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We continue to be open and working remotely during the hours of 8 a.m. to 6 p.m. Monday through Friday during the Coronavirus response.

We continue to accept new cases and work on our existing cases. Feel free to call today.

Understanding Arizona Lemon Law

arizona-lemon

The lemon law also covers anyone to whom the vehicle is transferred during the terms of the vehicle’s express warranty, and anyone else entitled by the warranty to enforce its obligations. Arizona’s lemon law does not cover leased vehicles.

Think you have a lemon, click here to fill out a 30 second form.

Arizona’s lemon law covers new vehicles used for the transportation of people or property over public highways, including the vehicle portion of motor homes. The law further mandates used cars are covered for 15 days or 500 miles after delivery, whichever is earlier.
The lemon law does not cover the parts of a motor home designed, used or maintained primarily as a dwelling, office or commercial space. It also doesn’t cover any vehicles with a declared gross weight over 5 tons.

Arizona’s lemon law covers any defect or condition that substantially impairs the use and value of the motor vehicle to the consumer. The lemon law defines these issues as “nonconformities.” Arizona’s lemon law does not cover nonconformities resulting from abuse, neglect or unauthorized modifications or alterations by the purchaser.

The Arizona lemon law compels manufacturers to repair eligible nonconformities as long as the consumer reports the problem within the term of the warranty. They must also repair nonconformities reported within a period of two years or 24,000 miles following the vehicle’s original delivery to the consumer, whichever is sooner.

The lemon law does not cover the parts of a motor home designed, used or maintained primarily as a dwelling, office or commercial space. It also doesn’t cover any vehicles with a declared gross weight over 5 tons.

Arizona’s lemon law covers any defect or condition that substantially impairs the use and value of the motor vehicle to the consumer. The lemon law defines these issues as “nonconformities.” Arizona’s lemon law does not cover nonconformities resulting from abuse, neglect or unauthorized modifications or alterations by the purchaser.

The Arizona lemon law compels manufacturers to repair eligible nonconformities as long as the consumer reports the problem within the term of the warranty. They must also repair nonconformities reported within a period of two years or 24,000 miles following the vehicle’s original delivery to the consumer, whichever is sooner.

Arizona’s lemon law says a manufacturer must replace or repurchase any nonconforming vehicle they or their authorized agents are unable to repair. However, the lemon law says the consumer must allow the manufacturer a reasonable number of attempts to correct the nonconformity.

The law defines a “reasonable number of attempts” as four attempts to fix the same problem without success. After this, if the nonconformity remains, or if the vehicle is out of service for more than 30 working days, the manufacturer must repurchase or replace the vehicle.

The Arizona lemon law requires manufacturers to pay the vehicle’s full purchase price when repurchasing the vehicle. The manufacturer must also pay all collateral charges associated with the purchase including all applicable taxes. The manufacturer may withhold a reasonable allowance for the consumer’s use of the vehicle.

The lemon law requires any manufacturer replacing a nonconforming vehicle to provide an entirely new vehicle. If the replacement vehicle is of lesser value than the nonconforming vehicle, the manufacturer must refund to the consumer the difference in taxes attributed to their sales. If the replacement vehicle is worth more, the manufacturer must calculate the gross proceeds by subtracting the value of the nonconforming vehicle from the replacement vehicle and collect tax on the difference.

Arizona’s lemon law requires consumers to resort first to a manufacturer’s informal dispute settlement procedure, i.e. arbitration, before seeking repurchase or replacement.

For more information on arbitration and other frequently asked lemon law questions, click here.

Arizona consumers with warrantied vehicle problems would be well served to contact a law firm for a consultation on what their next step should be, whether it be going through with arbitration or proceeding to trial. In court, consumers are guaranteed the ability to gather evidence under the state’s civil discovery rules, and to be represented by a qualified lawyer who can guide them through the often complex legal process.

By pursuing a claim under the Magnuson-Moss Warranty Act, Arizona consumers can hire lemon law lawyers who will represent them without the vehicle owner having to pay any attorneys’ fees directly out of their pocket. This is because the federal Act provides that the vehicle manufacturer shall pay the claimants’ reasonable attorneys’ fees if the claimant prevails against the manufacturer.

The lemon law in Arizona can help some consumers, but not all. For those consumers the state’s lemon law leaves in the cold, the Magnuson-Moss Warranty Act can offer help.

Arizona’s lemon law covers consumers as long as they file a complaint within six months after the expiration of the warranty, two years following the date of the vehicle’s original delivery to the consumer, or 24,000 miles following the date of the vehicle’s original delivery. The federal Magnuson Moss Warranty Act, however, allows consumers more leeway. The Act borrows the statute of limitations for breach of warranty claims from the state in which the claim originated. Magnuson-Moss claims originating in Arizona have a statute of limitations of four years. The Magnuson-Moss Warranty Act, a federal law, supersedes the state law.

There isn’t a specific used car lemon law in Arizona; Arizona’s lemon law covers both new and used vehicles. As long as the vehicle’s express warranty remains in effect, the consumer is covered whether or not they are the vehicle’s first owner.

The state law and the Magnuson-Moss Warranty Act both allow consumers to recover attorneys’ fees as part of the judgement if they prevail in court. Section 44-1265 of the Arizona Revised Statutes states “if a consumer prevails in an action under this article, the court shall award the consumer reasonable costs and attorney fees.” The Magnuson-Moss Warranty Act also makes automakers pay the claimant’s attorneys’ fees when the claimant prevails in court.

Whether resorting to the lemon law in Arizona or the Magnuson-Moss Warranty Act, hiring a lemon law attorney is the best way to make sure your claim gets the time and attention it deserves. Allen Stewart P.C.’s driven and experienced lemon law lawyers will help bring your case to a just and prompt conclusion. Our attorneys will take your case as far as is needed, including all the way to trial.

Automobile consumers filing claims under the lemon law in Arizona should always keep meticulous records throughout the repairs process. These records should include the problems reported and when they first noticed them, when they reported them to the manufacturer, when the vehicle went in for repairs, when they got their vehicle back and what repairs the vehicle underwent.

Accurate, exhaustive records help lemon law attorneys in Arizona build strong breach of warranty cases likely to resolve in the consumer’s favor.

The lemon law in Arizona requires manufacturers that repurchase defective vehicles pay the vehicle’s full purchase price and all collateral charges associated with the purchase including sales taxes. The manufacturer can withhold a “reasonable allowance for use,” attributable to the consumer’s use of the vehicle before the first written report of the defect to the manufacturer.

Manufacturers replacing a victorious consumer’s vehicle provide a new motor vehicle; if the replacement vehicle is of lesser value than the original vehicle the manufacturer must refund the difference to the consumer.

Money earned through a successful lemon law claim can go toward anything the client chooses, Ross said.

Clients often finance the vehicles involved in their lemon law claims, and as such remain on the hook for car payments even as they pursue claims against the manufacturer. In fact, falling behind on car payments can imperil the client’s lemon law claim, even if the vehicle is inoperative or still in the shop. However, once a client receives their settlement funds, they can use that money to pay off their loan and get out from under a bad vehicle.

If the client bought their vehicle outright instead of financing, they could use their settlement money as a down payment on a new vehicle. Hopefully this new vehicle would lack recurring, unfixable problems of its own.

Clients can use the money recovered through a successful lemon law claim any way they see fit. Don’t let automotive manufacturers push you around and leave you in the dust. Contact us today so we can get you back behind the wheel. Statutes of limitation can affect your rights if you wait too long. Contact us today to discuss your legal options.

This information brought to you by Allen Stewart P.C.

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