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Arizona Lemon Law

On Behalf of | Sep 28, 2022 | Badger Blog

ARIZONA’S LEMON LAW PROTECTS YOU!

There is nothing more annoying and frustrating than car trouble. And if it’s a vehicle you just purchased, add insult to injury.  Maybe your transmission has failed multiple times. Maybe your engine has stopped working and continues to do so after multiple visits to the dealership. Maybe even your door locks continue to fail to work. Fortunately, the law provides some relief.

If you bought a used vehicle, it must, for a period of fifteen days or 500 miles (whichever occurs earlier) function in a safe condition

and be “substantially free of any defect that significantly limits the use of the motor vehicle for the ordinary purpose of transportation of any public highway.” A.R.S. § 44-1267.

This is called an “implied warranty of merchantability.” The seller cannot disclaim this warranty.

NOTICE

You must give the seller reasonable notice of any breach, and a reasonable opportunity to repair the vehicle. You’ll have to pay half the cost of the first two repairs, up to a maximum of $25 each. If the vehicle is not repaired despite giving the seller a reasonable opportunity to do so, you can seek a refund of the purchase price, plus attorneys’ fees if applicable.

If you bought a new vehicle, you may also have recourse under the lemon law. If the seller or manufacturer cannot cure a breach of any express warranty by repairing or correcting any defect “which substantially impairs the use and value of the motor vehicle to the consumer after a reasonable number of attempts,” the manufacturer must either replace the vehicle with a new vehicle or give you a refund of the full purchase price, less a reasonable allowance for your use of the vehicle. A.R.S. § 44-1263. Attorney’s fees are also available, if applicable, for this breach of warranty.

What are “a reasonable number of attempts?”  The law presumes a reasonable number of attempts have happened if:

  1. The same defect has been subject to repair four or more times within the shorter of the express warranty period, or two years or 24,000 miles, whichever is earlier;
  2. The vehicle is out of service because of repairs for a cumulative total of 30 or more calendar days during the shorter of the express warranty period, or two years or 24,000 miles, whichever is earlier.

If you’ve been injured and need a lawyer who will fight for your rights, call Law Badgers at CALL (833 DTF IGHT) or email us at [email protected] We’re here to help.

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