What is a Lemon Car Under Arizona Lemon Law?
Arizona new car Lemon Law covers passenger vehicles, SUVs, vans, trucks, and motorcycles that are purchased in Arizona and weigh less than 10,000 pounds; the motor and cab (but not the living quarters) of an RV; and used cars that are sold by dealers within the period of the vehicle’s express warranty, two years, or 24,000 miles of the original purchase (whichever comes first). In order to be considered a “lemon,” the vehicle must meet the following requirements:
- Does not conform to the manufacturer’s express warranty
- Has substantial defects affecting the use, safety, or value of the vehicle
- Has manufacturer’s defects that occurred during the manufacturer’s express warranty, the first two from the original owner’s delivery date, or the first 24,000 miles on the odometer (whichever period ends first)
- Has been taken in four times for the same problem or if it has been out of service for 30 calendars days due to the same problem
- After the dealer has tried to repair the vehicle four times, the manufacturer has been notified and given an opportunity to repair the vehicle
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Getting Lemon Justice — Relief Under Arizona Lemon Law
Arizona Lemon Law provides several options for a successful Lemon Law claimant. First, you may be awarded a replacement vehicle of the same year, make, and model. You may also qualify for a monetary award, which can include:
- The full contract price
- All collateral charges
- Attorney’s fees
The amount of the monetary reward may be reduced by a deduction for your use of the vehicle before you first notified the manufacturer or dealer of the defect, as well as the time you used the vehicle when it was not in for repair.
Pursuing an Arizona Lemon Law Claim
In order to be protected by Arizona lemon law, you must send a demand letter to the manufacturer and/or dealer, and file a lemon law claim within six months of the express warranty term, two years from the date of the vehicle, or 24,000 miles, whichever comes first. Here’s a sample demand letter that you can adapt for your use.
Once you send the letter, the manufacturer has the opportunity to repair the vehicle one last time. If that does not fix the problem, you must participate in the manufacturer’s dispute resolution process (for example, arbitration, conciliation, or mediation) if the program meets state standards.
From there, you can file a lemon law case in court.
Hiring a Lemon Law Lawyer in Arizona
Most vehicle manufacturers follow the principle of “No lawyer, no money.” In other words, they count on being able to outmaneuver the consumer who hasn’t retained a Lemon Law attorney. While Arizona Lemon Law requires consumers to participate in manufacturers’ dispute resolution processes, you’ll only be on equal footing if you have an advocate at your side. A lemon lawyer can present your case to the arbitrator or go to court and can call and question witnesses. His or her expertise enables your attorney to easily dispute the manufacturer’s claims.
But perhaps the most important reason to hire a Lemon Law lawyer is that it sends a clear signal to the manufacturer that you are serious about your claim, and are willing to sue them in order to get justice. Vehicle manufacturers have powerful legal teams that are adept at avoiding or stalling Lemon Law claims, and often only obey the law when they’re faced with the threat of a lawsuit by Lemon Law experts. When they are, they usually settle very quickly, since they know that the cost of going to court will be much higher. For these reasons, it’s in your best interest to have an advocate who knows the law and works on your behalf.
Keep in mind that, if you go to court, you shouldn’t have to pay a lemon lawyer to handle your Lemon Law case. That’s because the law says that the manufacturer is responsible for paying the consumer’s attorney’s fees in successful Lemon Law claims.
What Happens When You Hire a Lemon Law Lawyer?
A good lemon lawyer will work on your behalf to get the compensation to which you’re entitled – typically in the form of a refund, a replacement vehicle, or a cash settlement. Your Lemon Law attorney will ask you for all of your records, such as repair orders and correspondence, that pertain to your lemon. Your lawyer will conduct a thorough investigation of your vehicle’s repair history, then present the manufacturer with a statement outlining your case and demanding full recovery. More often than not, the manufacturer will settle; if not, though, your Lemon Law attorney should be prepared to sue the manufacturer. Your lawyer should be able to resolve your case within one to two months.
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If you think you have a lemon car, lemon truck, lemon RV, or lemon motorcycle, you deserve to be compensated. Lemberg Law can help you get justice – at no cost to you! Complete our form for a no-obligation case evaluation, or call toll free 855-301-2100.