When you buy a new car, you expect it to be free from any major defects; but that isn't always the case. A newly purchased automobile with a defect (or "nonconformity") that renders it inoperable or significantly reduces its value is referred to as a lemon. State "lemon laws" are intended to protect consumers from being stuck with new vehicles -- relatively pricey purchases -- that do not live up to the terms of their warranties. Generally, lemon laws require the dealer and/or manufacturer to either replace or refund a new vehicle that fails to live up to its warranty within a specified amount of time (usually one year) or mileage limit.
Arkansas Lemon Law at a Glance
Under the state's New Motor Vehicle Quality Assurance Act, car purchasers have up to two years or 24,000 miles (whichever comes first) in which to request a remedy for a car considered to be a lemon. Consumers must make good-faith efforts to get the problem(s) fixed, though. In fact, the statute requires consumers to provide dealers with "written notice of the nonconformity" before being eligible for a replacement or refund.
Dealers/manufacturers are allowed three attempts to repair any one given nonconformity, or one attempt if the problem has the potential to cause serious bodily injury or death. It's not always clear whether an automobile may legally qualify as a lemon, however, so you may want to consult an attorney if you have any questions.
Additional details of Arkansas lemon law are listed below. See FindLaw's Lemon Law section for additional articles.
Code Section | 4-90-401, et seq. |
Title of Act | New Motor Vehicle Quality Assurance Act |
Definition of Defects | Nonconformity to applicable manufacturer's express warranty or implied warranty of any defect/condition that substantially impairs use, value, or safety of motor vehicle |
Time Limit for Manufacturer Repair | 24 months following delivery of vehicle or 24,000 miles, whichever comes later |
Remedies | Consumer's option: replace with new motor vehicle acceptable to consumer or repurchase motor vehicle and return full purchase plus collateral and reasonably incurred incidental charges; less reasonable offset for use and physical damage |
Note: State laws are not set in stone and may change as a result of new legislation, opinions by higher courts, or through other means. While we strive to ensure the accuracy of these pages, you may also want to contact an Arkansas consumer protection attorney or conduct your own legal research to verify the state law(s) you are researching.
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