How does the lemon law process work in Arizona?
Arizona's lemon law process is enforced through civil court, with manufacturer-sponsored arbitration available as an alternative.
1. Governing Statute
A.R.S. §§ 44-1261 through 44-1267 (Motor Vehicle Lemon Law) for new vehicles, and A.R.S. §§ 44-1268 through 44-1268.07 (Used Motor Vehicle Lemon Law). Enforcement assistance through the Arizona Attorney General's Consumer Protection and Advocacy Section.
2. Coverage
New Car Lemon Law covers new motor vehicles purchased and registered in Arizona, including the self-propelled chassis of a motor home, but excluding the portion designed and used as living quarters. Excluded: motorcycles, mopeds, vehicles over 10,000 lbs GVWR, and used vehicles. Leased vehicles are covered. Used Car Lemon Law covers cars under 24 months old / 100,000 miles bought from a dealer.
3. Lemon Presumption
Under A.R.S. § 44-1264, a reasonable number of attempts is presumed if within 2 years from delivery or 24,000 miles, whichever first: (a) the same nonconformity has been subject to repair 4 or more times, or (b) the vehicle is out of service for repair 30+ cumulative calendar days.
4. Notice to Manufacturer
The consumer must notify the manufacturer in writing of the need for repair so the manufacturer can avail itself of any opportunity to cure under its warranty (§ 44-1263).
5. Manufacturer's Buy-Back / Replacement
At the consumer's option, manufacturer must replace the vehicle with a comparable new vehicle or refund the purchase price (including collateral charges) minus a reasonable allowance for use (§ 44-1263(A)(2)).
6. Arbitration
If the manufacturer has a state-certified informal dispute settlement procedure (e.g., BBB AUTO LINE), the consumer must first resort to it before commencing court action (§ 44-1265). Decision binds only the manufacturer.
7. Lawsuit & Fee-Shifting
The Lemon Law itself does not provide an explicit fee-shifting provision, but parallel claims under the federal Magnuson-Moss Warranty Act (15 U.S.C. § 2310(d)) and the Arizona Consumer Fraud Act (A.R.S. § 44-1521) are typical and provide attorney-fee recovery for prevailing consumers.
This is legal information, not legal advice.
- Used vehicle defect within 15-day/500-mile window denied by dealer
- Magnuson-Moss federal claim for attorney-fee leverage
- Motor home with chassis defect but RV-living-area complications
- A.R.S. §§ 44-1261 to 44-1267 (Motor Vehicle Lemon Law)
- A.R.S. §§ 44-1268 to 44-1268.07 (Used Motor Vehicle Lemon Law)
- A.R.S. § 44-1521 (Consumer Fraud Act)
- 15 U.S.C. § 2301 (Magnuson-Moss)
- 16 CFR Part 703
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.