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California Lemon Law
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Arkansas - Statute §4-90-401
- Vehicles Covered:
- Self-propelled Vehicles under 10,000lbs that are designed primarily for transportation of persons or property. Excludes living portions of motor homes.
- Persons Covered:
- Purchaser or lessee either for the purposes of lease or resale.
- Period Covered:
- Ends 2 years (24 month) after the vehicle is delivered to the consumer or the first 24000 miles attributable to the consumer, whichever is later.
- Notice Requirement:
- (a) Manufacturer - must provide a written state-approved notice to the consumer explaining the consumer's rights at the time of lease or purchase; (b) Consumer - none if the manufacturer has failed to notify the consumer of his/her rights at the time of lease or purchase, otherwise the consumer must notify the manufacturer by mail of the need to repair the nonconformity.
- Repair Requirements:
- After three attempts to repair a nonconformity which "substantially impairs" the motor vehicle or one attempt to repair a nonconformity that is life threatening or which could cause bodily injury, plus one final opportunity to repair.
- Affirmative Defenses:
- Nonconformity does not impair the use, value or safety of the vehicles; the nonconformity is the result of an accident, of abuse, neglect, or unauthorized alteration by the consumer; claim by consumer was not filed in good faith; other defenses allowed by law; statute of limitations.
- At the consumer's option, the manufacturer must replace with an identical or reasonably equivalent vehicle acceptable to the consumer, or refund the full purchase or lease price less a reasonable use and damage allowance (defined).
- Other Reimbursement:
- Collateral and reasonably incurred incidental charges. And (3), plus towing and rental costs; Attorney's fees and costs.
- Other remedies:
- Violation of the statute is a deceptive trade practice. There is no limit on other consumer remedies.
- Consumer must first submit to informal proceedings before commencing a civil action and collecting under the statute and (3) unless the manufacturer allows otherwise. The dispute procedure must comply with 16 C.F.R. 703.1 §4-90-414
- Resale of Lemon:
- Full written disclosure signed by the consumer required: same express warranty offered to the original purchaser (with a maximum of 1st 12,000 miles or one year required).
Disclaimer: Please note that statutes may have been amended since the book was originally published in 2005.
Please consult your Secretary of State or local DMV office for the most recent and up to date statutes for the California Lemon Law.