don't rely on your car dealership to tell you which defects are covered by warranty. If your dealer states that a condition is not covered and you think that he is misleading you, be genteel but assertive. Don't be scared to produce the part of the warranty that is relevant, or to call the original equipment manufacturer for substantiation using 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 necessary to notify the original equipment manufacturer of a complaint promptly. If you think that your automobile has a defect which cannot be remedied, check out your lemon law rights to see when you are able to file 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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