Arizona’s lemon law says a manufacturer must replace or repurchase any nonconforming vehicle they or their authorized agents are unable to repair. However, the lemon law says the consumer must allow the manufacturer a reasonable number of attempts to correct the nonconformity.
- The Arizona Lemon Law provides that if a new motor vehicle does not conform to all applicable express warranties because it has defects, nonconformities, and or/conditions, the manufacturer or its authorized repairing dealership shall make those repairs necessary to conform the vehicle to its express warranties.
What qualifies as a lemon in Arizona?
In Arizona, a “lemon” is described as a car that is seemingly perfectly fine at the time of purchase but has concealed problems or shoddy fixes and parts that lead to car troubles weeks or even days after purchase.
How does a car qualify for lemon law?
What Qualifies as a Lemon? Under the law of most states, for a vehicle to be considered a lemon, the car must 1) have a “substantial defect,” covered by warranty, that occurs within a certain time after purchase, and 2) continue to have the defect after a “reasonable number” of repair attempts.
What is the Arizona Lemon Law for new cars?
The Arizona Lemon Law provides that if a new motor vehicle does not conform to all applicable express warranties because it has defects, nonconformities, and or/conditions, the manufacturer or its authorized repairing dealership shall make those repairs necessary to conform the vehicle to its express warranties.
Can I return a used car in Arizona?
Arizona law does not require dealers to give used car buyers a three-day right to cancel. The right to return the car in a few days for a refund exists only if the dealer grants this privilege to buyers. Private used car sales may be different from used car sales purchased from a dealer.
Does Arizona have a buyers remorse law?
Arizona laws does not provide a three-day cooling off or buyer’s remorse period. The only exceptions to this rule are pre-arranged contracts with the dealership in which a grace period is offered, or if the vehicle is deemed a lemon under the Arizona lemon law.
How do you win a lemon law case?
To win a lemon law case, it’s important that you have proof that you tried several times to get the vehicle fixed. If you own a used vehicle, then you will need one of three specific warranties to have a lemon law claim:
- a transferred new car warranty.
- a certified pre-owned warranty.
- lemon law buy-back warranty.
Is there a lemon law in Arizona for used cars?
Used Car. Your car is covered by the Arizona Used Car Lemon Law if a major component of your car breaks before the earlier of 15 days or 500 miles after you buy the car. If it breaks, you’ll still have to pay up to $25 for the first two repairs. The recovery for the consumer is the purchase amount paid for the car.
Can you return a used car if it has problems?
Generally, lemon laws require that the owner of the vehicle allow the dealership multiple chances to fix the defect. If the defect is unable to be fixed after several attempts, the owner may be able to return the car in exchange for compensation or a replacement vehicle.
Do I need a lawyer for lemon law?
While it’s not mandatory that you hire a lawyer to represent you in your Lemon Law case, enlisting the aid of an experienced CA Lemon Law attorney can help you get the most out of your claim.
How does a vehicle buyback work?
A buyback is a vehicle that the manufacturer repurchased from its previous owner. When a manufacturer “buys back” a vehicle because it had a problem, they typically make repairs and put the car back on the market to resell to another consumer. However, this doesn’t always mean that the defect has been fully repaired.
What is a buyback lemon car?
A Lemon Law buyback vehicle is a vehicle that has been reacquired by the manufacturer, on or after January 1, 1996, due to specified warranty defect(s). The vehicle must be registered in the manufacturer’s name prior to resale to a member of the public.
Can a lemon title be removed?
Lemon Law Title Once that designation has been made it may never be removed from the vehicle’s title and will remain on the vehicle’s history report indefinitely.
Can a dealership take a car back after a month in Arizona?
Here’s why: Somewhere in the fine print of the contract you signed, it states that if the dealer cannot find a lender for you, the car has to be returned. This clause may state that the dealer has 30 days or more, or it may not state a time limit at all.
What is the Used Car Rule?
The Used Car Rule, formally known as the Used Motor Vehicle Trade Regulation Rule, has been in effect since 1985. It requires car dealers to display a window sticker, known as a Buyers Guide, on the used cars they offer for sale.
Can you straight pipe a car in Arizona?
The Arizona Revised Statutes sets no absolute decibel limits on cars and trucks; state law only requires that “A motor vehicle shall be equipped at all times with a muffler that is in good working order and that is in constant operation to prevent excessive or unusual noise” and prohibits “a muffler cutout, bypass or
The Arizona Lemon Law Explained
A new automobile purchase is usually a wonderful and exciting experience, from choosing the color to driving it off the lot knowing it is completely yours! What would you do if your automobile suddenly began experiencing frequent or strange mechanical issues, leading you to question if you had purchased a lemon in the first place? If your experience with a lemon has left you feeling sour, you should be aware that you have rights under the Arizona Lemon Law. “Lemon” refers to an automobile that, while appearing to be in excellent working order at the time of purchase, is really suffering from hidden faults or substandard repairs and components that cause car woes weeks or even days after purchase.
You Must Qualify
There are various requirements that must be completed before receiving full protection under the lemon law, the most important of which are as follows:
- The mechanical problem must have a negative impact on the usage and value of the vehicle and cannot be a minor inconvenience. It must be a significant component connected to the brakes, engine, or transmission, or the car must be shutting down at random intervals. It is necessary to provide for a decent length of time for repair. It would be regarded fair if there were four or more visits to the dealer for a similar problem, or if the vehicle had been in the shop for more than 30 days for repair—it does not have to be for the same problem, or if there was an unreasonable repair history. Mechanical failures must occur during the first two years or 24,000 miles of ownership, and the claim must be lodged within six months after the expiry date, whichever is sooner.
What You’re Entitled To
When purchasing a vehicle, car owners who believe their vehicle does not meet the express guarantee (express warranties are explicitly stated either orally or in writing) have the option of returning their vehicle to the dealership within two years or 24,000 miles, whichever comes first. The seller is responsible for making any repairs that are required to guarantee that the vehicle satisfies the specifications of the express warranty. Please keep in mind that title changes have no impact on the timetable.
The Dealer Must Do Their Part
According to Arizona law, dealers are required to make a “reasonable number of tries” to repair the car to its original condition. Reasonable is defined as up to four store visits or a total of 30 days spent in the shop on a cumulative basis. The buyer has the option of receiving a replacement vehicle or receiving a refund of the purchase price, less any fees associated with the time the driver was able to use the vehicle without experiencing any problems. If the dealer is unable to repair the vehicle within the time frame specified, the buyer has the option of either receiving a replacement vehicle or receiving a refund.
In order to receive a refund, you must submit documentation that your vehicle is a lemon. As a result, it is critical that the buyer gives written notification of the problem prior to seeking repairs (if the defect is a known issue, such as a recall, for example) and that the buyer retains all copies of repair orders and other paperwork.
As a result, the dealer or vehicle manufacturer may argue that the customer failed to give notification within the specified timeframe, did not use the car correctly, or otherwise contributed to the vehicle’s deterioration.
Used Cars vs. New Cars
According to the Arizona Lemon Law, used automobile purchasers in Arizona have less protection than new car purchasers since used cars are notorious for having mechanical problems. Some of the faults may not even become apparent until the property has been sold or transferred ownership. Protective coverage is available for 15 days or 500 miles of travel distance, whichever is greater. If the automobile breaks down within this time period, the buyer may be required to pay up to $25 toward the cost of the first two repairs that are required.
Don’t Get Squeezed
It is preferable to avoid purchasing a lemon in the first place, despite the fact that the Arizona Lemon Law exists to safeguard customers. Keep in mind that laws are subject to interpretation and that repairs can be time-consuming and inconvenient to arrange. When acquiring a car, be certain that you fully understand any explicit warranty that comes with the purchase of the vehicle. Make sure you only shop at trusted and respected car dealerships when acquiring used vehicles. It’s also important to remember that Lemon Law protection does not apply to used private purchases or automobiles sold at a public auction, nor does it apply to vehicles with a reported weight of more than 10,000 pounds.
Can I Return a New Car Under Arizona Lemon Law?
In accordance with Arizona Lemon Law, consumers who have purchased new automobiles in the state of Arizona since 2018 and suspect that their automobile may be a lemon may be allowed to return their automobiles for reimbursement or replacement.
What is a Lemon?
An automobile or other vehicle that has at least one severe and long-term problem that has an adverse effect on the vehicle’s value, safety, or usage is classified as a lemon. Defects such as malfunctioning brakes, a broken gearbox, or engine difficulties are examples of what you could find. In general, an automobile must have a serious flaw in order to be classed as a lemon; nevertheless, certain vehicles with foul odors or poor paint jobs may qualify as lemons if the defects are severe enough to lower the vehicle’s resale value.
A specific number of times that the dealership must be given the opportunity to attempt to correct the fault before designating the car a lemon is mandated by law in most jurisdictions.
What is Arizona Lemon Law?
Automobile Lemon Laws are intended to safeguard consumers who have acquired a damaged car from financial loss. Depending on whatever state you live in, these laws may be different from one another. Lemon Laws in Arizona enable consumers who have acquired either used or new automobiles the right to seek reimbursement or replacement in the event that their vehicle turns out to be a lemon.
According to Arizona Lemon Statute, buyers are insured under the law for the duration of the manufacturer’s warranty, two years, or 24,000 miles, whichever comes first. The date of coverage begins on the day that the vehicle is delivered to the consumer, unless otherwise specified.
Can I Return a New Car Under Arizona Lemon Law?
Once a consumer becomes aware of a major fault that is hurting the usability or value of their vehicle, they must disclose it to the manufacturer during the time of coverage in order to be eligible for compensation under the Arizona Lemon Law. When the fault is discovered, the manufacturer or dealer has the option of repairing it, accepting it for return and refunding the client, or replacing the vehicle with a new one. According to the Arizona Attorney General, if manufacturers or dealers elect to attempt to fix the vehicle, the state’s Lemon Law enables them to make four efforts before being required to refund or replace the vehicle.
In Arizona, consumers who purchased new automobiles inside the state between 2018 and 2020 may be eligible for legal representation to assess their claims and decide if they are entitled to legal recourse under the state’s Lemon Law.
Join a Free Lemon Law Defective Vehicle Investigation
If any of the following apply to you, you may be eligible for this Lemon Law investigation:
- You purchased your car brand new
- You acquired your vehicle between 2018 and 2020
- Your vehicle is still under warranty
- You have taken your vehicle in for repair on a number of occasions
- You have a good working relationship with your mechanic
- And that it is still experiencing the same issue
(Please keep in mind that residents of North Carolina are not eligible for this inquiry). Fill out the form on this page for a free case examination by one of our expert Lemon Law attorneys, or call (877) 289-0615 to find out whether you qualify. Request a No-Obligation Case Evaluation
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My AZ Lemon Law Rights – My Arizona Lemon Law Rights
The fact that you are seeking information on your consumer rights and the specialists who can assist you in asserting those rights is an excellent first step in standing up for yourself and getting what you paid for. There are many individuals who are under the impression that when their new automobiles have repairs performed under warranty for “free,” they are not in breach of the law, even if they have to get warranty repairs done repeatedly or the repairs take an excessive amount of time.
The Arizona Lemon Law*, on the other hand, states otherwise. When your car has been in the shop for an unreasonable number of repairs or for an unreasonable period of time, you may be entitled to Lemon Law protection under the federal law.
Consumers have a right to recovery regardless of the cost of repairs.
The Arizona Lemon Law protects customers who purchase automobiles, motorcycles, and other “street legal” motor vehicles, as well as recreational vehicles and motor homes. ** When a customer’s car shows a flaw or condition that has a detrimental impact on the vehicle’s usage, value, or safety, the law protects the consumer from liability. When your car has been in the shop for an unreasonable number of repairs or for an unreasonable period of time, you may be entitled to Lemon Law protection under the law.
There are many ways to establish an unreasonable repair history.
When determining what constitutes an unreasonable number of repairs or an inappropriate length of time spent in the shop, objective criteria are used to assess what an ordinary person would consider unreasonable given the circumstances. In order to aid consumers, the Lemon Law establishes a presumption in their favor when a vehicle has been in the shop for a specified number of times or for a specified number of consecutive days. According to the Lemon Law, a manufacturer is legally presumed to have had a reasonable opportunity to repair your vehicle if your vehicle has received four or more repairs for the same problem, or if your vehicle has been out of service for a total of 30 days or more as a result of all of its various repairs.
Please keep in mind that this is only a legal presumption that has been adopted to assist consumers like you in proving Lemon Law claims; it is not a bar to filing a successful claim.
We encourage you to submit the information asked in ourFREE CASE REVIEW form if you believe you have suffered sufficiently as a result of the problem in your car.
Consumers have many choices for relief and recovery.
According to the Arizona Lemon Law, you may be entitled to a refund (less a fair usage charge) or a comparable new replacement vehicle for the “Lemon” car you purchased. If you choose to keep your car while receiving more cash, our Firm may be able to negotiate a monetary compensation settlement for you, which would include full payment of attorneys’ costs in lieu of a buyback or replacement. No matter if the repairs were “free” under the terms of the vehicle’s warranty, you may still be entitled to collect damages from the manufacturer.
Given the overall history of defects and warranty repair visits that support your claim, you may also have a legal claim and the right to seek compensation notwithstanding the manufacturer’s or dealership’s assurance that your vehicle has been repaired.
Consumers can make a claim and obtain relief and recovery without going to court.
The majority of cases are settled out of court by our firm, and the consumer receives a recovery without the necessity for a court trial or other legal action. If a customer chooses to go to court rather than accepting an out-of-court settlement, we are qualified and experienced litigators who will aggressively pursue your claim until it is resolved. Other law firms may not be interested or willing to litigate, but our attorneys have successfully litigated claims against automobile manufacturers at both the trial and appellate levels, including the Court of Appeals.
- Our thoroughness, established track record of success in court, and earned respect from manufacturers and dealerships all contribute to our clients’ ability to resolve and recover their claims without the need to file a lawsuit in court.
- Once we have been retained to represent you in a matter, we will aggressively press your rights on your behalf and seek a favorable conclusion on your behalf.
- Consumers who win their lawsuits under the Lemon Law are entitled to recoup the costs of their legal representation.
- As a result, you may be able to recover damages and benefit from pre-litigation legal assistance without having to spend any money out of yourself, because attorneys’ costs are often asked from the manufacturer as part of all settlements.
- You do not have to put up with having your damaged car repaired over and over again, or for an excessive amount of time in order to get it fixed.
- Remember that the law clearly provides that you are entitled to have your attorneys’ costs paid by the other side when you have a Lemon car, allowing you to obtain legal representation and avoid being taken advantage of.
- We will do all we can to get you out of this situation as soon as it is legally feasible.
* The complete text of the Arizona Lemon Law can be found at Arizona Revised Statutes § 44-1261 et seq.** The Lemon Law may apply to the self-propelled vehicle and chassis of the motor home. The dwelling portion of motor homes, as well as fifth wheels and other types of trailers, receive protection under State and federal warranty laws. If you are tired of dealing with you defective RV or Motor Home please make a submission on our Free Case Review page and we will contact you to discuss your RV/Motor Home case.The summary of the law provided is meant for informational and educational purposes and does not constitute legal advice. Please contact Consumer Rights Protection Center for additional pertinent information and details about your rights.
Definitions and exclusions
- Unless the context dictates otherwise, the following will be used in this article:
- A person who purchases a motor vehicle for purposes other than resale, 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 who is entitled by the terms of the warranty to enforce the warranties obligations
- A self-propelled vehicle designed primarily for the transportation of persons or property over public highways
- And a self-propelled vehicle designed
- For motor homes, the requirements of this article apply to the self-propelled vehicle and chassis, but do not apply to the sections of the vehicle that are designed, operated, or maintained principally as a mobile dwelling, office, or commercial space. Unless otherwise specified, the provisions of this article do not apply to motor vehicles with a stated gross weight in excess of ten thousand pounds.
Arizona Lemon Law 44-1262.
Repairs throughout the express warranty period, which is two years or twenty-four thousand miles for new vehicles.
- If a new motor vehicle does not comply with the relevant express guarantees, the following may occur:
- During the shorter of the following periods, a customer must notify the nonconformity to the manufacturer, its agent, or its authorized dealer or to the issuer of a warranty:
- The length of time that the explicit guarantee is valid
- After two years or twenty-four thousand miles have elapsed from the initial delivery of the motor vehicle to the consumer, whichever comes first, the vehicle is considered to be out of warranty.
- Manufacturer, its agent, its authorized dealer, or the issuer of a warranty is responsible for making those repairs that are necessary to bring the motor vehicle into compliance with such express warranties, even if the repairs are made after the term, the two-year period, or the twenty-four thousand mile limit has expired.
- Unless specifically stated otherwise, this section does not restrict in any manner the remedies available to a customer under a new motor vehicle warranty that goes beyond the limits established in this section.
Arizona Lemon Law 44-1263.
Inability to bring a motor vehicle into compliance with the express warranty; replacement of the vehicle or refund of cash; defenses that are positive
- Upon failure by the manufacturer, its agents or its authorized dealers to conform the motor vehicle to any applicable express warranty by repairing or correcting any defect or condition that substantially impairs the use and value of the motor vehicle to the consumer after a reasonable number of attempts, the manufacturer shall either replace the motor vehicle with a new motor vehicle or accept the return of the motor vehicle from the consumer and refund to the consumer all amounts paid by the consumer for that motor vehicle. The manufacturer is responsible for issuing reimbursements to consumers and lienholders, if any, in the order in which 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 due to repair
- It is an affirmative defense to any claim under this article that either of the following is true:
- When an alleged nonconformity does not materially affect the use or market value of a motor vehicle, the claim is upheld. a nonconformity is the consequence of abuse, negligence, or unapproved changes or adjustments to the automobile
- A nonconformity is defined as follows:
Arizona Lemon Law 44-1264.
Presumption that a reasonable number of attempts have been made to bring a motor vehicle into compliance with the express warranty
- If one of the following conditions is met, it is believed that a reasonable number of attempts have been made to bring a motor vehicle into compliance with the applicable express warranties:
- It has been determined that the same nonconformity has been subjected to four or more repairs by the manufacturer, its agents, or authorized dealers during the shorter of two years or twenty-four thousand miles following the date of original delivery to the consumer, whichever is the earlier, but the nonconformity continues to exist
- And It is determined that the motor vehicle has been out of operation for a total of thirty or more calendar days as a result of a repair within the shorter of the express warranty term, the two-year period, or twenty-four thousand miles, whichever comes first
- In the event of a war, invasion, strike, fire, flood, or other natural catastrophe, the express warranty, the two-year period, and the thirty-day period are all extended by the amount of time that the customer is unable to get repair services due to the event. Unless a manufacturer has received previous direct written information from or on behalf of the consumer of the claimed fault and has had a chance to fix the alleged flaw, the presumption stipulated in this section does not apply to that manufacturer.
Arizona Lemon Law 44-1265.
There are no restrictions on your rights, and no refund or replacement is needed if certain processes are not followed. attorney’s fees and costs
- When a manufacturer has established or participates in an informal dispute settlement procedure that is in full compliance 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 the informal dispute settlement procedure
- And To file a claim under this article, the customer must do so before six months of the end of the express warranty period or two years or twenty-four thousand miles after the date of initial sale of the motor vehicle, whichever occurs first. Upon successful completion of an action brought under this article, the court shall award reasonable costs and attorney fees to the consumer
Arizona Lemon Law 44-1266.
Dealers and prospective buyers are hereby notified.
- 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 must attach to the motor vehicle a written notification indicating that the motor vehicle has been replaced or repurchased before offering the motor vehicle for resale. An actionable claim against a person who removes a written notification from a motor vehicle may be brought by a consumer, except as stated in paragraph B of this section. When selling a vehicle that has been replaced or repurchased under the provisions of this article or the repair or replace laws of another state, a motor vehicle dealer, broker, wholesale motor vehicle dealer, or wholesale motor vehicle auction dealer, as defined in section 28-4301, is required to provide the purchaser with a manufacturer’s written notification indicating that the vehicle has been replaced or repurchased before completion of the sale.
When a product costs more than $25 and comes with an express written guarantee, the customer is protected by the Magnuson-Moss Warranty Act, which is a Federal law. A product that does not function as expected under the terms of this legislation is subject to this law. Your automobile is a significant financial commitment that is justified by the peace of mind that comes with knowing that it will perform as expected in terms of reliability and safety. Therefore, regardless of the specific make and model you purchased, you have a right to expect a car that has been properly manufactured and regulated to offer fairly safe, trouble-free, and dependable transportation.
- Although a single fault is not actionable, repeated defects are, because there is a commonly recognized rule that the warranty provider is accountable if unsuccessful repair attempts are made by the customer.
- The logic for these fundamental principles is straightforward: once your confidence in the car is shattered, the vehicle loses its true worth to you and becomes an instrument whose integrity has been compromised and whose operation is plagued with uncertainty and danger.
- As you are well aware, from your warrantor’s perspective, there is no such thing as enough, and you should just continue to get your defective car serviced — time and time again.
- As a result, you have the right to anticipate that your car will be fixed within a reasonable amount of time.
- According to the Magnuson-Moss Warranty Act, a warrantor is required to provide acceptable repairs in at least two, and preferably three, attempts to fix a specific problem under warranty.
- However, although the majority of state Lemon Laws differ, each unique statute generally requires a warrantor to correct a specific issue within four to five attempts or to repair the car as a whole within thirty days.
This reasonable number of attempts/reasonable opportunity standard, whether under the Magnuson Moss Warranty Act or under the Lemon Law, is analogous to strict liability in that once this threshold has been met, the continued existence of a defect is irrelevant and you are still entitled to relief under the applicable law.
- According to this section of the law, if you are successful in your lawsuit, you will be entitled to collect your legal fees, regardless of how much money you get in compensation for your services.
- The majority of Lemon Laws feature fee shifting clauses that are comparable to this.
- Marshall Meyers, an attorney, has given the narrative material about Magnuson-Moss, Uniform Commercial Code, and Arizona lemon laws on these pages.
- It serves as the fundamental source of law in all transactions involving the sale of goods or services.
- WHEN IT COMES TO TENDERING – The tender requirements of the Uniform Commercial Code, found in Section2-601, establish that the buyer has the right to reject any goods that are not in any way consistent with the terms of the contract.
- As a result, the customer has no way of knowing if the items are in fact compliant.
- Within the first few miles of driving his new automobile, a new car buyer may realize that there is an issue with the vehicle he just purchased.
A new automobile buyer may reject a vehicle if he or she discovers a flaw in it within a reasonable amount of time after receiving it and inspecting it.
On the one hand, the buyer must be allowed a reasonable amount of time to inspect the car, and the buyer’s acceptance of the vehicle will be seen to be contingent on the buyer’s reasonable time to inspect the vehicle.
Zabriskie purchased a brand new 1966 Chevrolet Biscayne from a dealership.
Following that, the automobile would only be able to drive in low gear.
He claimed that because he had driven around the block and had an opportunity to inspect the vehicle, the buyer was unable to reject the vehicle.
According to the New Jersey Supreme Court, “the sophisticated systems of today’s car are a complete mystery to the average person.” It is almost certainly impossible and very impractical to have the automobile inspected by someone with adequate competence to disassemble the vehicle in order to detect latent flaws before the contract is signed.
- In order to determine whether the car is as described and whether the customer is getting what he bargained for, the buyer should take advantage of his first reasonable chance to enjoy his new vehicle.
- Zabriskie Chevrolet, Inc.
- Smith, 240 A.
- After the consumer has had the new automobile for an extended amount of time, what happens is called a “revocation.” This is a classic example of a lemon vehicle.
- Of course, the ordinary new car customer does not become aware of the nonconformity until after the vehicle has traveled hundreds of thousands of miles.
What is a nonconformity that has a significant negative impact on the value of the vehicle?
- A nonconformity may be comprised of a series of very minor problems that, when added together, result in a significant deficiency in performance. Shake Faith is a doctrine initially expressed in the Zabrisikie case, and it is still in use today. “For the vast majority of individuals, purchasing a new automobile is a significant financial commitment that is justified by the piece of mind that comes with knowing that the vehicle is dependable and safe. The car loses not just its genuine worth in their views, but it also becomes an instrument whose integrity has been significantly compromised and whose use is laden with fear once their confidence in it has been shattered.” A failure or reluctance to repair the products under the warranty is an example of a serious nonconformity of the items. The Minnesota Court of Appeals held in Durfee v. Rod Baxter Imports that a Saab owner who was plagued by a series of annoying minor defects and stalling, which were never repaired despite numerous attempts, could revoke, “if repairs are not successfully undertaken within a reasonable time,” the consumer may elect to revoke
- Considerable Non Conformity and Lemon Laws are two terms that are frequently used to describe what may be deemed a substantial impairment. These definitions have been used effectively to flesh out the considerable impairment in the Uniform Commercial Code
T. Michael Flinn, an attorney, has supplied further narrative material about Magnusson-Moss, the Uniform Commercial Code, and the Arizona lemon law on these pages.
Arizona Lemon Laws
Ah, the delight and excitement of becoming the proud owner of a new vehicle (or new to you car). The independence, the wide road, and the fragrance of a new automobile are all beautiful things. That is, until your new automobile begins to exhibit the characteristics of an old car. When your automobile breaks down, it can be really frustrating, but what can you do about it? Fortunately, most states, including Arizona, have rules in place governing automobiles that appear to have irreparable faults.
State Lemon Laws
“Lemon” refers to a car that has an ongoing problem or fault, which the dealer has been unable to repair despite several attempts by the dealer to do so. As a result, lemon laws provide safeguards for customers who could otherwise be stuck with a car that is unusable or has other problems. If a dealer is unable to correct a severe fault with a car within one year, the consumer has the right to have the vehicle replaced or reimbursed under Arizona lemon laws.
Lemon Laws in Arizona
In the following table, you may learn more about Arizona’s lemon legislation.
|Code Section||44-1261, et seq.|
|Title of Act||Motor Vehicle Warranties|
|Definition of Defects||Nonconformity to applicable express warranties of any defect/condition which substantially impairs use and value of motor vehicle|
|Time Limit for Manufacturer Repair||Time period of express warranty or the period of 2 yrs. or 24,000 miles, whichever is earlier|
|Remedies||Replacement with new motor vehicle or refund to consumer of full purchase price including all collateral charges, less a reasonable allowance for consumer’s use of vehicle; maximum liability of seller is purchase price|
While each state’s lemon legislation is unique, there are some basic rules you may follow when determining whether or not your automobile qualifies as a “lemon.” These factors include:
- The car must have a significant flaw that manifests itself within a certain period of time after purchase
- The problem must be covered by the warranty
- And the vehicle must continue to exhibit the defect even after a reasonable number of repairs.
Prospective automobile purchasers should be aware that most lemon laws only apply to new vehicle sales and leases, not used vehicle purchases and leases. Arizona law, on the other hand, provides an implied 15-day or 500-mile warranty protection for used automobiles as well as new ones.
Related Resources for Lemon Laws
It might be difficult to determine whether or not you have a lemon on your hands. If you wish to conduct your own legal study, you may begin by visiting FindLaw’s lemon lawsection, which has further information and resources. Depending on the facts of your situation, you may also wish to speak with an experiencedlemon law attorney in Arizona.
What Is Covered Under Arizona’s Car ‘Lemon Law’
The “lemon laws” of Arizona should be familiarized by Arizona citizens prior to making a car purchase in order to avoid being scammed. These regulations govern the selling of automobiles in the state, and they apply to both old and new vehicles. Lemon is a common term used to describe an automobile that appears to be in great working order at the time of purchase, but that contains hidden issues or components that have been temporarily repaired, which cause difficulties within a few days or weeks.
In these cases, buyers are protected under lemon law.
What Do Lemon Laws Cover?
According to Arizona lemon regulations, only newly purchased automobiles are eligible for full protection. Those who acquire cars and find them to be in “nonconformance with express warranties” can return them to the place of purchase during the first two years of ownership, or for as long as the manufacturer’s guarantee lasts or for as many miles as they have traveled, whichever is sooner. The seller will be responsible for making the required repairs in order to guarantee that the vehicle complies with the express warranty.
Example: If someone buys a new automobile at full price and then transfers the title to another person, the new title owner may still be able to submit a complaint under Arizona’s car lemon laws if the vehicle does not fulfill the explicit warranties.
Dealer and Manufacturer Obligations
The state of Arizona’s lemon legislation allows dealers to make a “reasonable number of tries” to repair a lemon automobile before it is considered a total loss. The legislation defines “reasonable” as follows:
- Up to four store visits are permitted, or a total of 30 days in the shop is permitted.
If the dealer is unable to restore the vehicle to a satisfactory state within this time frame, the buyer may be entitled to a new vehicle or a refund of the purchase price, less any expenses associated with the time the driver successfully utilized the vehicle during the period in question. If the dealer is unable to effectively repair the car, the manufacturer will be held responsible for the vehicle. The manufacturer must then either repurchase the car or give the customer with a replacement vehicle.
If the new car is of lower value than the original vehicle, the manufacturer is required to return the difference to the customer.
Keeping copies of all documents and notices is also a good idea for the buyer in case there are any legal problems down the line.
- The driver failed to submit notification in a reasonable amount of time
- Did not operate the vehicle correctly
- Or in any other way contributed to the vehicle’s condition of deterioration
Used Vehicle Coverage
Used automobile purchasers in Arizona are afforded far less protection under the state’s lemon legislation. Any used automobile is expected to have problems, according to the reasoning behind this. Furthermore, some of these difficulties may not manifest themselves until the vehicle is in the possession of a new or different driver. When it comes to secondhand automobiles in Arizona, the law gives protection for 15 days or 500 miles of travel, whichever comes first. If the automobile breaks down within this period, the buyer may be required to cover the cost of the first two necessary repairs, up to a maximum of $25.
Tips on Avoiding Lemons
However, it is vital to understand that Arizona lemon rules are subject to interpretation and that vehicle repairs can be time-consuming. If at all feasible, it’s preferable to avoid the headache of repairing or replacing a lemon completely. If you intend to acquire a new automobile, be certain that you are aware of the explicit warranties that are included with the purchase. If you choose to acquire a pre-owned vehicle, make sure you visit a reputable used car dealer in Arizona. Red Mountain Funding provides funding for vehicle loans to people who want to buy a car in Arizona.
It is our goal to assist folks with low income or bad credit in obtaining automobile finance in order to get them back on the road.
There is no complicated or time-consuming loan approval procedure with us, and our attitude is to be honest and upfront in all of our business interactions. Today is the day to submit an application for financing!
Arizona Lemon Law Information: Used & New Cars
Purchasing a new automobile is a significant financial commitment. Furthermore, it is a time of elation and happiness. You have newfound freedoms, as well as the fresh fragrance of a new automobile and everything in between. When you get a new automobile, everything goes well. That is, of course, unless something goes wrong with the system. When your brand-new car has old faults, your initial pleasure quickly fades to sadness. The good news is that you have options when it comes to your lemon of a car.
Here’s a basic overview of the state of Arizona’s lemon laws.
What Are Lemon laws?
A lemon is a brand-new car that has repeating faults or flaws that the dealer was unable to remedy. Consumers are protected from purchasing these problematic, unusable autos under these types of laws. The majority of states, as well as the federal government, have their own lemon laws. In most cases, if the dealer is unable to remedy your lemon within a year, they must refund or replace your vehicle.
The Arizona Lemon Law
The regulations may be found in Sections 44-1261 through 44-1267 of the Arizona Revised Statutes, which are available online. It stipulates that your dealer is responsible for ensuring that your new car complies with any relevant expresswarranties that they promote, without exception, before releasing it. This covers warranties provided by both the manufacturer and an authorized dealer. If the dealer does not finish the task of bringing the car into compliance within a reasonable amount of time, they are in violation of the law.
The Lemon Law is also available in two different variants.
The second category is for previously owned items.
New Car Lemon law
The majority of the requirements of the law apply to new automobiles with full warranties. Consider reading these clauses, filing a complaint with the Better Business Bureau Auto Line Program and consulting with an attorney if you believe your new vehicle is a lemon. In addition, you should notify the vehicle’s manufacturer of the problem. In any case, your lemon protection begins as soon as the dealer delivers your new vehicle to you and continues for the duration of the manufacturer’s warranty, which is two years or 24,000 miles, whichever comes first, or for the remainder of the manufacturer’s warranty period.
You have a lemon if the faults with your new car significantly hinder its ability to be used and appreciated to the extent that the manufacturer communicates this in its warranty.
Please give the dealer sufficient time to execute the repairs.
If your vehicle has been out of operation for more than 30 cumulative calendar days, you may be able to forgo these efforts.
If the manufacturer or dealer is unable to resolve the faults within these four efforts, they must accept the vehicle’s return for a full refund or offer you with a new vehicle of equal or greater value.
Used Car Lemon Law
You may still take advantage of the law’s safeguards if you buy a secondhand automobile. Only a 15-day or 500-mile coverage period must be endured in order to qualify. In addition, you may be required to pay up to $25 for the first two repairs. If the car turns out to be a lemon after all of this, you will only receive compensation up to the amount you paid for it.
What Vehicles are Covered?
The regulation only applies to cars that have been purchased recently, regardless of whether they are old or new. Motor homes are subject to some of the same requirements as other vehicles, but solely when it comes to the vehicle itself and its chassis. In the case of a mobile house, it will not provide any protection for the living quarters. Furthermore, if your car weighs more than 10,000 pounds or if you purchased it at a public auction, the Arizona Lemon Law will not protect you.
How to Protect Yourself from Buying a Lemon
While the intricacies of Arizona’s lemon legislation are basic, you should always proceed with care if you believe you have a lemon on your hands. It is recommended that you begin by keeping all documentation pertaining to the car, including the bill of sale, all repair invoices, and any relevant warranties. You should also make a record of and maintain copies of any communications you have with the dealer and/or manufacturer over the course of your business. When you go to court, you will be expected to produce these papers in order to support your case.
Hire a Lemon Law Attorney
Once you have determined that you have a lemon, you should consult with an attorney who specializes in lemon law. Even if the law is straightforward, it is never a good idea to go into a legal struggle with a large organization on your own alone. Lemon law attorneys in Arizona are well-versed in their clients’ rights and will know what evidence to provide in order to win your case. They will also know how to obtain you the right recompense you need if you have been injured. Your lemon law attorney will provide you with the following:
- The ability to negotiate with the manufacturer in order to get your problem resolved
- Understanding of the law and how its numerous components influence your life
- Advice about what you should do to go forward that you can rely on
In many circumstances, you will not be required to pay for the services of an attorney. If you win your lawsuit, the manufacturer is required to reimburse you for your legal expenses. There are no valid reasons for you not to have one in your corner. You should follow the processes we’ve outlined above in order to make a rational decision, hire an attorney, and prepare enough so that your outcome is as favorable as possible. Do you like this page? Use one of the options listed below to link to it.
AZLawHelp.org – Arizona Law Help
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How does the lemon law work in Arizona?
Where can I find out more about how the lemon law works in Arizona?
How does the lemon law work in Arizona?
Do you think you’ve got a lemon on your hands? Learn about the Arizona Lemon Law and what you can do to get that lemon out of your life by reading this guideline. Unfortunately, automobiles are not like clothing or small appliances in that they cannot be returned easily if there is a problem with them once they have been purchased. You are protected, though, according to the Lemon Law of California. Arizona, like all other states, has established a Lemon Law to safeguard automobile customers who are stuck with a damaged vehicle after they have purchased the vehicle.
- Goodman is an experienced litigator of Lemon Law matters.
- Michael not only handles vehicle and truck cases, but he also works with RV, ATV, UTV, and boat claims, which are the sorts of cases that most other firms would not take on because they are too difficult to prove.
- These two sets of legislation work together to assure that if you purchase a lemon vehicle, you will be eligible for a complete refund, a new vehicle, or financial recompense for your trouble.
- If your car does not qualify for a refund under the Arizona Lemon Law, you may be able to pursue alternative avenues to reimburse you for your loss.
As an experienced attorney, Michael Goodman understands the complexity of the numerous alternatives available to you, and he can advise you on the most effective road to an acceptable settlement of your problem.
What Vehicles Does the Arizona Lemon Law Cover?
The Lemon Law in Arizona protects consumers who purchase new vehicles in the state, including cars, vans, SUVs, motorbikes, and trucks, as long as they are purchased in Arizona. It also includes the cab, engine, and chassis of modern motorhome recreational vehicles (RVs). In addition, pre-owned automobiles that are sold within two years or 24,000 miles of the vehicle’s express warranty are covered. Some automobiles are exempt from the Lemon Law, such as those that weigh more than 10,000 pounds or those that were acquired at a public auction.
- Not in accordance with the manufacturer’s specified warranty terms
- A flaw exists in the subject vehicle that significantly limits its ability to be used or its worth
- It has suffered from mechanical faults within the time range of the manufacturer’s express warranty, which means that the automobile encountered mechanical difficulties during the first two years or 24,000 miles, whichever comes first
- When a vehicle is in the repair shop for a cumulative total of more than 30 days due of the same problem, Has returned to the store four times for the same problem, and the problem has not been resolved
- After the dealer has been given permission to repair the vehicle four times, the manufacturing firm has been notified and has been given the opportunity to fix the vehicle.
Do Used Cars Fall under the Lemon Law?
Second-hand automobile buyers are afforded substantially less protection than new car buyers. If a car is purchased inside the Lemon Law timeframe from the date of purchase, it will continue to be covered by the Lemon Law protection (the date the original owner took delivery). The Lemon Law only protects a used car purchased after the original warranty has ended for the first 15 days or 500 miles following the purchase date. It is common for used automobiles to have concealed problems or damage that only becomes apparent after the car has been sold to a new owner.
After then, if the fault continues, you are entitled to a full refund for the automobile that you purchased.
File a Lemon Law Claim and Hire an Attorney
According to the legislation, as soon as you discover that you have a lemon automobile, you must write a demand letter to the dealer or manufacturer and file a lemon claim with the state attorney general. A detailed description of the attempted repairs and other activities taken to fix the situation must be included in the letter. When the manufacturer answers, you should attempt to reach an out-of-court settlement as soon as possible. If you are unable to come to an arrangement with the manufacturer, your only remaining alternative is to file a case in court against the company.
- Hiring an attorney sends a clear signal to the seller or manufacturer that you are serious about obtaining justice and are willing to go to any length to achieve it.
- Goodman is your best option when it comes to finding legal representation.
- Do you have a lemon on your hands?
- Allow Michael J.
- The information Mike needs from you, such as repair records, will be collected by Mike, and he will create a demand letter to the manufacturer on your behalf.
- If that is the case, Mike is willing to go the distance, even to the point of going to court.
Mike is able to resolve the majority of cases in 30 to 90 days. Mike will never get a single penny from you. According to the legislation, the maker is responsible for paying all costs. Mike is only compensated if and when your lawsuit is resolved.
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You must notify the dealer or manufacturer of your discovery of a lemon automobile within seven days of discovering it. You must also file a lemon claim with the state. Repair attempts and any steps taken to correct the problem must be documented in full in the letter. c) When the manufacturer answers, you should attempt to reach an out-of-court settlement. A lawsuit in court may be your only recourse if you are unable to reach an arrangement with the company. To ensure competent and knowledgeable assistance during this procedure, having an attorney on your side is absolutely critical.
If you live in Arizona and need legal assistance, the Law Office of Michael J.
Most Lemon Law matters are resolved out of court by Michael, who relieves his clients of the majority of the burden.
There is no need to be concerned or spend your time.
Goodman will take care of your legal matters.
A company’s position is usually determined after the first round of talks has been completed.
In most circumstances, Mike can resolve the situation in thirty to ninety days.
Generally speaking, the maker is responsible for all fees.