Frequently Asked Arizona Lemon Law Questions Explained
Arizona’s Lemon Law is a consumer protection law that helps people who buy new or used vehicles, including motor homes, that have major defects that cannot be repaired during the term of the express warranty, the first 2 years of ownership, or the first 24,000 miles the vehicle is driven (whichever happens first).
Arizona Lemon Law applies to cars, motorcycles, SUVs, trucks, and any other self-propelled vehicle with a gross weight of 10,000 lbs or less, designated primarily for the transportation of persons or property over the public highways. In the case of a motor home, Lemon Law applies to the vehicle and chassis but not to those portions of the vehicle designed, used, or maintained primarily as a mobile dwelling, office or commercial space. It does not apply to a vehicle sold for the purpose of resale for profit.
Arizona Lemon Law applies in a limited way to used vehicles. If you purchased a used vehicle during the vehicle’s original express warranty period, you are protected by Arizona Lemon Law for the Lemon Law period. If you purchased a used vehicle outside the express warranty period, Arizona Used Car Lemon Law offers some protection for the first 15 days or 500 miles of ownership.
No, boats do NOT qualify as vehicles under Arizona Lemon Law but there are other laws that can help boat owners if they buy or lease a boat that is defective.
Not every vehicle defect or problem qualifies you for a Lemon Law claim (although there may be other laws available to make a claim and get compensation).
Arizona Lemon Law requires:
- A nonconformity, which is a defect or condition that substantially impairs the use and value of the vehicle.
- The nonconformity is not the result of abuse, neglect, or unauthorized modifications or alterations of the vehicle.
- The nonconformity has not been repaired or corrected by the car dealer after four attempts (in other words, you need to give the car dealership at least four chances to repair or correct the defect before you file a Lemon Law claim),
- BUT if the vehicle has been out-of-service for repair for a cumulative total of 30 or more days, you can file a Lemon Law claim EVEN IF the dealer has not had four chances to fix the defect.
- Written notification to the manufacturer or dealer of the alleged defect.
If you have not notified the manufacturer of the defect or allowed four repair attempts, you may still be able to show that you have given the manufacturer a reasonable attempt to repair the defect but it will be harder to prove.
Arizona’s Lemon Law provides for two remedies. The law requires the manufacturer to either replace the vehicle or refund the full purchase price. In either case, the manufacturer is also required to reimburse the consumer for reasonable incidental costs, such as car rental, tow trucks, and attorney fees. The manufacturer is also allowed to deduct a reasonable amount for the consumer’s use of the vehicle.
- A replacement vehicle: You are entitled to receive a comparable vehicle (same make, model, and trim level) with credit for all of your payments as if you still owned the original vehicle, less a reduction for mileage used. In other words:
- Your loan or lease continues at its current unpaid balance and will still run for the original term (it is not extended).
- Your prior payments are counted toward the loan or lease as if you still owned the defective vehicle. In other words, if you were in month six of a four-year car loan or lease when the defective vehicle was replaced, your next payment with the new car counts as payment number seven under your loan or lease.
- A refund of the purchase price: The manufacturer is required to pay back:
- The vehicle’s purchase price (not the market price, or its current value, but the purchase price you paid according to the original invoice).
- The sales tax, license, and registration fees you paid.
- Damages for the cost of repairs to the vehicle.
- Damages for the loss of use, annoyance or inconvenience resulting from the defect, including rental vehicle expenses.
If you have not filed a Lemon Law claim within 6 months of the expiration of your vehicle’s express warranty period, the first 2 years of ownership, or the first 24,000 miles (whichever is earliest,) you may still be protected under other consumer protection laws, such as breach of implied product warranties or a fraud claim against the dealer.
NO. The Lemon Law is designed so that the owner of a defective vehicle is fully reimbursed and not stuck paying additional expenses or costs. This means that the vehicle manufacturer is required to pay all attorneys’ fees and other legal costs if the consumer wins the case IN ADDITION TO refunding or replacing your vehicle.
Timothy Abeel & Associates does not charge any up-front fees. If you win your Lemon Law claim, the manufacturer will pay the attorneys’ fees, and even if you do not win your claim, YOU WILL NEVER BE RESPONSIBLE FOR ATTORNEYS’ FEES.
Yes, we file Lemon Law claims for vehicle owners throughout Arizona no matter where they live in the state. If we need to have an expert inspect your vehicle and write a report, we will send that person to you.
We work tirelessly to get our clients back on the road and with money back in their pockets as soon as possible, with a goal of settling each case within the first 30 to 90 days. We’re also not afraid to file suit against the manufacturer if they refuse to give our clients everything they're legally entitled to.
Even if the repairs and issues with your vehicle don’t fit within the parameters of Lemon Law, they may qualify as unreasonable under other state or federal consumer protection laws. Call Timothy Abeel & Associates at 888.611.5481 or contact us online to find out if you have a breach of warranty or loss in value claim.
Timothy Abeel & Associates works to get the owners of defective or malfunctioning vehicles the settlement they deserve as fast as possible. Give our firm a call at 888-611-5481 to find out what you are entitled to as a consumer.