Gavin Howe
Arizona's Lemon Law protects consumers who have purchased a defective vehicle. The law applies to both new and used vehicles, as long as they are not intended for resale, and weigh less than 10,000 lbs. If your vehicle has a defect that continues to exist after a reasonable number of repair attempts, you may be entitled to a refund or a replacement vehicle. The first step is to notice a defect and bring it to the attention of the manufacturer or an authorized dealer for repair. If the manufacturer fails to repair the defect, you may pursue compensation. It is in your best interest to contact an attorney as soon as possible, as they can help you gather evidence and navigate the specific requirements and regulations of the law.
| Characteristics | Values |
|---|---|
| First step | Noticing a defect and bringing it to the manufacturer or one of its authorized dealers for repair |
| Subsequent steps | Contacting an attorney, gathering evidence, arbitration, filing a lawsuit |
| Applicable to | Cars, SUVs, trucks, motorcycles, motor homes, and other “street legal” motor vehicles |
| Not applicable to | Vehicles with a declared gross weight over 10,000 pounds, vehicles sold for the sole purpose of resale, vehicles purchased at public auctions |
| Warranty period | Two years or 24,000 miles |
| Reasonable number of repair attempts | 3-4 repair attempts for the same problem, 6 repairs total on the vehicle, or 30 days out of service by reason of repair |
| Time limit for repair attempts | 12, 18, or 24 months after the original purchase date |
| Statute of limitations | Four years after the warranty was breached |
| Arbitration | An informal resolution process where an arbitration panel reviews evidence from both sides and issues a ruling |
| Attorney fees | Paid by the manufacturer when the consumer wins the case |
What You'll Learn
What is a 'lemon' car?
A "lemon car" is a term for a car with a significant defect or malfunction that makes it unsafe to drive. Examples of issues that would qualify a car as a lemon include non-working or faulty brakes, engines, transmission, or lights.
The exact definition of a lemon car can vary from state to state, but generally, if you buy a new car and there have been three or four failed attempts to solve an issue, you can force the manufacturer to buy back the car. In some states, the vehicle's title will be branded as a "buyback" to prevent it from being resold to an unsuspecting buyer.
In addition to the number of repair attempts, many states also consider the number of days a car is out of service when determining if a car is a lemon. For example, in California, a car can be deemed a lemon if it spends more than 30 non-consecutive days at the dealership during the warranty period for an issue that affects safety or drivability.
Lemon laws also apply to used cars in some states, although this is relatively recent. These laws typically require a certain number of repair attempts or days out of service within a specified time frame to qualify as a lemon.
It's important to note that very few states offer legal protection for buying a lemon car once the warranty has expired. Therefore, it's always a good idea to do careful research and get a mechanical inspection before purchasing a used car.
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What to do if you think you have a 'lemon' car?
If you think you have a lemon car, the first step is to determine whether your vehicle qualifies as a lemon under the lemon laws in your state. Lemon laws vary by state, but generally, a lemon car is considered to have a substantial defect that the automaker cannot fix within a reasonable amount of time.
The next step is to gather all the necessary documentation, including repair records, dates when issues with the car arose, and any correspondence with the manufacturer or dealer. Keeping detailed records is crucial as it will strengthen your case if you need to go to court.
Once you have the necessary documentation, contact the manufacturer in writing, outlining your claim and requesting a refund or replacement. You can find template letters online to help you draft your letter. If the manufacturer denies your claim, you may need to go through an arbitration process, and if you are still unsatisfied with the outcome, you can file a lawsuit.
It is important to note that lemon laws have statutes of limitations, which vary by state. Therefore, it is advisable to seek legal assistance as soon as you suspect you have a lemon car to ensure you are within the statute of limitations and to increase your chances of a successful claim.
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What are your rights under the Arizona Lemon Law?
Arizona's Lemon Law is detailed in the Arizona Revised Statutes and sets the guidelines for dealing with problematic vehicles. The law applies to both new and used cars, outlining specific requirements for dealers to follow. If you purchase a vehicle that constantly fails, despite multiple repair attempts, the dealer is obligated to either replace or refund it. However, this is not an immediate process, as the law mandates giving the dealer a reasonable opportunity to rectify the issues.
New Car Lemon Law
The lemon law process begins when you purchase a new vehicle. If it develops significant issues that impair its use, value, and safety, it may be considered a 'lemon'. After four attempts to repair it or if it's out of service for more than 30 days, you can seek legal remedies. The dealer is then obligated to either replace the car or refund your money. This law applies for the duration of the manufacturer's warranty, two years, or 24,000 miles, whichever comes first.
Used Car Lemon Law
Used car lemon laws offer similar protections to new car lemon laws, but with some unique stipulations. Proving lemon law violations with a used car can be challenging, but it's important to remember that the law is on your side. Keeping detailed records of repairs and communications with the dealer is crucial and empowering when dealing with a lemon car.
Coverage and Limitations of Lemon Laws
Lemon laws in Arizona apply to both new and used cars, but there are some exceptions. Vehicles weighing over 10,000 pounds and those purchased at public auctions are not covered by the lemon law. For motor homes, only the vehicle and chassis are covered, while the living areas are not. It's important to note that these laws only provide protection after giving dealers a fair chance to remedy violations.
Remedies and Compensation
Under the Arizona Lemon Law, you may be entitled to a refund (minus a reasonable usage fee) or a comparable new replacement vehicle. You may also be able to negotiate a cash compensation settlement, along with full payment of attorneys' fees, if you prefer to keep your vehicle. These remedies are available regardless of whether the repairs were made under the vehicle's warranty.
Claim Resolution
Most claims are resolved out of court, and recovery is obtained for the consumer without the need for litigation. However, if a consumer voluntarily pursues litigation, experienced attorneys can help prosecute the claim diligently. The Arizona Lemon Law provides for the recovery of attorneys' fees by consumers who prevail in their actions. Settlement of a claim is considered prevailing for the purposes of the fees provision in the law, so you can obtain legal representation without paying out of pocket.
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What is a reasonable number of repair attempts?
The definition of a "reasonable number of repair attempts" varies from state to state in the US. However, most states provide manufacturers with at least three chances to resolve the issue. In some states, a single repair attempt may be enough if the defect is a serious safety issue.
Many states, including California, Arizona, and Florida, consider four repair attempts for the same defect to be sufficient to deem a vehicle a lemon. If the issue is a serious safety concern, consumers may seek legal help after fewer attempts.
In addition to the number of repair attempts, the severity of the defect and the cumulative number of days the car is out of commission are also important factors in determining reasonableness. Most states consider a vehicle to be a lemon if it has been out of service for a total of 30 days, either consecutively or over several months, within a certain time period (usually the first 12, 18, or 24 months after the original purchase date).
To determine the specific requirements in your state, it is recommended to consult a qualified lemon law attorney or refer to state-specific information on lemon law websites.
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What to do if the manufacturer won't repair your car?
If the manufacturer won't repair your car, you may be able to get a refund or a replacement vehicle under your state's lemon law. Lemon laws protect consumers from defective automobiles and every state in the US has one. The first step is always to notice a defect and bring it to the manufacturer or one of its authorized dealers for repair. If the manufacturer fails to repair the defect, the vehicle may already qualify as a lemon. However, in most cases, you'll need to provide the manufacturer with at least one more repair attempt before pursuing compensation.
It is in your best interest to contact a lawyer as soon as you suspect you may have a lemon. They will be able to advise you on your rights and whether you are eligible for a refund or replacement. Lemon law lawyers work on a contingency basis, so you won't have to pay them anything unless they are able to get you a satisfactory result. In most states, the manufacturer is required to pay your attorney's fees when you win your case.
To qualify as a lemon under most state laws, the car must have a substantial defect covered by the warranty that occurred within a certain period of time or number of miles after you bought the car, and must not be fixed after a reasonable number of repair attempts. A "substantial defect" is a problem covered by the warranty that impairs the car's use, value, or safety, like faulty brakes or steering. Minor defects such as loose radio knobs and door handles don't meet the legal definition of "substantial defect".
To be protected under a state lemon law, you usually must meet one of the following standards:
- If the defect is a serious safety defect, it must remain unfixed after one repair attempt.
- If the defect is not a serious safety defect, it must remain unfixed after three or four repair attempts, though the number varies by state.
- If the vehicle is in the shop for a specific number of days, usually 30 days in a one-year period, to fix one or more substantial warranty defects, it might fit the definition of a lemon.
In addition to state lemon laws, the Magnuson-Moss Warranty Act functions as a federal lemon law and covers any consumer product that costs more than $10. This federal law applies to both new and used car purchases.
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Frequently asked questions
In the context of the Lemon Law, a lemon is a consumer vehicle with a defect that continues to exist after a "reasonable number of repair attempts."
Although this varies by state, most provide manufacturers with at least 3 chances to resolve the issue. In some states, a single repair attempt may be sufficient to deem a car a lemon, especially if the defect affects the safety of the vehicle.
Lemon Laws cover vehicle nonconformities, or defects. Practically all new vehicles come with a written warranty that acts as a promise from the manufacturer to repair vehicles that exhibit a defect in materials or workmanship.
Arizona provides manufacturers and car dealers with four attempts to repair defects. If the vehicle is out of commission for repairs for 30 calendar days or more, the car is considered a lemon.
If your vehicle is a lemon, Arizona’s Lemon Law requires manufacturers to offer a refund or a replacement vehicle. All other costs, like tow trucks, attorney fees, and car rentals, must also be paid.
