Arizona Lemon Law
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Arizona Lemon Law Overview
Arizona provides statutory protections for consumers who purchase defective motor vehicles or assistive devices that fail to conform to an express warranty. These protections include repair obligations, refund or replacement remedies, and specific criteria for determining when a reasonable number of repair attempts has been made.
Arizona’s Motor Vehicle Lemon Law
Under A.R.S. § 44-1263, if a manufacturer or its authorized agents cannot conform a motor vehicle to an express warranty after a reasonable number of repair attempts, the manufacturer must:
- Replace the vehicle with a new one, or
- Refund the full purchase price, including
- Collateral charges
- Less a reasonable allowance for use
A manufacturer may assert affirmative defenses, including:
- The nonconformity does not substantially impair the vehicle’s use or market value
The nonconformity resulted from abuse, neglect, or unauthorized modifications
Presumption of a Reasonable Number of Repair Attempts
Under A.R.S. § 44-1264, a reasonable number of attempts is presumed if:
- The same nonconformity has been subject to repair four or more times, or
- The vehicle is out of service for repair for a total of 30 or more calendar days
This presumption applies during the warranty term or within two years or 24,000 miles of delivery, whichever occurs first.
Used Motor Vehicle Warranty
Arizona imposes warranty obligations on used vehicle dealers under A.R.S. § 44-1267.
Dealers must provide an implied warranty of merchantability for:
- 15 days, or
- 500 miles,
whichever is earlier.
This warranty guarantees the vehicle is:
- Safe, and
- Substantially free of defects that significantly limit its use for ordinary transportation
Dealers may not disclaim this warranty during the required period. Any attempt to do so renders the purchase agreement voidable at the buyer’s option.
Assistive Device Lemon Law
Under A.R.S. § 44-1352, manufacturers of assistive devices must provide a one-year express warranty against defects, malfunctions, or conditions that substantially impair the device’s use, safety, or value.
If the manufacturer cannot repair a nonconformity after a reasonable attempt, the consumer may require the manufacturer to:
- Replace the device, or
- Refund the purchase price, including
- Collateral costs
- Minus a reasonable allowance for use
A “reasonable attempt to repair” is defined in A.R.S. § 44-1351 as:
- At least two repair attempts for the same nonconformity, or
The device being out of service for repair for at least 30 cumulative days
Summary
Arizona’s consumer protection laws provide:
- Refund or replacement rights for vehicles that cannot be repaired after reasonable attempts
- Presumptions for determining when repair attempts are sufficient
- Mandatory 15-day/500-mile implied warranty for used motor vehicles
- One-year warranty protections for assistive devices
- Remedies for defects that substantially impair use, safety, or value
If you believe your vehicle may qualify as a lemon under Arizona 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.
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- 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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