Alaska Lemon Law
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Alaska Lemon Law Overview
Lemon laws generally refer to statutes that protect consumers who purchase defective vehicles or other products that fail to meet quality and performance standards. In Alaska, the relevant statutes addressing lemon laws for motor vehicles are found under Title 45, Chapter 45, Article 6 of the Alaska Statutes.
Definition of Nonconformity Under Alaska’s Motor Vehicle Lemon Law
A “nonconformity” is defined as a defect or condition in a motor vehicle caused by the manufacturer, distributor, dealer, or repairing agent that substantially impairs the use or market value of the vehicle (AS § 45.45.360).
Repair Obligations
If a new motor vehicle does not conform to an express warranty and the defect is reported to the manufacturer or dealer during the warranty term, the manufacturer, distributor, dealer, or repairing agent must make the necessary repairs to conform the vehicle to the warranty (AS § 45.45.300).
Replacement or Refund
If the manufacturer, distributor, dealer, or repairing agent cannot conform the vehicle to the warranty after a reasonable number of attempts during the warranty term or within one year of delivery, the manufacturer or distributor must either replace the vehicle with a comparable new vehicle or refund the full purchase price, less a reasonable allowance for use (AS § 45.45.305).
Reasonable Allowance for Use
A “reasonable allowance” for use is calculated based on straight-line depreciation over seven years, plus any depreciation caused by neglect, abuse, or body damage not related to the nonconformity (AS § 45.45.360).
Scope of Alaska’s Lemon Law Protections
The lemon law applies to motor vehicles that are self-propelled, have four or more wheels, are normally used for personal, family, or household purposes, and are required to be registered under Alaska law. It excludes tractors, farm vehicles, and vehicles designed primarily for off-road use (AS § 45.45.360).
Consumer Rights
Consumers have the right to enforce the warranty and seek remedies if the vehicle fails to conform to the warranty. The law provides protections against defects that substantially impair the use or market value of the vehicle.
These statutes collectively establish the framework for Alaska’s lemon law protections, ensuring that consumers have recourse when purchasing defective motor vehicles.
Reasonable Number of Repair Attempts
First, for a single defect or condition that defies repairs, the Lemon Law says:
(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;
Second, for a motor vehicle that has been out of service for an unreasonable period of time due to a single or multiple defects, the Lemon Law says:
(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;
If you believe your vehicle may qualify as a lemon under Alaska law, contact Auto Lemon Lawyer today for guidance.
Why You Can Trust Auto Lemon Lawyer
- We Listen. The details of your experience and the damages it has caused you and your family are extremely important to us and your Lemon Law case.
- We Care. With us, you are not a number, a file in a cabinet, you are one of a kind and you matter, especially in your Lemon Law matters!
- Available Resources. We have the financial resources needed to take all measures necessary to provide for the best possible result in your Lemon Law case.
- Experience & Skills. Over 30 years of trial and courtroom experience, including extensive Lemon Law cases.
- Commitment. My life has always been based upon the philosophy if it is worth doing then it is worth doing it right. The value of the Lemon Law case has never dictated my effort or commitment. I do it one way, the right way, especially with Lemon Law.
- Integrity. Honor and character are the foundation of our firm, a principle we uphold in every Lemon Law case.
- Results. While we cannot promise results, we can promise hard work, commitment and integrity which have resulted in the recovery of millions on behalf of our Lemon Law clients. If you demand individual attention and a Lemon Law attorney who is committed to doing his best to represent you, especially in Lemon Law related cases, then you have found that attorney. Contact us and we will fight for you.
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