Lemon laws vary between states, the Arizona Lemon Law is found in Arizona revised statutes Section 44-1261 to 44-1267. The statutes declare that if any newly purchased vehicle does not follow all of the applicable and expressed warranties, the make of the vehicle, dealer, agent or issuer of the warranty must make the repairs required so that the vehicle is now conforming with the expressed warranties.
Some of the possible vehicle fixes to the Arizona Lemon Law breach are:
If the vehicle manufacturer, agents, dealer or issuer does not conform the car, truck, van, motorcycle or other vehicle to the service warranty through either fixing defects or repairing the vehicle that substantially decline the value or use of it, the dealer, manufacturer, agent or issuer must:
Accept the return of the vehicle from the consumer and give them a full refund of what they payed, this must include all charges less than a reasonable mileage allowance which is said in section 44-1261 to 44-1267 of the Arizona Lemon Law.
If dealer violates the Arizona Lemon law, the manufacturer must give the consumer an entirely new automobile in replace of the old one. If the buyer seeks legal help in the process and succeed, the court will give the consumer modest costs and legal fees.
The above statement does not mean that automobile manufacturers, dealers, agents or issuers are always losing in Arizona Lemon Law claims. The automobile dealer, manufacturer, agent or issuer does have the option of filing a defense under the Arizona Lemon Law, citing many of the reasons which you will find below.
One of the many defenses that a manufacturer can take under the Arizona Lemon Law is that the problem with the vehicle does not entirely impair the vehicles market value, or ability.
A second defensive stand point would be a scenario where the non-conformity occurs out of neglect for the vehicle, non-authorized modifications and also abuse by the customer.
Under the Arizona Lemon Law, it is assumed that enough time is given to the manufacturer, agent or authorized dealer of an automobile to double check that it conforms to the warranties given if either:
The vehicle has been not running due to neglect for repair for a total of 30 days or more during an active period of the warranty duration or two subsequent years, or 24,000 miles, whichever comes first.
It has been taken into account that this assumption does not apply to the auto-maker except when the auto-maker has been warned through writing by the customer or their representative for the stated defects and problems, and has been giving enough time to correctly address the problem. Otherwise, this person is liable to legal action under the Arizona Lemon Law.
It has been taken into account that this assumption does not apply to the auto-maker except when the auto-maker has been warned through writing by the customer or their representative for the stated defects and problems, and has been giving enough time to correctly address the problem. Otherwise, this person is liable to legal action under the Arizona Lemon Law.
Arizona’s Lemon Law
(info from https://www.azag.gov/consumer/cars)
New Car
The Arizona Lemon Law has a number of specific provisions. You should read the law, file a complaint with the Better Business Bureau AUTO LINE Program or consult with an attorney if your new car is a lemon. Here are the basics:
The period covered by the Lemon Law is the term of the manufacturer’s warranty or two years or 24,000 miles, whichever is earlier. This covered period begins on the date of delivery of the vehicle to the consumer.
If there is a problem with the car that substantially impairs the use and value of the car and does not conform to the express warranty of the manufacturer, the consumer should report it to the manufacturer.
The report must be made during the covered period.
The manufacturer or its authorized dealers can repair or correct the defect, accept return of the car or replace the car with a new car.
There is a limit on the number of times a consumer must allow the manufacturer to repair the car and the amount of time the car can be out of service. If during the covered period, the manufacturer fails to successfully repair the defect after four attempts, or the car is out of service by reason of repair for a cumulative total of 30 or more calendar days, the manufacturer must accept return of the car or replace the car with a new car.
Used Car
Your car is covered by the Arizona Used Car Lemon Law if a major component of your car breaks before the earlier of 15 days or 500 miles after you buy the car.
If it breaks, you’ll still have to pay up to $25 for the first two repairs.
The recovery for the consumer is the purchase amount paid for the car.
PROBLEMS WITH YOUR TRANSACTION
If your motor vehicle purchase involved deception or unfair practices that may have violated the Arizona Consumer Fraud Act, you should file a complaint with our office. All complaints are forwarded to the business for response and many are resolved. A pattern of complaints or egregious violations may lead to an investigation and/or lawsuit brought by the State against a business for Consumer Fraud.
https://www.azag.gov/consumer/cars