Buying a new car can end up being a frustrating experience when you are unlucky enough to be hit with one that has ongoing manufacturing issues. If you feel like you are dealing with a new car that has wound up being a lemon you have the right to take legal action through the Lemon Law statute in Arizona.
Does Arizona Have a Lemon Law?
Many Arizonans are unaware of the fact that the state has a Lemon Law statute. The purpose of the law is to protect the new car buyer from any mechanical issues that are the result of poor manufacturing. These manufacturing issues can make your new car both unreliable and unsafe. We encourage you to take a closer look at the Lemon Law in the state of Arizona to see if your vehicle meets the legal definition of a lemon.
What is Lemon Law in Arizona?
Arizona Lemon Law
Arizona Revised Statutes § 44-1261 to 44-1265
44-1261 . Definitions; exemptions
- In this article, unless the context otherwise requires:
- “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.
- “Motor vehicle” means a self-propelled vehicle designated primarily for the transportation of persons or property over the public highways.
- 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.
- 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
- If a new motor vehicle does not conform to all applicable express warranties:
- 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.
- 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.
- 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
- 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.
- It is an affirmative defense to any claim under this article that either:
- An alleged nonconformity does not substantially impair the use and market value of the motor vehicle.
- 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
- It is presumed that a reasonable number of attempts have been undertaken to conform a motor vehicle to the applicable express warranties if either:
- 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.
- 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.
- 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.
- 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
- 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.
- 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 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.
- 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.
- 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.
When does a vehicle qualify as a Lemon in Arizona?
In order to make the best determination as to whether or not your vehicle can be defined as a lemon you need to familiarize yourself with the state statute. Within the state statute you will find the specific legal definition of a lemon outlined in detail. It is well worth your time to read over the Lemon Law in Arizona in order to be fully aware of your rights as a consumer.
We understand that reading the law and fully comprehending the law can be two very different things. After you have gained a basic understanding of what the law says we invite you to consult with our expert team of attorneys who are ready to help you implement the law in your situation. Our highly qualified team of Lemon Law attorneys have become very familiar with how to best approach Lemon Law cases because we have extensive experience legally representing auto manufacturing companies.
You can choose to reach out to us directly to schedule a consultation by calling 888-353-0456 or you can fill out your contact information on our website and we will get in touch with you. Rest assured that we are here to help all Arizonans who have been stuck with a lemon.
Is a used car covered under Arizona Lemon Law?
The Lemon Law was enacted to protect new car buyers which means if you are experiencing mechanical problems with a used car you do not have much in the way of legal protection through the Lemon Law. There is an exception to this rule when it comes to the terms on any written warranty that came along with the investment you made into a used vehicle. Check over your warranty carefully to be sure that your used vehicle still qualifies for protection. The fact of the matter is that state statutes on this may change and we can help determine how the most current state Lemon Law statute applies to your case.
When do I need an Arizona based Lemon Law Attorney?
As soon as you feel like you have a viable Lemon Law case we encourage you to schedule a consultation with our expert Lemon Law team. Our team understands the intricacies involved in the Lemon Law legal process. In the state of Arizona, we provide all the legal support you need to get your Lemon Law case processed as quickly and efficiently as possible. Once you place your trust in our qualified attorneys we make sure you fully understand your legal rights and what it will take to build a winning case. Even if you are not certain whether or not now is the right time to invest in the aid of a legal team we want to consult with you to help you make that determination.
How do Lemon Law Attorneys in Arizona protect my rights?
Our lawyers make it a priority to bring you expert consultation along with clear and concise communication. You will not have to wait around wondering if things have been filed correctly or what the next steps are in your case. Having the right experience on your side allows you access your legal rights while taking legal aim at the auto manufacturing company. No individual is qualified to stand up against the large auto manufacturing companies who come to the table armed with a legal team of their own.
You need a team with extensive knowledge when it comes to Arizona Lemon Law. We know what it takes to professionally represent and support your case throughout the length of your Lemon Law case. Our attorneys employ specialized tactics in order to address the specific needs of your Arizona Lemon Law case. Even if we sit down to consult with you and determine that we cannot represent your case, we will still provide you with the best possible guidance as to how to resolve the issue.
How long do Lemon Law cases in Arizona typically take to get resolved?
When it comes to trying any legal case, there is not a definite timeline. The best we can do for you is clearly map out the entire process with estimated timeline for each step of your Lemon Law case.
We make it a top priority to consult directly with you all throughout the process. We understand that clear communication puts your mind at ease and re-establishes the confidence you have put in our team.
Since we have so much experience, we can promise you that your Arizona Lemon Law case will be process in a way that is timely and professional. We encourage our clients to ask any questions they have about the process and provide as much detailed information as possible in order to keep things moving forward. With that in mind it can take up to several months before an Arizona Lemon Law case is completely resolved.
How much will an Arizona Lemon Attorney cost to hire?
The exciting part for you as the consumer is that, according to the Arizona Lemon Law statute, the auto manufacturing company will be held responsible for all legal expenses. What this means is that you will not be charged as an individual for the legal fees involved with fighting your Lemon Law case.
What are some of the areas that that Lemon Law Lawyers in Arizona cover?
Now that you are ready to consult with the experts in Arizona Lemon law we invite you to take a look at the local cities where we provide services. Contact us even if you don’t see the name of your city listed. We are sure to have a location close to you since we provide legal services all across the state of Arizona. The following is just a sampling of the cities we cover across the state.
- Lake Havasu
- Casa Grande
- Sierra Vista
- Oro Valley
- Apache Junction
- El Mirage
- Queen Creek
- San Luis
- Fountain Hills
Trust us when we say that you don’t want to face the giant auto manufacturing companies without expert legal representation. It’s time to get passed the problem you are having with the lemon you are driving by working to resolve the matter legally today. Contact our team today with any of your Arizona Lemon Law questions and we will be glad to provide the answers you need.