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Arizona Lemon Law
Arizona
Revised Statutes §§ 44-1261 to 44-1265
44-1261
. Definitions; exemptions
A.
In this article, unless the context otherwise
requires:
1.
"Consumer" means the purchaser,
other than for purposes of resale, of a motor
vehicle, any person to whom the motor vehicle
is transferred during the duration of an
express warranty applicable to the motor
vehicle or any other person entitled by the
terms of the warranty to enforce the
obligations of the warranty.
2.
"Motor vehicle" means a
self-propelled vehicle designated primarily
for the transportation of persons or property
over the public highways.
B.
If the motor vehicle is a motor home, the
provisions of this article shall apply to the
self-propelled vehicle and chassis but does
not include those portions of the vehicle
designed, used or maintained primarily as a
mobile dwelling, office or commercial space.
C.
The provisions of this article do not apply
to a motor vehicle with a declared gross
weight over ten thousand pounds.
44-1262
. New motor vehicle; repair during express
warranty or two years or twenty-four thousand
miles
A.
If a new motor vehicle does not conform to
all applicable express warranties:
1.
A consumer shall report the nonconformity to
the manufacturer, its agent or its authorized
dealer or issuer of a warranty during the
shorter of the following:
(a)
The term of the express warranty.
(b)
The period of two years or twenty-four
thousand miles following the date of original
delivery of the motor vehicle to the
consumer, whichever is earlier.
2.
The manufacturer, its agent or its authorized
dealer or the issuer of a warranty shall make
those repairs that are necessary to conform
the motor vehicle to such express warranties,
even if the repairs are made after the
expiration of the term or two year period or
twenty-four thousand mile limit.
B.
This section does not limit in any way the
remedies available to a consumer under a new
motor vehicle warranty that extends beyond
the limits prescribed in this section.
44-1263
. Inability to conform motor vehicle to
express warranty; replacement of vehicle or
refund of monies; affirmative defenses
A.
If the manufacturer, its agents or its
authorized dealers are unable to conform the
motor vehicle to any applicable express
warranty by repairing or correcting any
defect or condition which substantially
impairs the use and value of the motor
vehicle to the consumer after a reasonable
number of attempts, the manufacturer shall
replace the motor vehicle with a new motor
vehicle or accept return of the motor vehicle
from the consumer and refund to the consumer
the full purchase price, including all
collateral charges, less a reasonable
allowance for the consumer's use of the
vehicle. The manufacturer shall make refunds
to the consumer and lienholder, if any, as
their interests appear. A reasonable
allowance for use is that amount directly
attributable to use by the consumer before
his first written report of the nonconformity
to the manufacturer, agent or dealer and
during any subsequent period when the vehicle
is not out of service by reason of repair.
B.
It is an affirmative defense to any claim
under this article that either:
1.
An alleged nonconformity does not
substantially impair the use and market value
of the motor vehicle.
2.
A nonconformity is the result of abuse,
neglect or unauthorized modifications or
alterations of the motor vehicle.
44-1264
. Reasonable number of attempts to conform
motor vehicle to express warranty;
presumption
A.
It is presumed that a reasonable number of
attempts have been undertaken to conform a
motor vehicle to the applicable express
warranties if either:
1.
The same nonconformity has been subject to
repair four or more times by the manufacturer
or its agents or authorized dealers during
the shorter of the express warranty term or
the period of two years or twenty-four
thousand miles following the date of original
delivery of the motor vehicle to the
consumer, whichever is earlier, but the
nonconformity continues to exist.
2.
The motor vehicle is out of service by reason
of repair for a cumulative total of thirty or
more calendar days during the shorter of the
express warranty term or the two year period
or twenty-four thousand miles, whichever is
earlier.
B.
The term of an express warranty, the two year
period and the thirty day period are extended
by any period of time during which repair
services are not available to the consumer
because of any war, invasion, strike, fire,
flood or other natural disaster.
C.
The presumption prescribed in this section
does not apply against a manufacturer unless
the manufacturer has received prior direct
written notification from or on behalf of the
consumer of the alleged defect and has had an
opportunity to cure the alleged defect.
44-1265
. Nonlimitation of rights; refund or
replacement not required if certain
procedures not followed; attorney fees
A.
If a manufacturer has established or
participates in an informal dispute
settlement procedure which complies in all
respects with 16 code of federal regulations
part 703, section 44-1263 relating to refunds
or replacement does not apply to any consumer
who has not first resorted to such a
procedure.
B.
A consumer shall begin an action under this
article within six months following the
earlier of expiration of the express warranty
term or two years or twenty-four thousand
miles following the date of original delivery
of the motor vehicle to the consumer,
whichever is earlier. If a consumer prevails
in an action under this article, the court
shall award the consumer reasonable costs and
attorney fees.
44-1266
. Notice to dealers and prospective
purchasers
A.
A manufacturer who has been ordered by
judgment or decree to replace or repurchase a
motor vehicle pursuant to this article or the
repair or replace laws of another state
shall, before offering the motor vehicle for
resale, attach to the motor vehicle written
notification indicating the motor vehicle has
been replaced or repurchased. A consumer has
a cause of action against any person who
removes the written notification from the
motor vehicle, except as provided in
subsection B of this section.
B.
A motor vehicle dealer, broker, wholesale
motor vehicle dealer or wholesale motor
vehicle auction dealer as defined in section
28-4301 who offers for sale a motor vehicle
that has been replaced or repurchased
pursuant to this article or the repair or
replace laws of another state shall provide
the purchaser with the manufacturer's written
notification indicating that the motor
vehicle has been replaced or repurchased
before completion of the sale.
C.
It shall constitute an affirmative defense in
an action brought pursuant to subsection A of
this section against a motor vehicle dealer
or an agent of a motor vehicle dealer that
the notification described in subsection A of
this section was removed by someone other
than the dealer or agent without the
knowledge of the dealer or agent.
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