Arkansas Lemon Law
Owning a defective car can be like a bad roller coaster ride. After the rush of excitement at buying a new car, there’s the sick feeling in the pit of your stomach upon realizing you own a lemon. Here is a summary of Arkansas lemon law.
New cars: Yes
Used cars: No
Business vehicles: Yes
Leased vehicles: Yes
Lemon law period: 2 years/24,000 miles
What is a Lemon Car Under Arkansas Lemon Law??
Arkansas lemon law covers new passenger vehicles, SUVs, vans, and trucks under 10,000 pounds, as well as RVs, that are purchased or leased in Arkansas, as well as used cars that are sold by dealers within two years or 24,000 miles of the original purchase (whichever period ends last). 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 first two years from the original owner’s delivery date or the first 24,000 miles on the odometer (whichever period ends last)
- Has been taken in three times for the same problem, has been taken in five times for a variety of problems, or if it has been out of service for 30 days due to a series of unrelated problems; if the defect is likely to cause death or serious bodily injury, the lemon law applies after the first repair attempt
- After the dealer has tried to repair the vehicle three times (or once in the event of a dangerous defect), the manufacturer has been notified and given an opportunity to repair the vehicle
Arkansas Statutes Title 4, Chapter 90, Sections 401-417, also known as the “Arkansas New Motor Vehicle Quality Assurance Act,” is the state’s new and leased car lemon law.
Getting Lemon Justice: Arkansas Lemon Law Relief
Arkansas 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
- Credits and allowances for any trade-in vehicle
- Costs of any options and other modifications added by the manufacturer or its authorized dealer
- Costs of sales tax, title taxes, license and registration fees, and finance charges
- Charges for renting a similar vehicle while the original vehicle was out of service because of the defect
- Expert fees
- Charges for extended warranty coverage provided by the manufacturer, its subsidiary, or agent
- Attorney’s fees
The amount of the monetary reward may be reduced by a deduction for the total mileage on the vehicle. This amount is calculated by multiplying the total contract price by the mileage driven at the time the vehicle was first brought into the dealer or manufacturer for repair, and dividing by 120,000.
Pursuing an AR Lemon Law Claim
Before you file a lemon Law claim and after the third repair attempt, you must first send a letter to the manufacturer, and give the manufacturer a final opportunity to fix the vehicle. The letter must be sent by certified mail, with a return receipt requested. Here’s a sample demand letter that you can adapt for your use.
After receiving your letter, the manufacturer has 10 calendar days to schedule a final repair attempt, and 10 calendar days to repair your vehicle once it is in the shop. If the repair is not made, you can demand a replacement vehicle or refund.
Prior to filing a lemon lawsuit in court, you must first participate in your vehicle manufacturer’s dispute resolution process (for example, arbitration, conciliation, or mediation) before you are eligible to file a lemon law claim. However, the decision in the dispute resolution process is not binding for you. In other words, you can file a lemon law claim in court if you disagree with the outcome.
How We Can Help
Wherever you are in the lemon law claim process, we’re happy to help. Whether you need help gathering the material documenting your lemon, submitting the final demand letter, negotiating a settlement, or suing the automaker, Lemberg Law will be at your side every step of the way.
Helping consumers is what we do. We’ve helped more than 12,000 people recover more than $35 million. You can read more about us here.
Remember that vehicle manufacturers have teams of lawyers that do nothing but fight lemon law claims. Lemon laws try to level playing field by forcing automakers to pay the consumer’s attorney fees in successful lemon law claims. That’s why our representation won’t cost you a dime.
There’s a limited window of opportunity for filing a lemon law claim. If you suspect you have an Arkansas lemon, give us a call today. We understand your frustration, and will do our best to deliver the justice you deserve.