| 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 |
21.51 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 |
87.33 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 |
88.32 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 |
91.26 miles |
| (520) 547-7940 |
www.tucsonlaw.com |
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| Jeffrey Garber |
640 W State St El Centro, CA 92243-2930 92243 |
218.47 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 |
265.90 miles |
| (702) 433-8780 |
gonciarzlaw.lawoffice.com |
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| The McMillan Law Firm, APC |
45709 Nebo Drive Suite 200 La Mesa, CA 91941 91941 |
299.36 miles |
| (877) 235-2997 |
www.mcmillanlaw.us |
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| The Bickel Law Firm |
100 E. San Marcos Blvd. Suite 400 San Marcos, CA 92069 92069 |
307.00 miles |
| (888) 899-8069 |
www.bickellawfirm.com |
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| A. Samuel Spital & Associates |
8880 Rio San Diego Drive Suite 800 San Diego, CA 92108-1642 92108 |
307.70 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 |
308.66 miles |
| (888) 536 6671 |
www.kahnandassociates.com |
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Arizona Revised Statutes §§ 44-1261 to 44-1265
44-1261 . Definitions; exemptions
A. In this article, unless the context otherwise requires:
1. "Consumer" means the purchaser, other than for purposes of resale, of a motor vehicle, any person to whom the motor vehicle is transferred during the duration of an express warranty applicable to the motor vehicle or any other person entitled by the terms of the warranty to enforce the obligations of the warranty.
2. "Motor vehicle" means a self-propelled vehicle designated primarily for the transportation of persons or property over the public highways.
B. If the motor vehicle is a motor home, the provisions of this article shall apply to the self-propelled vehicle and chassis but does not include those portions of the vehicle designed, used or maintained primarily as a mobile dwelling, office or commercial space.
C. The provisions of this article do not apply to a motor vehicle with a declared gross weight over ten thousand pounds.
44-1262 . New motor vehicle; repair during express warranty or two years or twenty-four thousand miles
A. If a new motor vehicle does not conform to all applicable express warranties:
1. A consumer shall report the nonconformity to the manufacturer, its agent or its authorized dealer or issuer of a warranty during the shorter of the following:
(a) The term of the express warranty.
(b) The period of two years or twenty-four thousand miles following the date of original delivery of the motor vehicle to the consumer, whichever is earlier.
2. The manufacturer, its agent or its authorized dealer or the issuer of a warranty shall make those repairs that are necessary to conform the motor vehicle to such express warranties, even if the repairs are made after the expiration of the term or two year period or twenty-four thousand mile limit.
B. This section does not limit in any way the remedies available to a consumer under a new motor vehicle warranty that extends beyond the limits prescribed in this section.
44-1263 . Inability to conform motor vehicle to express warranty; replacement of vehicle or refund of monies; affirmative defenses
A. If the manufacturer, its agents or its authorized dealers are unable to conform the motor vehicle to any applicable express warranty by repairing or correcting any defect or condition which substantially impairs the use and value of the motor vehicle to the consumer after a reasonable number of attempts, the manufacturer shall replace the motor vehicle with a new motor vehicle or accept return of the motor vehicle from the consumer and refund to the consumer the full purchase price, including all collateral charges, less a reasonable allowance for the consumer's use of the vehicle. The manufacturer shall make refunds to the consumer and lienholder, if any, as their interests appear. A reasonable allowance for use is that amount directly attributable to use by the consumer before his first written report of the nonconformity to the manufacturer, agent or dealer and during any subsequent period when the vehicle is not out of service by reason of repair.
B. It is an affirmative defense to any claim under this article that either:
1. An alleged nonconformity does not substantially impair the use and market value of the motor vehicle.
2. A nonconformity is the result of abuse, neglect or unauthorized modifications or alterations of the motor vehicle.
44-1264 . Reasonable number of attempts to conform motor vehicle to express warranty; presumption
A. It is presumed that a reasonable number of attempts have been undertaken to conform a motor vehicle to the applicable express warranties if either:
1. The same nonconformity has been subject to repair four or more times by the manufacturer or its agents or authorized dealers during the shorter of the express warranty term or the period of two years or twenty-four thousand miles following the date of original delivery of the motor vehicle to the consumer, whichever is earlier, but the nonconformity continues to exist.
2. The motor vehicle is out of service by reason of repair for a cumulative total of thirty or more calendar days during the shorter of the express warranty term or the two year period or twenty-four thousand miles, whichever is earlier.
B. The term of an express warranty, the two year period and the thirty day period are extended by any period of time during which repair services are not available to the consumer because of any war, invasion, strike, fire, flood or other natural disaster.
C. The presumption prescribed in this section does not apply against a manufacturer unless the manufacturer has received prior direct written notification from or on behalf of the consumer of the alleged defect and has had an opportunity to cure the alleged defect.
44-1265 . Nonlimitation of rights; refund or replacement not required if certain procedures not followed; attorney fees
A. If a manufacturer has established or participates in an informal dispute settlement procedure which complies in all respects with 16 code of federal regulations part 703, section 44-1263 relating to refunds or replacement does not apply to any consumer who has not first resorted to such a procedure.
B. A consumer shall begin an action under this article within six months following the earlier of expiration of the express warranty term or two years or twenty-four thousand miles following the date of original delivery of the motor vehicle to the consumer, whichever is earlier. If a consumer prevails in an action under this article, the court shall award the consumer reasonable costs and attorney fees.
44-1266 . Notice to dealers and prospective purchasers
A. A manufacturer who has been ordered by judgment or decree to replace or repurchase a motor vehicle pursuant to this article or the repair or replace laws of another state shall, before offering the motor vehicle for resale, attach to the motor vehicle written notification indicating the motor vehicle has been replaced or repurchased. A consumer has a cause of action against any person who removes the written notification from the motor vehicle, except as provided in subsection B of this section.
B. A motor vehicle dealer, broker, wholesale motor vehicle dealer or wholesale motor vehicle auction dealer as defined in section 28-4301 who offers for sale a motor vehicle that has been replaced or repurchased pursuant to this article or the repair or replace laws of another state shall provide the purchaser with the manufacturer's written notification indicating that the motor vehicle has been replaced or repurchased before completion of the sale.
C. It shall constitute an affirmative defense in an action brought pursuant to subsection A of this section against a motor vehicle dealer or an agent of a motor vehicle dealer that the notification described in subsection A of this section was removed by someone other than the dealer or agent without the knowledge of the dealer or agent.
Although it varies from state to state, the Lemon Laws provide that if you purchase (and in most states, lease) a new or pre-owned vehicle or other vehicle with a manufacturer's warranty that is found to be damaged after repeated repair attempts, and the original equipment manufacturer just can't restore it even with persistent tries (inside a limited time limit that differs from state to state), or if the product is not drivable for a designated period (generally 30 days) due to its troubles, you are eligible to a broad range of maltreats, including:
1. Money restitution
2. A return of the original money paid
3. A new vehicle
Also, virtually all the Lemon Laws (as well as the Federal Warranty Law) have a fee shifting element which says that if you win your lawsuit, the manufacturing business or dealer that sold you the lemon is forced to pay your litigation expenses.
Lemon Law Regulations
State-specific Lemon Law Statutes
Each of the 50 states has a unique Lemon Law statute. Even though the wording of each state's statute differ, the conventional state Lemon Law statute extends assistance for owners with a imperfect automobile sold with a warranty if:
1. The dealership or manufacturing business just can not completely repair a specific problem in the item after a sensible number of repair attempts (normally at least three);
2. The car cannot be driven for at least 30 days due to faults in the motor vehicle; or
3. The dealership or manufacturing business just can not fix a fault that is a urgent safety risk.
Typically, a bad motor vehicle is a motor vehicle with a condition or trouble that often impares its drivability, economic value, or safety to the consumer and doesn't maintain the standard of the written warranty. In most instances, the time period during which the Lemon Laws are applicable are relatively short; the problems and resulting repair efforts (or out-of-service period of time) typically will happen during the first two-years or 24,000 miles in which the purchaser owns the vehicle. However, a number of states have even shorter periods. Moreover, many states have notification and initiation prerequisites, such as wanting the consumer to send out registered post notice to the manufacturing business of the shortcomings and giving the car dealership a chance to repair the motor vehicle. Additionally, several states demand that Lemon Law lawsuits be settled through an arbitration program.
Generally, state Lemon Law regulation codes also are applicable to leased vehicles and used automobiles bought whilst under the manufacturing business* original warranty. A number of state Lemon Laws also apply to automobiles other than passenger vehicles. depending on the customer's state of residence, or the state where the consumer purchased the vehicle, Lemon Laws may be applicable to:
-RV's
-Motorcycles
-Boats
-Other consumer commodities (such as electronics)
There are a number of effective resolutions available under the Lemon Laws. U.S. statesten times, if the original producer just can't fix the car, the consumer can either expect the original producer to replace the motor vehicle, or make the original producer to take back the motor vehicle and repay the original cost along with incidental damages, including all charges, towing fees, repair charges, alternative travel costs and other costs incurred by the consumer as a consequence of the problems in the motor vehicle. Another important remedy possible under most Lemon Laws is litigation fees. In most states, if you win in a Lemon Law case, you will not have to pay any attorneys' bills-the auto manufacturing business that sold you your lemon is required to pay all of your attorney's charges.
The defendant car original equipment manufacturer can use several defenses to a Lemon Law claim. The average regulation provides that the original producer is not guilty if it can affirm that the faults at issue came about because of maltreatment, carelessness, or the tampering or alteration of a car by a party other than the maker, its agent, or an authorized dealer. In different words, if the consumer breaks his or her own motor vehicle, or the troubles were caused by changing or alterations executed by a third party, the maker might not be responsible.
Federal Lemon Law Statutes
The Magnuson Moss Act
The Magnuson-Moss Warranty Act is the federal law that controls consumer merchandise warranties. Signed by Congress in 1975, the Magnuson Moss Act requires manufacturing business and marketers of consumer goods to provide customers explanatory facts about warranty coverage benefits. In addition, it affects both the rights of customers and the obligations of warrantors under manufacturer warranties.
Although the Magnuson Moss Act does not call for an vehicle maker to furnish buyers with a warranty, if a warranty is provided, the Magnuson Moss Act affords some protections for the consumer. The Magnuson Moss Act makes it easier for customers to sue for violating the warranty by making breach of warranty a violation of federal law, and by allowing for customers to recuperate legal charges and fair laywers' charges.
The Magnuson Moss Act is typically relevant in a lemon lawsuit in which, for some reason, a state Lemon Law claim is unavailable or furthermore unsuited. For example, divaricate from the rather short cycle provided to consumers with many Lemon Laws, you can file a claim for breach of warranty after the warranty period has expired as long as the troubles came about during the warranty time period. Additionally, although a few Lemon Laws limit their coverage to a small number of automobiles, the Magnuson Moss Act applies to just about all consumer products. The Magnuson Moss Act may also apply if you purchased or leased a preowned motor vehicle without a manufacturer's warranty, or if the vehicle is covered by a service contract or other variant of extended warranty.
The Uniform Commercial Code
The Uniform Commercial Code (referred to as "UCC") has been enacted in every U.S. state. It is the principal basis of law regulating consumer warranties, including vehicles and other items. The UCC offers an alternative legal route for public consumers with lemon troubles.
UCC code states that the purchaser of a good is entitled to return product which do not perform in any way to the agreement. Thus, if your recently purchased automobile does not operate as guaranteed by the manufacturing business (your written warranty is part of your consumer warranty), you may file a claim referencing the UCC in addition to any additional claims you may have.
The time for taking back a automobile with the UCC is not limitless. If you reveal a fault in your motor vehicle inside a sensible ownership time period, you may reject the motor vehicle. Unfortunately, brand new vehicles are frequently mechanically enigmatic and you may not notice if your car conforms to the consumer warranty until long after you buy the car and defects begin to arise. In essence, if After this ownership time you fail to take back the car, you will be alleged to have accepted it and might have no claim through the UCC.
The duration of the inspection time period is not delineated in the regulation. The Courts decide how long the fair inspection period is based on the consumer's expertise and past experience, the consumer's trouble in observing the fault, and the consumer's chance to reveal the gremlin.
In spite of this restriction, the UCC says that in certain examples where a buyer is stated to have approved of products (i.e. the fair inspection period has passed), a buyer can still repeal his favorable reception of those products where the non-conformity largely impares the marketability of the products to him. Those instances include circumstances in which it proves toilsome to observe the nonconformity or the buyer was promised that the non-conformity would be remedied. Put differently, the local court will pardon the buyer from not having rejected the products where the buyer could not have reasonably done so, or where the manufacturer promised the buyer that the problems would be repaired.
When a automobile excessively breaks and you have to keep bringing it back to the dealership for repair under the warranty, the automobile lemon law can be your next refuge. The defect should be substantial in which it hampers your driving the item or your safety. A item stalling for no reason would be a substantial defect. This is precisely the type of problem that could impair your driving and your safety. Under the vehicle lemon law you are not expected to demonstrate why the motor vehicle is stalling, you merely have to show clearly that it is stalling. Put simply you need to check out the lemon law in these three instances: the motor vehicle keeps breaking inside the warranty period, the motor vehicle is a safety risk, the dealership is incapable to recondition the motor vehicle when it is guaranteed.
If you own a car which is a lemon you can directly write to the original producer and ask for another equivalent car. If this requirement is not acceptable to the original producer, you may move into an arbitration arrangement. A few manufacturers use their own arbitration program. Other manufacturers use third party arbitration program like Autoline by the BBB. The proposition of the arbitrators is binding on the original producer but not on the owner. If unsatisfied with the assessment, the owner can take the original producer to court.
Virtually all regulations specify that the purchaser needs to be restored back to the fiscal position they were in prior to purchasing the motor vehicle, less the amount that the purchaser profited from by using the motor vehicle. To get the refund amount many components are considered such as was it a sale or a lease, the purchase price, taxes and license, and mileage etc.
Some almost new used motor vehicles might qualify under basic 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 less than 12,000 miles on the odometer. States which do have a used motor vehicle lemon law might be more cooperative with the age and measure of mileage. Still, the motor vehicle must be sold by a dealer that extends a warranty. Personal sales are not governed, nor are vehicles sold under a stated original price paid. There could be other restrictions to a used car lemon law such as the proposes in which the motor vehicle is utilized or the categorization of motor vehicle. Classic automobiles, are ordinarily excluded from used motor vehicle lemon laws. Used motor vehicle lemon laws ordinarily cover a much shorter time period than brand new motor vehicle laws. They often range from 30 to 90 days, depending on your used car's mileage.
When finding a lawyer for your lemon case, make sure that your lawyer is knowledgeable about the ordinances that are applicable to your state. Also enquire about the pricing system. Many lemon law attorneys assume a generally humble retainer to handle a lemon law claim, and subsequently, the attorney's bills are billed to the manufacturer. Thus, lemon law claims are normally very affordable to purchasers. The reimbursement of lawyer charges varies from state to state. About half of the states provide for you to recoup your Lawyer expenses if you win. The lawyer's fee is based on actual time spent rather than being attached to any share of the recuperation. In a select few States, you must pay the manufacturing business* lawyer's bills if you lose.
Consumers should record their complaints in writing and save a copy. In all written communication, always describe how difficult it is to take the motor vehicle to the dealer for work and that the reliability that the consumer thought She was buying has been non-existent. Any written communication with a car dealership or manufacturer should be sent using certified postal service. In most lawsuits the manufacturers claim that they haven't had the requisite number of tries to repair the condition. They bet on the reality that the consumer doesn't keep repair orders for each instance they have driven the vehicle into the authorized dealership. They also rely on the possibility that the repair orders have seperate things fixed each instance establishing that they haven't fixed the same defect. Consumers should reply by demanding that dealers always give them a warranty repair sheet. Consumers should also debate that these unwritten visits are efforts.
Make sure to be mindful of your rights under the lemon laws. Upon purchase, immediately scan your owner's book and warranty references thoroughly, and the facts with respect to lemon law rights which you should receive when you buy your automobile. Don't depend on your dealership to outline what problems are covered by warranty. If your dealership states that a defect isn't covered and you believe that she is decieving you, be genteel but self-asserting. Don't be afraid to produce the section of the warranty that is relevant, or to call the original producer for substantiation applying the contact information included with your owner's book. You shouldn't be obliged pay for work related to to lemon law complaints. It's also essential to give notice the original producer of a complaint straightaway. If you are suspicious that your motor vehicle has a problem that just can't be repaired, check into your lemon law rights to see when you are able to bring a lemon law complaint.
Lemon Law Tips:
1. Take your car in early - as soon as something appears wrong.
2. Hold onto repair orders - Always obtain a work order when you take the vehicle for repairs, and always obtain a completed repair order when work is completed. Be sure the work order reflects your own thoughts and comments regarding your complaints. If the technician summarizes or changes your complaint too much, have that technician add your corrected comments. Sign and receive a copy of the repair Order before leaving.
3. Be consistent in your complaints. Lemon Laws generally require that a manufacturer's authorized repair facility be provided with a reasonable number of opportunities to repair the same problem(s). Therefore, be as consistent as possible on each repeated repair attempt in describing the problem(s) you are having. This will establish that the problem is the same recurring problem, and will make any potential lemon law claim easier to establish and prove.
4. Look for TSBs: Technical Service Bulletins are issued by manufacturers regarding common defects or repairs in certain automobile models. Your dealer will not seek to tell you about TSBs unless you ask. Ask the dealer to make note of your TSB request on the repair order, even if your dealer tells you that none exist for your problem.
5. Watch for bad advice - Dealers and manufacturers personnel, without intending to, frequently practice law by giving you their version of lemon laws. Typically it is wrong and may be detrimental to your case. It doesn't matter whether the reason for this misinformation is unintentional or not. The effect is similar. So check any advice given by the dealer or manufacturer before making any decision that may harm your case.
6. Beware of arbitration - Manufacturers frequently recommend arbitration or even imply that it is a mandatory prerequisite to resolving your problem. Arbitration is neither desirable nor mandatory! And it is absolutely not a prerequisite for making a lemon law demand!
Leading Misconceptions regarding the Lemon Laws
If my case does not qualify for the lemon law there is nothing I can do.
Attorneys regularly take cases that do not meet the lemon law criteria. All purchasers of defective products have a legal right to compensation. They frequently take cases which do meet the mileage or repair criteria of the lemon law, bring them in court, and secure compensation or other relief for the buyer.
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