Arkansas Lemon Law

Arkansas Vehicle Lemon Law

There is nothing quite like that feeling when you leave a dealer in your new vehicle. It is an exciting time, after all for most people their vehicle is the second largest purchase they ever make, but what happens if things go wrong? It is rare, but some new cars develop problems that never seem to be fixed and are simply too unreliable to be used as transport. A buyer can’t be blamed because the Arkansas Lemon Law is the last thing on their mind while shopping.

While most new vehicles will be fine, what do you do if your vehicle turns out to have these problems? Not everyone is aware, but the AR lemon law is legislation designed to protect consumers in just this situation. Covering both leased and purchased vehicles that are primarily designed to operate on the public highways, including cars, SUVs, trucks and the chassis, chassis cab and drivetrain of a motor home. It does not include the living quarters of a motorhome, any vehicle with a gross vehicle weight greater than 13,000 pounds, nor mopeds and motorcycles. It applies for two years or 24,000 miles from the date of delivery of the vehicle, whichever comes sooner, and is designed to help consumers obtain either a replacement vehicle or a refund of their costs.

If the lemon law in Arkansas is new to you, then it can give you extra confidence when looking to take out a new vehicle lease or make a purchase. But, as with everything legal, there are some things you need to know, such as what makes a lemon car in Arkansas, how to claim and so on. To help you avoid costly mistakes, we have put together this guide to making the most of the protections the Arkansas lemon law provides.

How does a vehicle qualify for the lemon law in Arkansas?

Finding problems with your new vehicle is frustrating, but not every problem makes your vehicle a lemon car in Arkansas. Not all problems are covered by the AR Lemon Law statute, there are certain limits that must be passed before you can make a claim using the Arkansas lemon law. They are there to protect everyone, because if a replacement vehicle or refund could be applied to every minor problem, there would be few dealers or manufacturers left to provide the vehicles we all need.

If you do have a problem, the dealer should seek to remedy it as quickly as possible, but if you want to make a claim under the lemon law in Arkansas, there are some specific requirements that must be met.

What makes a lemon car in Arkansas?

AR lemon law can be applied to any vehicle that meets the following requirements within two years or 24,000 miles of delivery, whichever comes first:

There have been two or more attempts to rectify an issue that is likely to cause death or serious injury if the vehicle is driven

  • The manufacturer or dealer have made three or more attempts to solve a particular issueunder warranty, in addition to a final repair attempt after receipt of registered mail notice from the consumer.
  • If the problem is likely to cause death or serious bodily injury and the manufacturer or dealer have made two attempts to repair without success, in addition to a final repair attempt after receipt of registered mail notice from the consumer.
  • The vehicle has been unavailable to use for more than thirty calendar days in total, not necessarilyconsecutively, when dealing with warranty problems.
  • There have been five or more attempts to repair problems on separate occasions that together substantially impair the use and value of thevehicle to the consumer.

It is important to note that in all cases, it must be the manufacturer or authorized dealer or repair center who carry out any repair attempt. Using third party organizations will void any warranty and prevent a claim under the lemon law in Arkansas.

Demonstrating that the AR lemon law applies

Depending on the nature of the problem, the lemon law in Arkansas only becomes applicable if the manufacturer or authorized dealer has made three unsuccessful attempts to repair it. If the problem is one that could lead to death or serious injury, then that falls to two repair attempts. In addition, if the vehicle is unavailable to you due to having repairs carried out for a cumulative total of thirty calendar days or more, then it can be c0nsidered a lemon car in Arkansas. Finally, if vehicle requires five or more separate repair attempts to fix several issues, then again you can make a claim.

However, this is a legal process, so it is not just a question of knowing any of these events has occurred, you must be able to prove it. That means taking a disciplined approach to any issues with your new vehicle.

Document everything

If you have any problem with a new vehicle, you don’t know if it will be a minor fix or turn into an Arkansas lemon law claim, so follow these steps when dealing with any problem that arises with your vehicle:

  • Make notes of phone calls about the vehicle. The dates, name of the person you talked to and the content of the call.
  • Keep every item of written correspondence, make notes about service bills to highlight remedial work.
  • Insist your dealer includes any conversations in their service notes regarding ongoing issues.

In this way you will have a complete record of the process to reinforce your claim under the lemon law in Arkansas.

Follow manufacturer’s recommendations

If you are having issues like this, it can be a frustrating experience and the temptation is to give up on the vehicle. However, to ensure your vehicle is covered by the AR lemon law, it is important to maintain your warranty. That means following regular service schedules and only allowing authorized dealers to work on the vehicle. Yes, even if you are beginning a lemon law claim, if the vehicle is due a service, ensure it gets done.

Remedies from the Lemon Law in Arkansas

The legislation outlines the remedies available to consumers for a successful claim, and for purchased vehicles they include:

  • A replacement vehicle of comparable value
  • Refund of the vehicle purchase price less a reasonable offset for use during this period. In addition, reimbursement for collateral costs including finance charges, sales tax and so on as well as incidental charges such as towing costs, vehicle hire etc.

For leased vehicles:

  • A refund of all deposit and rental payments less an offset for use
  • Incidental charges including towing costs and costs incurred in replacement transport.

Filing a claim under Arkansas Lemon law

While it is possible to file your own claim, manufacturers will actively contest any lemon law claim, and as such you will be facing an expensive legal team. With this in mind, it is much better to seek the help of an experienced lemon law specialist, who can help you shape an effective case that gives your claim the best chance of success.

Under the lemon law in Arkansas, the cost of your legal support is also included in the remedies available. With the right legal guidance, you can put together a successful lemon law claim in Arkansas.

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