Alaska Lemon Law Statutes...
Alaska Lemon Laws and the federal Lemon Law (the Magnuson-Moss Warranty Act) provide for compensation to Alaska consumers of defective automobiles and trucks and other vehicles and products including motorcycles, RV's, boats, computers and other consumer appliances and products. To qualify under the Alaska Lemon Law or the Federal Lemon Law, you must generally have a product that suffered multiple repair attempts under the manufacturer's factory warranty. Lemon Law compensation can include a refund, replacement or cash
Alaska State Statutes
Title 45, Chapter 45
Trade And Commerce
45.45.300 Repairs required.
If a new motor vehicle does not conform to an
express warranty that is applicable to it and the owner of the vehicle reports
the defect or condition to the manufacturer of the vehicle or to the
manufacturer's or distributor's dealer during the term of the warranty, the
manufacturer, distributor, dealer, or a repairing agent shall make the necessary
repairs to conform the vehicle to the express warranty.
45.45.305 Replacement or refund.
If during the term of the express warranty or
within one year from the date of delivery of the motor vehicle to the original
owner, whichever period terminates first, the manufacturer, distributor, dealer,
or repairing agent is unable to conform the motor vehicle to an applicable
express warranty after a reasonable number of attempts, the manufacturer or
distributor shall accept the return of the nonconforming motor vehicle, and, at
the owner's option, shall replace the nonconforming vehicle with a new,
comparable vehicle or shall refund the full purchase price to the owner less a
reasonable allowance for the use of the motor vehicle from the time it was
delivered to the original owner. A refund under this section shall be made to a
lien holder of record, if any, and the owner, as their interests may appear.
45.45.310 Notice by owner.
In order to claim a refund or replacement under
AS 45.45.305 , the owner shall give written notice by certified mail to the
manufacturer and its dealer or repairing agent at any time before 60 days have
elapsed after the expiration of the express warranty or the one-year period
after the date of delivery of the motor vehicle to the original owner, whichever
period terminates first,
(1) stating that the vehicle has a
(2) providing a reasonable description of the
(3) stating that the manufacturer, distributor,
dealer, or repairing agent has made a reasonable number of attempts to conform
the vehicle; and
(4) stating that the owner demands a refund or
replacement vehicle to be delivered on the 60th day after the mailing of the
Within 30 days after receiving the notice
required by this section the manufacturer may make a final attempt to conform
the vehicle before a refund or replacement is made under AS 45.45.305.
An owner may not receive a refund or replacement
under AS 45.45.300 - 45.45.360 if the manufacturer or distributor shows that the
nonconformity complained of
(1) does not substantially impair either
the use or the market value of the motor vehicle; or
(2) is the result of
(A) alteration of the motor vehicle by
the owner or a person other than a dealer or repairing agent that is not
authorized by the manufacturer or distributor; or
(B) abuse or neglect by the owner or a
person other than the dealer or repairing agent.
A presumption that a reasonable number of
attempts have been made to conform a motor vehicle under an applicable express
warranty is established if:
(1) the same nonconformity has been
subject to repair three or more times by the manufacturer, distributor,
dealer, or repairing agent during the term of the express warranty or the
one-year period after delivery of the motor vehicle to the original owner,
whichever period terminates first, but the nonconformity continues to exist;
(2) the vehicle is out of service for
repair for a total of 30 or more business days during the express warranty
term or the one-year period referred to in (1) of this section, whichever
period terminates first; any period of time that repairs are not performed for
reasons that are beyond the control of the manufacturer, distributor, dealer,
or repairing agent is excluded from the 30-day time period referred to in this
45.45.325 Parts availability.
A manufacturer whose vehicles are sold in the
state through an authorized dealer shall provide its dealer or repairing agent
with any part necessary to make a repair of a nonconformity covered under an
express warranty, as soon as possible, without additional charge for freight or
handling, if the part is not in the dealer's or agent's inventory when the
nonconforming vehicle is brought to the dealer or repairing agent for repair.
45.45.330 Failure to replace or refund.
A manufacturer or distributor who fails to refund
the full purchase price of a motor vehicle or replace the motor vehicle when
there is a requirement to do so under AS 45.45.300 - 45.45.360 is presumed to
have committed an unfair trade practice under AS 45.50.471 .
45.45.335 Resale without disclosure
A motor vehicle returned under AS 45.45.305 may
not be resold by the manufacturer or distributor in the state unless full
disclosure of the reason for the return is made to the prospective buyer before
the resale is concluded.
45.45.340 Other rights and remedies.
The provisions of AS 45.45.300 - 45.45.360 do not
limit other rights and remedies that may be available to the owner of a motor
vehicle under other provisions of law. This section does not create a new cause
of action against a dealer or repairing agent who sells or attempts to repair a
motor vehicle found to be nonconforming under AS 45.45.300 - 45.45.360.
45.45.345 Repair facilities.
A manufacturer or distributor or motor vehicles
who authorizes the sale of the manufacturer's or distributor's motor vehicles in
the state shall maintain authorized dealership facilities within the state that
are able to perform the service and make the repairs required by the
manufacturer's express warranty and by AS 45.45.300 - 45.45.360.
45.45.350 Reimbursement of shipping costs.
A manufacturer or distributor who accepts the
return of a nonconforming motor vehicle under AS 45.45.305 shall reimburse the
owner for any reasonable cost incurred in shipping the vehicle to and from the
nearest authorized facility for warranty service and repair of a nonconformity
that causes the return of the vehicle.
45.45.355 Arbitration or mediation.
If a manufacturer or distributor has established
an informal dispute settlement procedure that substantially complies with the
requirements of 16 C.F.R. 703, as that section may be amended, or if the
manufacturer or distributor, after receipt of notice required by AS 45.45.310,
offers in writing to participate in an arbitration or mediation process with the
owner and the arbitration or mediation decision is binding on the manufacturer
or distributor but not on the owner, and if the informal dispute settlement or
arbitration or mediation process is approved by the attorney general, the
provisions of AS 45.45.305 concerning refund or replacement or AS 45.45.350
concerning shipping costs do not apply to an owner who has not first resorted to
the informal dispute settlement procedure or arbitration or mediation process.
In AS 45.45.300 - 45.45.360,
(1) "dealer" means a person
who has obtained a franchise from, or is authorized by, a motor vehicle
manufacturer to engage in the retail sale and warranty repair of the
manufacturer's new motor vehicles in the state;
(2) "distributor" means a
person who is authorized by a manufacturer to engage in the wholesale
distribution of the manufacturer's new motor vehicles in the state;
(3) "express warranty" or
"warranty" means an express written warranty provided by the
manufacturer of a new motor vehicle;
(4) "full purchase price"
means the total price paid for a motor vehicle by the original owner,
including costs added to the retail price, such as original registration fees,
transportation fees, dealer preparation, and dealer installed options;
(5) "manufacturer" means a
person who by labor transforms raw materials and component parts into motor
vehicles for wholesale or retail sale;
(6) "motor vehicle" or
"vehicle" means a land vehicle having four or more wheels, that is
self-propelled by a motor, is normally used for personal, family, or household
purposes, and is required to be registered under AS 28.10; but does not
include a tractor, farm vehicle, or a vehicle designed primarily for off-road
(7) "nonconformity" means a
defect or condition in a motor vehicle caused by a manufacturer, distributor,
dealer, or repairing agent that substantially impairs the use or market value
of a vehicle;
(8) "owner" means a purchaser,
other than for resale, of a new motor vehicle, and a person to whom ownership
of the motor vehicle is transferred in conformity with AS 28;
(9) "reasonable allowance"
means an amount attributable to an owner's use of a motor vehicle; a
"reasonable allowance" may not exceed an amount equal to the
depreciation in value of the vehicle for the period during which the vehicle
is available for use by the owner, calculated by a straight line depreciation
method over seven years, plus an amount equal to the depreciation in value of
the vehicle that is caused by
(A) any neglect or abuse by the owner;
(B) body damage not caused by a
(10) "repairing agent" means a
person who has been specifically authorized by a motor vehicle manufacturer or
distributor to perform warranty repairs in the state on one or more of the
manufacturer's or distributor's motor vehicles;
(11) "substantially impairs the
market value" means a nonconformity that substantially decreases the
dollar value of a vehicle to the owner when compared to the dollar value of a
similar vehicle that does not have the nonconformity;
(12) "substantially impairs the
use" means a nonconformity that prevents a motor vehicle from being
operated or makes the vehicle unsafe to operate.