Many Arizonians may be unaware of the fact that Arizona has a Lemon Law Statute. As with many other states, the Arizona Lemon Law protects buyers of new motor vehicles. In fact, Arizona consumers dealing with a lemon may be protected under either the Arizona Lemon Law, the Magnuson-Moss Warranty Act (Also known as the federal lemon law), or both.
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The term “lemon” refers to motor vehicles with defects. Such defects can be mechanical or electrical and can vary, from transmission-related issues to seat belt and suspension issues. Once an issue is reported, the National Highway Traffic Safety Administration (NHTSA) will review the complaint and determine if an investigation is required. Should the investigation lead to conclusive results regarding the compliance of the vehicle with safety standards, or the existence of any safety-related issues, the NHTSA can require the manufacturer to recall the faulty vehicle or part and take action to ensure the consumer is provided with appropriate remedy.
Yes. The Lemon Law statute in Arizona protects the legal rights of motor vehicle purchasers from mechanical issues, defects, and/or condition. If the new motor vehicle fails to confirm to all applicable express after several repair attempts, and the problems continue to persist and undermine the car’s functionality and value, the vehicle may actually qualify for Arizona lemon law protection.
Arizona Revised Statutes §§ 44-1261 to 44-1265
Simply put, if a new motor vehicle does not conform to all applicable express warranties, the purchaser should inform the manufacturer and/or authorized dealer within two years or twenty-four thousand miles following the date of the original delivery of the motor vehicle to the purchaser, whichever is earlier or within the term of the express warranty, whichever date is earlier.
If the manufacturer or dealer is unable to repair the vehicle after a reasonable number of attempts, the vehicle must be replaced it with a new motor vehicle, or the purchaser has to be refunded the full purchase price. This includes all collateral charges, minus a reasonable allowance for the purchaser’s use of the vehicle (Time between purchase of the vehicle and first notification to dealer/manufacturer of the problem).
The Arizona Lemon Law includes a provision for used car purchases. An implied warranty of merchantability exists for all used motor vehicles for fifteen calendar days after delivery of the vehicle to the purchaser or the first five hundred miles, whichever comes first.
Recognizing your car as a lemon requires knowledge of the state statute, where the specific legal definition of a lemon is outlined in detail. Our lemon law attorneys can assist with implementing the law in your situation by strategizing the approach to your lemon law case.