Arizona Lemon Law

Arizona Lemon Law

by Shalev Amar, Arizona Lemon Law Attorney

Arizona's lemon law is contained in Arizona Revised Statues Sections 44-1261 to 44-1267.  The Arizona lemon law provides that if a new motor vehicle purchased by a consumer does not conform to all applicable express warranties, the manufacturer, its agent or its authorized dealer or the issuer of a warranty shall make those repairs necessary to conform the vehicle to the express warranties. 

Remedies for Violation of the Arizona Lemon Law

If, after a reasonable number of attempts,  the manufacturer, its agents or its authorized dealers do not conform the vehicle to an express warranty by repairing or correcting any defect or condition that substantially impairs the use and value of the motor vehicle to the consumer, the manufacturer must :

1. Replace the vehicle with a new vehicle, or
2. Accept the return of the 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.

If a consumer prevails in an Arizona lemon law action, the court shall award the consumer reasonable costs and attorney fees.

Defenses to an Arizona Lemon Law Claim

The manufacturer and its authorized dealers may defend a lemon law claim by showing that:

1. The alleged nonconformity does not substantially impair the use and market value of the vehicle, or
2. The nonconformity resulted from abuse, neglect or unauthorized modifications or alterations of the vehicle.

Reasonable Number of Attempts to Repair

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.

However, this presumption does not apply against a manufacturer unless the manufacturer has been given written notice from or on behalf of the consumer of the alleged defect and has had an opportunity to cure the alleged defect.

Applicable Statute of Limitations

For a consumer to exercise his or her rights under the Arizona lemon law, the consumer must: (i) report the warranty problem to the manufacturer, its agent or its authorized dealer or issuer of a warranty, AND (ii) begin an Arizona lemon law action within six months following the earlier of: (a) expiration of the express warranty term, or (b) two years or 24,000 miles following the date of delivery of the vehicle to the consumer, whichever is earlier. 

Exclusions to the Arizona Lemon Law

The Arizona lemon law does not apply to:

1. a sale of a vehicle to a purchaser for the purpose of resale for profit, or
2. to a vehicle with a declared gross weight over 10,000 pounds, or
3. to a vehicle that is sold at a public auction.

The rights granted to consumers under the Arizona lemon law are in addition to any contract rights the consumer may have arising from the purchase agreement, any new vehicle warranty or other applicable laws.

Magnuson - Moss Warranty - Federal Trade Commission Improvement Act

The Magnuson - Moss Warranty - Federal Trade Commission Improvement Act is a federal law that imposes certain obligations on vehicle manufacturers and grants certain rights to consumers.  This law contains offers certain protections to purchasers of automobiles sold with warranties.  See Understanding the Magnuson-Moss Warranty Act for a summary of the Act and 15 U.S.C. § 2301 et seq.  The Act allows purchasers to sue for a breach of a warranty and recover reasonable attorneys' fees and court costs.  If you have a lemon vehicle, the Magnuson - Moss Warranty Act may provide remedies for your situation.

The Arizona lemon law is codified in Arizona Revised Statutes Sections 44-1261 to 44-1267.

About Shalev Amar

Shalev Amar litigates in the area of consumer protection focusing on Lemon Law, Consumer Fraud and Breach of Warranty cases.  The phone number of his law firm is 480-947-7755.   Shalev has arbitrated and prevailed in a number of arbitrations.  Shalev Amar has settled numerous lemon law cases with motor vehicle manufacturers and dealers.  Mr. Amar has amicable professional relationships with the representatives of both motor vehicles manufacturers and dealers and that relationship benefits consumers represented by Pryor & Amar, LLC.

Remember, if your car is not up to par, call Pryor & Amar, LLC!

For more information on Arizona's lemon law visit www.lemonlawaz.com.  The law firm of Pryor & Amar, LLC, provides information about Arizona lemon law and a FREE CASE REVIEW for consumers