Defining Arizona’s Lemon Law
Between endless repairs and frequent visits to the dealership, even the idea of driving around with a new car lemon is enough of a hassle. Beyond the financial pit a new car lemon can be, the safety risks that can come with driving a defective and unreliable vehicle means also possibly putting you, your family and community at risk. Recourse under both the Arizona and Federal Lemon Law is your key to restitution, so you can move on with your life and into a new car.
If you think you ended up with a lemon, here’s what you
need to know about Arizona’s Lemon Law.
What is Covered Under the Lemon Law in Arizona?
TIME IS NOT ON YOUR SIDE
When you buy a new car, you are usually covered under what is commonly known as the “bumper to bumper” warranty. This is a limited warranty that the manufacturer gives on all new cars. There are two lemon laws that apply to your new car purchase, the Arizona Lemon Law and the Federal Lemon Law, known as the Magnuson Moss Warranty Act.
While these laws give consumers powerful rights when a new vehicle has recurrent problems that affect the vehicle’s value or safety, TIME IS NOT ON YOUR SIDE! You only have two (2) years or 24,000 miles OR at the expiration of the original “bumper to bumper” limited warranty, WHICH EVER OCCURS FIRST. So what does this usually mean? Since most manufacturer’s offer a “three year/36,000 mile, bumper to bumper warranty, the two (2) year and 24,000 mile limitation will almost always apply as the deadline in which to timely notify the manufacturer of the defect. If you don’t, then your rights under the Arizona Lemon law will be lost.
When purchasing a NEW car, the time begins to run when the buyer takes DELIVERY of the vehicle. Don’t be fooled into believing that your lemon law claim under Arizona’s lemon law applies through out the entire duration of your limited “bumper to bumper warranty.” It does not in almost every circumstance. THE TIME BEGINS TO RUN WHEN YOU TAKE DELIVERY OF THE VEHICLE!!
Given the very technical notice requirements necessary to a valid claim under either state or federal lemon laws, trying to file without professional guidance can run out the clock and leave you stuck with a car that has created a safety issue or has substantially impaired the vehicle’s value.
DO NOT TRY AND DO IT ALONE.
The following vehicles are completely excluded from coverage under the current regulations:
- Vehicles sold for the purpose of resale for profit.
- Vehicles with a declared gross weight over 10,000 pounds.
- Vehicles sold at a public auction.
As the Consumer, You’ll Usually Be Facing the Manufacturer
For new cars that turn out to be lemons, often you’ll usually be facing the manufacturer of the car, not the dealership. Authorized dealers may be able to take on any repairs and can accept the return and replacement of the defective vehicle on behalf of the manufacturer.
When Should I Contact
Phoenix Lemon Law?
The time to put the manufacturer on notice of the defect has to occur with new cars within TWO YEARS OF DELIVERY, or within 24,000 miles. However, if you have the same issue that has NOT been resolved by the SECOND or THIRD attempt, OR your vehicle is approaching close to being in the dealer’s possession for a total of 30 calendar day, you should call us as to what further action you need to take.
Both the Arizona Lemon Law and the Federal Lemon Law require the consumer to give proper WRITTEN notice to the manufacturer and go through a mandatory mediation process before any lawsuit can be filed, (unless waived by the manufacturer), but the written notice requirements are specific and must be complied with to get the process started.
Your Entitlements Depend
on Several Factors
As the consumer, you have rights and protections under current lemon law in Arizona. However, certain preconditions apply. For starters, under the Arizona Lemon Law, your new car must be brought in to an authorized dealer at least 4 times, and the concern or issue SHOULD BE VERIFIED by the dealer in their repair order, and the problem is still not fixed, OR the vehicle is in the shop for more then a total of 30 calendar days for any issue.
Additionally, it must be proven that the defect substantially impairs value or the safety of the car in question. You must also be able to prove that the recurrent issue does not conform to the manufacturer’s express warranty.
TIME IS NOT ON YOUR SIDE!
Under current Arizona lemon law, the statute of limitations is “jurisdictional.” This means that any action must be taken within that narrow window or your could loose your rights forever to file under the Arizona Lemon Law.
Contact Arizona’s Lemon Law Attorney & Get Started
If you’ve taken your car in for the same repair repeatedly, it’s time to take action. Call George O. West, Esq. today to explore your representation options and learn whether you need to pursue further legal action to get a safer car. Phoenix Lemon Law is proud to serve clients throughout Arizona – call 480.237.9797 today to get started now!