Understanding Arizona's Lemon Law: Private Sales Included?

Arizona's Lemon Law protects buyers of new cars that turn out to be defective and cannot be repaired within a reasonable timeframe. The law also covers used cars, but with different specifications. In the case of a new car, the manufacturer or its authorised dealer must make the necessary repairs to conform the vehicle to its express warranties. If the vehicle is not repaired within a reasonable timeframe, the buyer is entitled to a replacement vehicle or a refund of the purchase price. Used car buyers have less protection under the law because used cars are known for having mechanical issues, and some issues may only emerge after the car has changed ownership. Protection is provided for 15 days or 500 miles of travel, whichever comes first. If the dealer fails to repair the vehicle after two attempts, the buyer is entitled to a refund of the purchase price. Lemon Law protection does not apply to used private purchases or vehicles sold at a public auction, or that have a declared weight over 10,000 pounds.

What constitutes a lemon?

In Arizona, a "lemon" is a car that appears perfectly fine at the time of purchase but has hidden issues or substandard fixes and parts that cause car problems soon after purchase.

The mechanical issue must be major, such as problems with the brakes, engine, or transmission, or the vehicle shutting off randomly, and it must impair the use and value of the vehicle. It cannot be a minor issue.

To be considered a lemon, the car must also have a history of unreasonable repairs. This could include four or more visits to the dealer for the same problem, over 30 days in the shop for repairs (not necessarily for the same problem), or an excessive number of repairs.

Additionally, mechanical failures must occur within the first two years or 24,000 miles of ownership and be reported within six months of the expiration of this period.

It is important to note that lemon laws vary by state and may not apply to private sales or used cars in the same way as new car purchases.

What are the qualifiers for full protection under the lemon law?

To receive full protection under the Arizona Lemon Law, there are several qualifiers that must be met.

Firstly, the mechanical issue must impair the use and value of the vehicle and cannot be minor. It must be a major component related to the brakes, engine, or transmission, or the vehicle shutting off randomly.

Secondly, a reasonable amount of time must be given for repair. This is considered to be four or more visits to the dealer for the same problem, or over 30 days in the shop for repairs—not necessarily for the same problem. Alternatively, the vehicle must have an unreasonable repair history.

Thirdly, mechanical failures must occur within the first two years or 24,000 miles of ownership and be filed within six months of the expiration of the warranty.

If these qualifiers are met, the Arizona Lemon Law states that the manufacturer must replace the vehicle with a comparable new vehicle or accept the return of the vehicle and refund the full purchase price, including all collateral charges, less a reasonable allowance for the consumer's use of the vehicle.

What are your entitlements under the lemon law?

Arizona's Lemon Law provides entitlements to consumers who have purchased a new or used vehicle that turns out to be defective. The law applies to both new and used vehicles, though there are some differences in the protections offered.

New Vehicles

If you have purchased a new vehicle that does not conform to all applicable express warranties, you are entitled to have the manufacturer or its authorised dealer make the necessary repairs to conform the vehicle to its express warranties. If, after a reasonable number of attempts or repair time, the vehicle still does not conform to the warranty, the manufacturer must either:

• Replace the vehicle with a comparable new vehicle
• Accept the return of the vehicle and refund the full purchase price, less a reasonable allowance for the consumer's use of the vehicle

Used Vehicles

If you have purchased a used vehicle that breaks down within 15 days or 500 miles of travel, whichever comes first, you may need to pay up to $25 for the first two repairs. If the dealer fails to repair the vehicle after two attempts, you are entitled to a refund of the purchase price.

General Entitlements

Regardless of whether you purchased a new or used vehicle, you are entitled to recover attorneys' fees if you prevail in your Lemon Law claim. Additionally, you may be able to negotiate a cash compensation settlement, along with full payment of attorneys' fees, if you prefer to keep your vehicle.

What are the dealer's obligations?

Arizona law requires that dealers make a "reasonable number of attempts" to repair a vehicle. This is defined as up to four shop visits or a cumulative total of 30 days in the shop. Dealers must perform all necessary repairs to ensure the vehicle meets the details of the express warranty. If the dealer is unsuccessful in repairing the vehicle within the time allotted, the buyer is entitled to receive a replacement vehicle or a refund of the purchase price, less any fees for the time the driver was able to use the vehicle without problems.

The dealer must also provide written notification that a vehicle has been replaced or repurchased, and this must be attached to the motor vehicle. This is to ensure that if the vehicle is resold, the new owner is aware of its defects.

Additionally, dealers must provide a used vehicle's title to the buyer before attempting to sell it. The title must be in the seller's name.

What are the differences in protection for new and used cars?

Arizona's Lemon Law provides protection for both new and used cars, but there are some differences.

New Cars

The Arizona Lemon Law applies to new cars that have defects, non-conformities, or conditions that do not conform to all applicable express warranties. The law states that the manufacturer or its authorized repairing dealership must make the necessary repairs to conform the vehicle to its express warranties. If the vehicle is not repaired within a reasonable number of repair attempts or time, and the problems experienced substantially impair the car's use and value, then the Arizona Lemon Law protections come into effect.

The law covers the first 2 years or 24,000 miles of ownership, whichever comes first. Vehicle owners can return their vehicle to the place of purchase within this period, and the seller must perform all necessary repairs to ensure the vehicle meets the express warranties. If the dealer is unable to repair the vehicle within a reasonable number of attempts or time, the buyer is entitled to receive a replacement vehicle or a refund of the purchase price, less any fees for the period the driver was able to use the vehicle without problems.

Used Cars

Used car buyers have less protection under the Arizona Lemon Law because used cars are often known for having mechanical issues. The law provides protection for 15 days or 500 miles of travel, whichever comes first. If the car breaks down during this period, the buyer may need to pay up to $25 for the first two needed repairs. If the dealer fails to repair the vehicle after two attempts, the buyer is entitled to a refund of the purchase price.

It is important to note that the Arizona Lemon Law does not apply to used private purchases or vehicles sold at a public auction, or that have a declared weight over 10,000 pounds.

Frequently asked questions