Arizona Lemon Law Firms:
This is a list of law firms that are registered as specializing in Arizona lemon law cases.

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 state that if you acquire (and in most states, lease) a brand new or used car or other vehicle under warranty that does not work consistently, and the original equipment manufacturer can't rebuild it despite consecutive tries (in a limited time that differs from state to state), or if the product is not usable for a set period of time (often 30 days) because of its troubles, you are entitled to a wide number of breaks, including:

1. Monetary restitution
2. A refund of the original money paid
3. A new vehicle
Moreover, almost all the Lemon Laws (and the Federal Warranty Law) feature a fee switching component that states that if you win your case, the original maker or dealership that sold you the lemon is obligated to repay you for attorneys' expenses.


Lemon Law Regulations
State Lemon Law Statutes
Each of the 50 states has a different Lemon Law statute. Even though the protections of each state's statute are different, the general state Lemon Law statute affords aid for consumers with a nonfunctional car sold with a warranty if:

1. The car dealership or original maker just can't completely repair a particular fault in the vehicle after a reasonable number of repair attempts (usually at least three);
2. The car cannot be used for at least 30 days due to defects in the motor vehicle; or
3. The dealer or original maker just can't repair a problem that is a good safety hazard.

More often than not, a bad motor vehicle is a motor vehicle with a defect or condition that frequently cripples its function, value, or safety to the consumer and does not maintain the standard of the warranty. Often times, the time period in which the Lemon Laws apply are relatively short; the flaws and resultant repair efforts (or out-of-service time period) usually will take place during the first two-years or 24,000 miles in which the purchaser owns the motor vehicle. However, a number of states have even shorter time periods. Furthermore, most states have notification and trigger requirements, such as asking the consumer to send registered post notice to the original maker of the defects and establishing the dealer a period to fix the motor vehicle. Additionally, many states require that Lemon Law claims be adjudicated through an arbitration process.

Generally, state Lemon Law statues also are applicable to leased automobiles and used cars purchased while under the manufacturer's basic warranty. A lot of state Lemon Laws also are applicable to automobiles other than passenger vehicles. depending on the buyer's home residence, or the state where the consumer purchased the motor vehicle, Lemon Laws may apply to:

-RV's
-Motorcycles
-Pleasure Craft
-Other consumer goods (like electronics)
There are a number of significant resolutions available under the Lemon Laws. Frequently, if the manufacturer just can not fix the vehicle, the consumer can either call for the manufacturer to replace the vehicle, or insist the manufacturer to reposess the vehicle and repay the purchase price including incidental damages, including all fees, towing charges, repair costs, alternative travel charges and other charges incurred by the consumer as a result of the shortcomings in the vehicle. Another important solution available under most Lemon Laws is litigation fees. In many states, if you win in a Lemon Law case, you do not have to pay any attorneys' fees-the auto original maker that sold you your lemon is expected to pay all of your attorney's fees.

The defendant motor vehicle original maker can implement various defenses to a Lemon Law claim. The common statute affords that the manufacturing business is not guilty if it can affirm that the shortcomings in dispute were caused by maltreatment, negligence, or the tampering or modification of a automobile by persons other than the original equipment manufacturer, an agent, or its authorized dealer. In other words, if the consumer abuses his or her own car, or the flaws were the fault of tampering or adjustments executed by an unauthorized party, the original equipment manufacturer could not be guilty.


Federal Lemon Law Statutes
The Magnuson Moss Act
The Magnuson-Moss Warranty Act is the federal law that regulates consumer product warranties. Sanctioned by Congress in 1975, the Magnuson Moss Act requires manufacturers and sellers of consumer commodities to give consumers detailed information about warranty coverage. In addition, it regulates both the rights of customers and the responsibilities of warrantors under manufacturer warranties.

Even though the Magnuson Moss Act does not require an motor vehicle maker to provide consumers with a warranty, if a warranty is offered, the Magnuson Moss Act affords some protections for the consumer. The Magnuson Moss Act makes it easier for consumers to sue for violating the warranty by making breach of warranty a violation of federal law, and by permitting consumers to recuperate legal charges and reasonable attorneys' fees.

The Magnuson Moss Act is oftentimes applicable in a lemon suit where, for some reason, a state Lemon Law claim is not possible or otherwise unsuited. For instance, divaricate from the relatively short time period offered to purchasers inside virtually all Lemon Laws, you can bring a claim for breach of warranty after the warranty period has passed as long as the defects occured during the warranty period. Moreover, although a few Lemon Laws restrict their coverage to a small offering of cars, the Magnuson Moss Act applies to near all consumer items. The Magnuson Moss Act might also apply if you purchased or leased a used motor vehicle without a manufacturer's warranty, or if the motor vehicle is covered by a third party 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 American States. It is the foundational authority of law governing warranties on consumer goods, including vehicles and other items. The UCC affords another legal course for public consumers with lemon troubles.

UCC code stipulates that the purchaser of a good is entitled to return product which break in any sense to the contract. Basically, if your new vehicle does not operate as warranted by the original maker (your written warranty is a portion of your consumer agreement), you can have a claim referencing the UCC in addition to any additional claims you may have.

The time for rejecting a motor vehicle with the UCC is not limitless. If you find a flaw in your automobile inside a sensible ownership time period, you may return the automobile. Unfortunately, brand new motor vehicles are frequently technically enigmatic and you may not notice whether your automobile conforms to the consumer agreement till after you buy the automobile and defects begin to develop. Basically, if Long after this ownership time you fail to take back the automobile, you will be deemed to have okayed it and may have no claim through the UCC.

The length of the inspection time period is not delineated in the regulation. Courts decide how long the reasonable review period is based on the consumer's proficiency and personal experience, the consumer's difficulty in observing the deficiency, and the consumer's chance to see the deficiency.

In spite of this limitation, the UCC provides that in certain cases where a consumer is alleged to have approved of products (i.e. the reasonable review time has expired), a consumer can still rescind his acceptation of those product where the non-conformity considerably degrades the marketability of the product to him. Those examples include situations in which it is difficult to see the nonconformity or the consumer was assured that the non-conformity would be repaired. In other words, the local court will exempt the consumer from not refusing the product where the consumer could not have fairly done so, or where the manufacturer promised the buyer that the problems would be repaired.
When a vehicle excessively breaks down and you have to keep taking it back to the car dealership for repair under the warranty, the auto lemon law may be your next recourse. The flaw should be substantial where it hampers your driving the motor vehicle or your safety. A motor vehicle stalling perpetually would be a substantial flaw. This is precisely the type of problem that could hinder your driving and your safety. Under the vehicle lemon law you are not obliged to indicate why the motor vehicle is stalling, you just have to prove that it is stalling. Essentially you need to go over the lemon law in these three situations: the motor vehicle keeps dying within the warranty period, the motor vehicle is a safety hazard, the dealer is not able to repair the motor vehicle when it is warranted.

If you own a vehicle which is a lemon you can immediately write to the manufacturer and ask for another equivalent vehicle. If this request is not acceptable to the manufacturer, you may enter into an arbitration arrangement. A few manufacturing business* have their own arbitration process. Other manufacturing business* have external arbitration program like Autoline by the BBB. The proposal of the arbitrators is binding on the manufacturer but not on the buyer. If unsatisfied with the judgment, the buyer can take the 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 automobile, less the amount that the owner gained from by using the automobile. To get the repayment total several factors are considered such as was it a sale or a lease, the purchase price, taxes and license, and mileage etc.
Some nearly new used vehicles might qualify under regular lemon laws. For example, a pre-owned motor vehicle may fall under regular lemon laws if it is less than one year old and has got fewer than 12,000 miles on the odometer. States that do have a pre-owned car lemon law will be more generous with the age and measure of mileage. Still, the car has to be sold by a dealer that offers a written warranty. Individual sales are not governed, neither are automobiles sold under a declared purchase price. There might be other restrictions to a used car lemon law such as the purposes in which the automobile is used or the categorisation of automobile. Older motor vehicles, are usually excluded from used car lemon laws. Used car lemon laws normally cover a much shorter time period than new car regulations. They oftentimes range from 30 to 90 days, depending on your used vehicle's mileage.
When picking out an attorney for your lemon case, make sure that your lawyer is knowledgeable about the ordinances that cover to your state. Also enquire about the pricing program. Many lemon law attorneys need a generally modest retainer to cover a lemon law claim, and thenceforth, the attorney's invoices are sent to the original maker. Basically, lemon law claims are generally very inexpensive to customers. The reimbursement of attorney invoices varies from state to state. About half of the states permit you to recoup your Lawyer charges if you win. The attorney's fee is based upon actual time used rather than being linked to any percentage of the recovery. In many States, you have to pay the manufacturing business* attorney's bills if you lose.

Consumers should put their complaints in writing and save a copy. In any written communication, always make clear how taxing it is to bring the vehicle to the dealer for repairs and that the reliableness that the buyer thought He or she was buying has been non-existent. Any written communication with a dealer or original maker should be sent using certified post. In almost all lawsuits the manufacturing business* claim that they have not had the required number of endeavors to repair the condition. They rely on the knowledge that the buyer does not keep repair sheets for each instance they have driven the automobile into the authorized dealership. They also depend on the possibility that the repair sheets have seperate items fixed each period proving that they haven't repaired the same condition. Consumers ought to reply by demanding that dealerships always send them a warranty repair ticket. Consumers ought to also contend that these unrecorded visits are attempts.

Make sure to be aware of your rights under the lemon laws. Upon purchase, immediately page through your owner's binder and warranty info thoroughly, as well as the data with respect to lemon law rights that you should receive when you buy your vehicle. Don't bet on your dealer to explain which problems are covered by warranty. If your dealer states that a condition isn't covered and you think that she is being deceptive, be civil but surefooted. Don't be afraid to point out the segment of the warranty that is relevant, or to call the manufacturer for verification applying the contact references included within your owner's binder. You shouldn't have to pay for work linked to lemon law complaints. It's also crucial to notify the manufacturer of a complaint straightaway. If you suspect that your car has a condition what 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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