Arkansas Lemon Law
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Arkansas Lemon Law Overview
Arkansas provides statutory remedies for consumers who purchase new motor vehicles that cannot be repaired after a reasonable number of attempts. The Arkansas New Motor Vehicle Quality Assurance Act (A.C.A. § 4-90-401 et seq.) outlines the definition of nonconformity, the applicable warranty period, repair obligations, refund and replacement procedures, and required documentation.
Definition of Nonconformity Under Arkansas’ Motor Vehicle Lemon Law
Under A.C.A. § 4-90-403(13), a nonconformity is any defect or condition that:
- Substantially impairs the use,
- Substantially impairs the market value, or
- Substantially impairs the safety of a motor vehicle, or
Renders the vehicle nonconforming to the terms of the manufacturer’s express or implied warranty
Motor Vehicle Quality Assurance Period
The lemon law protections apply during the motor vehicle quality assurance period, defined in A.C.A. § 4-90-403(12) as:
- Beginning on the date of original delivery, and
Ending 24 months after delivery or after the first 24,000 miles of operation, whichever is later.
Manufacturer’s Obligation to Repair
Under A.C.A. § 4-90-406(a):
- The manufacturer must repair a nonconformity within a reasonable number of attempts
- A defect is presumed unrepairable if:
- It persists after three repair attempts, or
- It is a defect likely to cause death or serious bodily injury and is not repaired after one attempt
When either of these circumstances occurs, the consumer must notify the manufacturer in writing to allow a final repair attempt.
Replacement or Refund
If the manufacturer cannot correct the nonconformity within a reasonable number of attempts, A.C.A. § 4-90-406(b) entitles the consumer to:
- A replacement vehicle, or
- A refund of the full purchase price or lease price,
- Minus a reasonable offset for use
- Minus any amount attributable to physical damage
Reasonable Offset for Use
The reasonable offset for use is calculated under A.C.A. § 4-90-406(b)(3) as:
(Purchase Price) × (Miles Driven Before First Repair Attempt ÷ 120,000)
Documentation Requirements
Under A.C.A. § 4-90-411, manufacturers or dealers must provide a written repair order each time the vehicle is brought in for repair.
The repair order must include:
- References to all defects or complaints reported by the consumer
- Documentation of the work performed
Legislative Intent
The Arkansas General Assembly declares, under A.C.A. § 4-90-402, that defective motor vehicles create significant hardships for consumers. The statute is intended to ensure:
- Prompt handling of warranty complaints
- Effective procedures for replacement or refund when a vehicle cannot be brought into conformity with the warranty
Sales Tax Refunds
Under A.C.A. § 26-52-515, when a manufacturer repurchases a vehicle under the lemon law, the manufacturer may apply for a refund of the sales tax paid on that vehicle, subject to statutory conditions.
Summary
Arkansas law provides:
- A clear definition of nonconformity
- A 24-month/24,000-mile protection period (whichever is later)
- Repair obligations and presumptions for unrepairable defects
- Replacement or refund remedies
- A statutory formula for use offsets
- Required repair documentation
- Legislative recognition of consumer hardship
- Sales tax refund rights for manufacturers repurchasing vehicles
If you believe your vehicle may qualify as a lemon under Arkansas 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.
Real Clients, Real Results
Thank you so much Kaven was one of the best help me out with the settlement
Kevin was absolutely phenomenal to work with. This was about as straightforward and easy of a process as I’ve ever experienced. I can not recommend the Lemon Lawyer enough.
I was referred by a coworker that was going through the very same experience that I was. Everything he said about the Law Firm was true down to the T. They are very thorough in their proceedings. They also provide you with enough information to make the process very seamless. I was updated and communicated with through the whole process. I have to say they fight very hard for you and on your behalf. These people really know what they’re doing.
Awesome people to work with. If I had to again I wouldn’t choose anyone else to represent me.
Mr. Duck handled my case so smoothly. I purchased a brand new Grand Wagoneer and it spent more time in the shop than I want to even think about. By time I hired Mr. Duck, the car still wasn't completely fixed but we went down this path and did settle. I wasn't comfortable settling until they agreed to complete all repairs, Mr. Duck went above and beyond going back to them to negotiate the completion of repairs on top of the settlement. It was such an easy process on my end and Mr. Duck and his associates were great to work with. Highly recommend.
Duck Law firm did an awesome job! I wish been able to get a new truck out of the deal but the extra cash helped. These trucks are not built the way use to be — so far my new 2024 hasn’t given me any issues! 2020 & 2022 both lemons
Duck Law Firm was excellent in resolving my lemon issue. They followed through with the process, and I received far more than they initially estimated I would when the case was resolved. I will recommend them to anyone who is going through an unfortunate lemon issue!
Handled our settlement with ease. We did not have to do a thing and they did all of the work. Very pleased with our transaction.
My last hope was Duck Law Firm, and they successfully resolved my case. I had lost all hope of my truck being restored to its normal condition. After months of back-and-forth interactions with the dealership, I finally contacted Mr. Duck. He thoroughly explained the process, which proved to be surprisingly straightforward. The firm required my vehicle's documents and any relevant work history. Throughout the process, I provided updates, and they kept me informed. Ultimately, I received a substantial settlement that compensated for the months of distress I endured. I advise against allowing any dealership to take advantage of you. If you encounter any questionable issues, I recommend reaching out to Duck Law
Mr. Duck is one of the top attorneys you will ever meet. I, personally, have been represented by his firm and I could not have asked for better representation. He is the ultimate professional that takes a personal approach for all his clients. Highly recommend Mr. Duck.
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