As a vehicle owner in Arkansas, you may have heard about the Arkansas Lemon Law but may not fully understand its implications and how it can protect your investment. This comprehensive guide will provide you with detailed information about the AR Lemon Law, its scope, your rights as a consumer, and the steps to take if you find yourself with a defective vehicle.
Arkansas Lemon Law: Scope and Coverage
The Arkansas Lemon Law (Arkansas Code §4-90-401 through 4-90-415) is designed to protect consumers who purchase or lease new vehicles. This law covers:
- Passenger vehicles: Vehicles designed primarily for the transportation of persons.
- Trucks: Vehicles with a gross vehicle weight rating (GVWR) of less than 13,000 pounds, designed primarily for carrying property.
- Motorcycles: Vehicles with a seat for the rider and powered by a motor with a capacity of more than 250 cubic centimeters.
The Lemon Law does not cover used vehicles, commercial vehicles, mopeds, or vehicles that are not registered in Arkansas. The law applies to vehicles within the first two years of ownership or 24,000 miles, whichever occurs first.
Defining a Lemon Vehicle in Arkansas
A vehicle is considered a lemon under Arkansas law if it meets the following criteria:
- A nonconformity (defect or condition) that substantially impairs the vehicle’s use, value, or safety.
- The nonconformity is not caused by abuse, neglect, or unauthorized modifications by the owner.
- The nonconformity is not corrected after a reasonable number of attempts to repair it.
A reasonable number of repair attempts is defined as:
- At least three attempts for the same nonconformity without success.
- At least one attempt if the nonconformity is likely to cause death or serious bodily injury.
- The vehicle is out of service due to repairs for a total of 30 or more calendar days.
AR Lemon Law: Consumer Rights and Remedies
If your vehicle meets the lemon criteria, you have the right to request a replacement or refund from the manufacturer. The manufacturer must provide one of the following remedies:
- Replacement: A comparable new vehicle that is identical or reasonably equivalent to the vehicle being replaced.
- Refund: A refund of the full purchase price, including finance charges, taxes, fees, and collateral charges, minus a reasonable allowance for use.
If the manufacturer does not comply with your request, you may pursue an informal dispute resolution procedure through the Better Business Bureau (BBB) Auto Line program or any other certified dispute resolution program. If the informal process fails, you can file a lawsuit under the Arkansas Lemon Law.
Steps to Protect Your Rights Under the Arkansas Lemon Law
To protect your rights and increase your chances of a successful claim, follow these steps:
- Keep all documentation: Maintain detailed records of all repair attempts, including dates, issues reported, and work performed. Keep receipts, invoices, and any communication with the manufacturer or dealership.
- Notify the manufacturer: If the vehicle still has unresolved issues after a reasonable number of attempts, send a written notice to the manufacturer via certified mail, return receipt requested. Include a description of the nonconformity, repair attempts, and your request for a replacement or refund.
- Allow one final repair attempt: The manufacturer has ten days to respond to your notice and must be given one final opportunity to repair the vehicle if they request it. Keep records of this final repair attempt.
- Initiate the informal dispute resolution process: If the manufacturer does not comply with your request, initiate the informal dispute resolution process through the BBB Auto Line program or another certified program. Follow their guidelines and provide all necessary documentation.
- Consult with an attorney: If the informal process does not resolve the issue, consult with an attorney who specializes in lemon law cases. They can guide you through the legal process and help you protect your rights.
- File a lawsuit: If all other remedies fail, you may file a lawsuit under the Arkansas Lemon Law. You must file the lawsuit within three years of the date you first reported the nonconformity to the manufacturer or an authorized dealer.
Preventing Lemon Law Issues: Tips for a Smart Vehicle Purchase
To minimize the risk of purchasing a lemon vehicle, follow these tips:
- Research the vehicle: Read reviews, consumer reports, and forums to learn about common issues and reliability ratings for the vehicle you are considering.
- Inspect the vehicle: Have a trusted mechanic inspect the vehicle before purchase, even if it is new. They can identify potential issues or signs of previous damage.
- Ask for the vehicle’s history: Request a vehicle history report from the dealer or a third-party service. This report can reveal past accidents, repairs, and other issues.
- Read the warranty: Understand the terms and coverage of the manufacturer’s warranty. Be aware of any limitations or exclusions.
- Maintain your vehicle: Follow the manufacturer’s recommended maintenance schedule and keep records of all service appointments. Proper maintenance can prevent issues and help you identify problems early on.