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Arizona Lemon Law

by Richard Keyt

March 17, 2002

Arizona's vehicle lemon law is contained in Arizona Revised Statues Sections. 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 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 :

Replace the vehicle with a new vehicle, or

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.

Condition Precedent to Bringing A Lemon Law Claim

If the manufacturer has established or participates in an informal dispute settlement procedure that complies with 16 C.F.R. § 703, the consumer must first participate in the informal dispute settlement procedure before seeking a remedy under the Arizona lemon law.

Defenses to a Lemon Law Claim

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

The alleged nonconformity does not substantially impair the use and market value of the vehicle, or

The nonconformity resulted from abuse, neglect or unauthorized modifications or alterations of the vehicle.

Reasonable Number of Attempts to Repair

The Arizona lemon law presumes there has been a reasonable number of attempts to repair a vehicle if either:

The same nonconformity has been repaired more than three times by the manufacturer or its agents or authorized dealers during the shorter of: (i) the express warranty term or (ii) the period of two years or 24,000 miles following the date the vehicle was delivered to the consumer, whichever occurs first, but the nonconformity continues to exist, or

The vehicle was out of service because of repairs for a total of thirty or more calendar days during the shorter of: (i) the express warranty term, or (ii) the two year period or 24,000 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. Caution: see the paragraph above entitled "Condition Precedent to Bringing A Lemon Law Claim," which may also require that the consumer first complete a settlement dispute procedure.

Exclusions to the Arizona Lemon Law

The Arizona lemon law does not apply to:

a sale of a vehicle to a purchaser for the purpose of resale for profit, or

to a vehicle with a declared gross weight over 10,000 pounds, or

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 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 the Author Richard Keyt. is a business, transactions, contracts, real estate and internet law attorney licensed to practice law in Arizona. He has provided legal services to businesses and people in Arizona since 1980. Rick can be reached by telephone at 602-906-4953, email at and fax at 602-906-1081. Rick's Arizona law, internet, e-commerce and domain name law web site is located at www.keytlaw.com.