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.

Although it varies from state to state, the Lemon Laws provide that if you purchase (and in various states, lease) a new or used vehicle or other car covered by a manufacturer's warranty that is repeatedly faulty, and the original producer just can't fix it despite duplicated tries (in a defined time that differs from state to state), or if the car is out of service for a designated time period (often 30 days) because of its shortcomings, you are eligible to a wide range of dismantles, including:

1. Money damage settlements
2. A compensation of the original money paid
3. A brand new vehicle
Moreover, virtually all of the Lemon Laws (as well as the Federal Warranty Law) contain a fee changing mechanism that states that if you win your lawsuit, the original equipment manufacturer or car dealership which sold you your lemon is expected to pay legal bills.


Lemon Law Statutes
State Lemon Law Regulations
Each of the 50 states has a unique Lemon Law statute. Although the protections of each state's statute vary, the conventional state Lemon Law statute extends assistance for buyers with a faulty car sold with a warranty if:

1. The dealer or original equipment manufacturer just can not accurately fix a particular gremlin in the automobile after a sensible number of repair attempts (usually at least 3);
2. The vehicle cannot be used for at least 30 days due to shortcomings in the motor vehicle; or
3. The dealer or original equipment manufacturer just can't correct a failing that is a major safety hazard.

In general, a defective motor vehicle is a motor vehicle with a condition or trouble that largely degrades its function, value, or safety to the consumer and does not maintain the standard of the warranty. In most instances, the time period in which the Lemon Laws apply are relatively short; the flaws and resulting repair attempts (or out-of-service time period) usually will happen during the first 2-years or 24,000 miles of consumer ownership of the car. However, a number of states have even shorter time periods. Furthermore, virtually all states have notice and initiation prerequisites, such as expecting the consumer to give registered mail notice to the original equipment manufacturer of the problems and establishing the car dealership a period to fix the automobile. Also, some states demand that Lemon Law suits be resolved through an arbitration proceeding.

Generally, state Lemon Law regulations also apply to leased vehicles and used cars bought whilst under the makers written warranty. A number of state Lemon Laws also apply to vehicles other than passenger cars. depending upon the customer's state of residence, or the state in which the consumer bought the automobile, Lemon Laws may be applicable to:

-RV's
-Motorcycles
-Boats
-Other consumer items (like televisions)
There are many powerful resolutions available under the Lemon Laws. US Statesally, if the original equipment manufacturer cannot correct the car, the consumer may either demand the original equipment manufacturer to replace the automobile, or demand the original equipment manufacturer to reposess the vehicle and payback the original cost including accompanying damages, like all charges, towing costs, repair costs, alternative travel charges and other charges incurred by the consumer as a result of the flaws in the vehicle. Another important relief possible under most Lemon Laws is attorneys' fees. In virtually all states, if you win in a Lemon Law case, you do not have to pay any attorneys' charges-the auto original equipment manufacturer that sold you your lemon is forced to pay all of your litigation expenses.

The defendant car original producer can apply assorted defenses to a Lemon Law claim. The typical statute affords that the manufacturing business is not responsible if it can show clearly that the flaws in dispute came about because of malevolence, negligence, or the alteration or modification of a car by a party other than the maker, its agent, or an authorized dealer. Put differently, if the consumer damages his or her own car, or the problems were a consequence of changing or changes conducted by an unauthorized person, the maker might not be guilty.


Federal Lemon Law Statutes
The Magnuson Moss Act
The Magnuson-Moss Warranty Act is the federal law that governs consumer product warranties. Passed by Congress in 1975, the Magnuson Moss Act requires manufacturers and marketers of consumer commodities to give consumers detailed data about warranty coverage claims. Additionally, it sets both the rights of public consumers and the obligations of warrantors under manufacturer warranties.

Even though the Magnuson Moss Act doesn't demand an automobile original producer to supply purchasers with a warranty, if a warranty is furnished, the Magnuson Moss Act extends some protections for the consumer. The Magnuson Moss Act makes it easier for buyers to sue for not honoring the warranty by making breach of warranty an infraction of federal law, and by allowing customers to recover legal charges and reasonable attorneys' charges.

The Magnuson Moss Act is often helpful in a lemon situation in which, for some reason, a state Lemon Law claim is not available or furthermore unfit. For instance, contrary to the generally short period of time provided to purchasers within most Lemon Laws, you could register a claim for breach of warranty after the warranty period has passed if the defects occured during the warranty period. Moreover, although many Lemon Laws restrict their coverage benefits to a very specific offering of motor vehicles, the Magnuson Moss Act applies to virtually all consumer items. The Magnuson Moss Act could also apply if you bought or leased a preowned motor vehicle without a manufacturer's warranty, or if the motor vehicle is covered by a third party contract or other type of extended warranty.


The Uniform Commercial Code
The Uniform Commercial Code (referred to as "UCC") has been enacted in every state. It is the principal basis of law regulating contracts dealing with the sale of products, including cars and other items. The UCC offers another legal course for consumers with lemon troubles.

UCC code stipulates that the buyer of a product is entitled to return merchandise which do not perform in any sense to the consumer warranty. Basically, if your brand new vehicle does not function as pledged by the original maker (your manufacturer warranty is part of your consumer warranty), you can file a claim referencing the UCC in addition to any other claims you may have.

The period of time for taking back a automobile with the UCC is not limitless. If you discover a gremlin in your motor vehicle inside a fair ownership period, you can refuse the automobile. Unfortunately, new cars can be oftentimes mechanically complicated and you may not recognize whether your automobile conforms to the consumer warranty till long after you buy the automobile and troubles start to develop. Fundamentally, if After this ownership time period you fail to reject the automobile, you will be deemed to have o.K.ed it and will have no claim through the UCC.

The duration of the inspection period is not specified in the statute. State courts determine how long the sensible review period is based on the consumer's knowledge and personal experience, the consumer's difficulty in finding the deficiency, and the consumer's opportunity to notice the problem.

In spite of this limit, the UCC stipulates that in certain instances where a consumer is said to have approved of goods (i.e. the sensible review time has expired), a consumer can still revoke his acceptation of those product where the non-conformity substantially cripples the economic value of the product to him. Those cases include instances in which it proves laborious to expose the nonconformity or the consumer was ensured that the non-conformity would be remedied. In other words, the local court will exempt the consumer from not refusing the product where the consumer could not have reasonably done so, or where the manufacturer promised the buyer that the problems would be repaired.
When a auto excessively gives out and you have to keep taking it back to the dealership for repair under the warranty, the motor vehicle lemon law might be your next course. The deficiency ought to be significant in which it interferes with your driving the product or your safety. A product stalling constantly would be a significant deficiency. This is precisely the type of problem that could hamper your driving and your safety. Under the automobile lemon law you are not required to show why the vehicle is stalling, you merely have to prove that it is stalling. Put simply you need to check into the lemon law in these 3 examples: the vehicle keeps breaking down inside the warranty time period, the vehicle is a safety hazard, the car dealership is not able to recondition the vehicle when it is warranted.

If you own a car which is a lemon you can immediately write to the original equipment manufacturer and ask for a replacement car. If this request is not acceptable to the original equipment manufacturer, you could enter into an arbitration program. A few makers use their own arbitration process. Other makers utilize external arbitration program including Autoline by the Better Business Bureau. The judgment of the arbitrators is binding on the original equipment manufacturer but not on the consumer. If unsatisfied with the opinion, the consumer can take the original equipment manufacturer to court.

Virtually all ordinances provide that the customer must be restored back to the financial position they were in before they purchased the vehicle, less the amount that the customer gained from by using the vehicle. To get the restitution total 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 nearly new used cars will qualify under basic lemon laws. For example, a pre-owned vehicle may fall under regular lemon laws if it is less than a year old and has less than 12,000 miles on the odometer. States that do have a pre-owned vehicle lemon law will be extra accommodative with the age and measure of mileage. Still, the car must be sold by a dealership that provides a written warranty. Individual sales are not governed, neither are motor vehicles sold under a declared purchase price. There might be other restrictions to a used car lemon law such as the functions in which the vehicle is driven or the categorization of vehicle. Vintage cars, are ordinarily excluded from pre-owned car lemon laws. Used car lemon laws usually cover a much shorter time period than brand new car ordinances. They usually range from 30 to 90 days, based on your pre-owned car'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 attorneys demand a relatively modest retainer to handle a lemon law claim, and afterward, the lawyer's invoices are charged to the manufacturer. Basically, lemon law claims are ordinarily very inexpensive to purchasers. The reimbursement of attorney invoices differs from state to state. About half of the states provide for you to recover your Attorney fees if you win. The lawyer's fee is based on actual time used instead of being attached to any percentage of the recuperation. In a select few States, you will pay the manufacturing business* attorney's fees if you lose.

Consumers ought to put their complaints in writing and keep a copy. In every written correspondence, always describe how burdensome it is to take the auto to the dealer for work and that the reliability that the purchaser believed He was getting has been non-existent. Any written correspondence with a dealership or manufacturer ought to be sent using certified mail. In most instances the makers claim that they have not had the essential number of attempts to fix the defect. They bet on the fact that the purchaser does not keep repair receipts for each occurance they have brought the car into the dealership. They also count on the fact that the repair receipts have different things fixed every time proving that they have not fixed the same defect. Consumers ought to respond by requiring that authorized dealerships always grant them a warranty repair order. Consumers should also contend that these unrecorded visits are tries.

Make sure to be aware of your rights under the lemon laws. Upon purchase, immediately scan your owner's manual and warranty references completely, along with the data pertaining lemon law rights that you ought to obtain when you choose your vehicle. Don't bet on your dealer to tell you which defects are covered by warranty. If your dealer states that a defect is not covered and you believe that he is misleading you, be polite but confident. Don't be frighted to go over the segment of the warranty that is relevant, or to call the manufacturer for substantiation using the contact information included with your owner's manual. You shouldn't be obligated pay for repairs connected to lemon law complaints. It's also important to notify the manufacturer of a complaint right away. If you think that your automobile has a problem which just can't be fixed, 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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