Arizona Lemon Law Statutes...
Arizona Lemon Laws and the federal Lemon Law (the Magnuson-Moss Warranty Act) provide for compensation to Arizona 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 Arizona 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
Arizona State Statutes
Title 44, Article 5
Trade And Commerce
Motor Vehicle Warranties
Arizona Lemon Law 44-1261
A. In this article, unless the context
1. "Consumer" means the
purchaser, other than for purposes of resale, of a motor vehicle, any person
to whom the motor vehicle is transferred during the duration of an express
warranty applicable to the motor vehicle or any other person entitled by the
terms of the warranty to enforce the obligations of the warranty.
2. "Motor vehicle" means a
self-propelled vehicle designated primarily for the transportation of
persons or property over the public highways.
3. "Used motor vehicle"
means a motor vehicle that has been sold, bargained, exchanged or given away
or the title to which has been transferred from the person who first
acquired the vehicle from the manufacturer, importer or dealer or agent of
the manufacturer or importer and that has been placed in bona fide consumer
4. "Used motor vehicle
dealer" means a person or business that sells or offers for sale a used
motor vehicle after selling or offering for sale four or more used motor
vehicles in the previous twelve months but does not include a bank or
financial institution, an insurance company, a business selling a used motor
vehicle to an employee of that business, a lessor selling a leased vehicle
by or to the lessee of that vehicle or to an employee of the lessee of that
vehicle or a person who buys, sells, exchanges or offers or attempts to
negotiate a sale of or exchange an interest in a classic car as defined in
section 28-2483 or a historic vehicle as defined in section 28-2484.
B. If the motor vehicle is a motor home,
the provisions of this article shall apply to the self-propelled vehicle and
chassis but not to those portions of the vehicle designed, used or maintained
primarily as a mobile dwelling, office or commercial space.
C. The provisions of this article do not
apply to a sale of a motor vehicle to a purchaser for the purpose of resale
for profit or to a motor vehicle with a declared gross weight over ten
thousand pounds or that is sold at a public auction.
Arizona Lemon Law 44-1262 New
Repair during express warranty or two years or
twenty-four thousand miles.
A. If a new motor vehicle does not
conform to all applicable express warranties:
1. A consumer shall report the
nonconformity to the manufacturer, its agent or its authorized dealer or
issuer of a warranty during the shorter of the following:
(a) The term of the express
(b) The period of two years or
twenty-four thousand miles following the date of original delivery of the
motor vehicle to the consumer, whichever is earlier.
2. The manufacturer, its agent or its
authorized dealer or the issuer of a warranty shall make those repairs that
are necessary to conform the motor vehicle to such express warranties, even
if the repairs are made after the expiration of the term or two year period
or twenty-four thousand mile limit.
B. This section does not limit in any
way the remedies available to a consumer under a new motor vehicle warranty
that extends beyond the limits prescribed in this section.
Arizona Lemon Law 44-1263
Inability to conform motor vehicle to express warranty.
Replacement of vehicle or refund of monies;
A. If the manufacturer, its agents or
its authorized dealers are unable to conform the motor vehicle to any
applicable express warranty by repairing or correcting any defect or condition
which substantially impairs the use and value of the motor vehicle to the
consumer after a reasonable number of attempts, the manufacturer shall replace
the motor vehicle with a new motor vehicle or accept return of the motor
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. The manufacturer shall make refunds to the
consumer and lien holder, if any, as their interests appear. A reasonable
allowance for use is that amount directly attributable to use by the consumer
before his first written report of the nonconformity to the manufacturer,
agent or dealer and during any subsequent period when the vehicle is not out
of service by reason of repair.
B. It is an affirmative defense to any
claim under this article that either:
1. An alleged nonconformity does not
substantially impair the use and market value of the motor vehicle.
2. A nonconformity is the result of
abuse, neglect or unauthorized modifications or alterations of the motor
C. In the case of taxes paid
pursuant to title 42, chapter 5, if the manufacturer:
1. Accepts return of a motor
vehicle from a consumer without replacing the motor vehicle, the
manufacturer shall refund the amount of tax attributed to the sale of the
vehicle to that consumer.
2. Replaces a motor vehicle
with a new motor vehicle of lesser value, the manufacturer shall refund the
difference between the original amount of tax attributed to the sale of that
vehicle and the amount of tax attributed to the sale of the replacement
vehicle, excluding the value of the motor vehicle being replaced.
3. Replaces a motor vehicle
with a new motor vehicle of greater value, the manufacturer shall calculate
the gross proceeds of sales pursuant to section 42-5001, paragraph 6.
D. Pursuant to section
42-1118, subsection F, the manufacturer may apply to the department of revenue
for a refund for the amount of tax that the manufacturer properly refunds to
Arizona Lemon Law 44-1264
Reasonable number of attempts.
To conform motor vehicle to express warranty;
A. It is presumed that a reasonable
number of attempts have been undertaken to conform a motor vehicle to the
applicable express warranties if either:
1. The same nonconformity has been
subject to repair four or more times by the manufacturer or its agents or
authorized dealers during the shorter of the express warranty term or the
period of two years or twenty-four thousand miles following the date of
original delivery of the motor vehicle to the consumer, whichever is
earlier, but the nonconformity continues to exist.
2. The motor vehicle is out of service
by reason of repair for a cumulative total of thirty or more calendar days
during the shorter of the express warranty term or the two year period or
twenty-four thousand miles, whichever is earlier.
B. The term of an express warranty, the
two year period and the thirty day period are extended by any period of time
during which repair services are not available to the consumer because of any
war, invasion, strike, fire, flood or other natural disaster.
C. The presumption prescribed in this
section does not apply against a manufacturer unless the manufacturer has
received prior direct written notification from or on behalf of the consumer
of the alleged defect and has had an opportunity to cure the alleged defect.
Arizona Lemon Law 44-1265
Non-limitation of rights.
Refund or replacement not required if certain
procedures not followed; attorney fees.
A. If a manufacturer has established or
participates in an informal dispute settlement procedure which complies in all
respects with 16 code of federal regulations part 703, section 44-1263
relating to refunds or replacement does not apply to any consumer who has not
first resorted to such a procedure.
B. A consumer shall begin an action
under this article within six months following the earlier of expiration of
the express warranty term or two years or twenty-four thousand miles following
the date of original delivery of the motor vehicle to the consumer, whichever
is earlier. If a consumer prevails in an action under this article, the court
shall award the consumer reasonable costs and attorney fees.
Arizona Lemon Law 44-1266
Notice to dealers and prospective purchasers.
A. A manufacturer who has been ordered
by judgment or decree to replace or repurchase or who has replaced or
repurchased a motor vehicle pursuant to this article or the repair or replace
laws of another state shall, before offering the motor vehicle for resale,
attach to the motor vehicle written notification indicating the motor vehicle
has been replaced or repurchased. A consumer has a cause of action against any
person who removes the written notification from the motor vehicle, except as
provided in subsection B of this section.
B. A motor vehicle dealer, broker,
wholesale motor vehicle dealer or wholesale motor vehicle auction dealer as
defined in section 28-4301 who offers for sale a motor vehicle that has been
replaced or repurchased pursuant to this article or the repair or replace laws
of another state shall provide the purchaser with the manufacturer's written
notification indicating that the motor vehicle has been replaced or
repurchased before completion of the sale.
C. It shall constitute an affirmative
defense in an action brought pursuant to subsection A of this section against
a motor vehicle dealer or an agent of a motor vehicle dealer that the
notification described in subsection A of this section was removed by someone
other than the dealer or agent without the knowledge of the dealer or agent.
Arizona Lemon Law 44-1267
Used motor vehicles.
Title; implied warranty of merchantability
disclaimer; waiver; burden of proof; remedies.
A. Unless the seller is a used motor
vehicle dealer, before the seller attempts to sell a used motor vehicle the
seller shall possess the title to the used motor vehicle and the title shall
be in the seller's name.
B. Except as provided in subsection I of
this section and in addition to the requirements of section 28-4412, a used
motor vehicle dealer shall not exclude, modify or disclaim the implied
warranty of merchantability prescribed in section 47-2314 or limit the
remedies for a breach of that warranty, except as otherwise provided in this
section, before midnight of the fifteenth calendar day after delivery of a
used motor vehicle or until a used motor vehicle is driven five hundred miles
after delivery, whichever is earlier. In calculating time under this
subsection, a day on which the warranty is breached is excluded and all
subsequent days in which the motor vehicle fails to conform with the implied
warranty of merchantability is also excluded. In calculating distance under
this subsection, the miles driven to obtain or in connection with the repair,
servicing or testing of the motor vehicle that fails to conform with the
implied warranty of merchantability are excluded. An attempt to exclude,
modify or disclaim the implied warranty of merchantability or to limit the
remedies for a breach of that warranty, except as otherwise provided in this
section, in violation of this subsection renders a purchase agreement voidable
at the option of the purchaser.
C. For the purposes of this section, the
implied warranty of merchantability is met if the motor vehicle functions in a
safe condition as provided in title 28, chapter 3, article 16 and is
substantially free of any defect that significantly limits the use of the
motor vehicle for the ordinary purpose of transportation on any public
highway. The implied warranty of merchantability expires at midnight of the
fifteenth calendar day after delivery of a used motor vehicle or until a used
motor vehicle is driven five hundred miles after delivery, whichever is
earlier. In calculating time under this subsection, a day on which the
warranty is breached is excluded and all subsequent days in which the motor
vehicle fails to conform with the implied warranty of merchantability is also
excluded. In calculating distance under this subsection, the miles driven to
obtain or in connection with the repair, servicing or testing of the motor
vehicle that fails to conform with the implied warranty of merchantability are
D. The implied warranty of
merchantability described in this section does not extend to damage that
occurs after the sale of the motor vehicle and that is the result of any
abuse, misuse, neglect, failure to perform regular maintenance or to maintain
adequate oil, coolant or other required fluid or lubricant or off road use,
racing or towing.
E. If the implied warranty of
merchantability described in this section is breached, the purchaser shall
give reasonable notice to the seller. Before the purchaser exercises any other
remedies under title 47, chapter 2, the seller shall have a reasonable
opportunity to repair the vehicle. The purchaser shall pay one-half of the
cost of the first two repairs necessary to bring the vehicle in compliance
with the warranty. The purchaser's payments are limited to a maximum payment
of twenty-five dollars for each repair.
F. The maximum liability of the seller
under this section is limited to the purchase price paid for the used motor
G. An agreement for the sale of a used
motor vehicle by a used motor vehicle dealer is voidable at the option of the
purchaser unless it contains on its face the following conspicuous statement
printed in bold-faced ten point or larger type set off from the body of the
The seller hereby warrants that this
vehicle will be fit for the ordinary purposes for which the vehicle is used
for 15 days or 500 miles after delivery, whichever is earlier, except with
regard to particular defects disclosed on the first page of this agreement.
You (the purchaser) will have to pay up to $25.00 for each of the first two
repairs if the warranty is violated.
H. The inclusion of the statement
prescribed in subsection G of this section in the agreement does not create an
I. A purchaser of a used motor vehicle
may waive the implied warranty of merchantability described in this section
only for a particular defect in the vehicle and only if all of the following
conditions are satisfied:
1. The used motor vehicle dealer fully
and accurately discloses to the purchaser that because of circumstances
unusual to the used motor vehicle dealer's business, the used motor vehicle
has a particular defect.
2. The purchaser agrees to buy the
used motor vehicle after disclosure of the defect.
3. Before the sale, the purchaser
indicates agreement to the waiver by signing and dating the following
conspicuous statement that is printed on the first page of the sales
agreement in bold-faced ten point or larger type and that is written in the
language in which the presentation was made:
Attention purchaser: sign here only if
the dealer told you that this vehicle has the following problem(s) and
that you agree to buy the vehicle on those terms:
J. The dealer has the burden to prove by
a preponderance of the evidence that the dealer complied with subsection I of
K. Any purchaser or seller who is
aggrieved by a transaction pursuant to this section and who seeks a legal
remedy shall pursue any appropriate remedy prescribed in title 47, chapter 2
and shall comply with the requirements prescribed in title 47, chapter 2.