To start an Arizona lemon-law claim, promptly report the defect, preserve complete repair records, and give the manufacturer or dealer the required opportunity to fix the problem. Consumers should also send written notice, follow any qualifying dispute-resolution process, and act before the applicable filing deadline.
Starting your lemon law claim in Arizona is not as simple as informing a dealer about the defect in the vehicle. Success in your lemon law claim requires some important steps, such as informing the dealer on time, having complete repair documents, following the procedures provided by the manufacturer, and proving that your defect meets statutory requirements.
Confirm Which Protection Applies
When it comes to a new car, the defect must also violate an applicable warranty requirement, and the defect should be reported during the warranty period or within two years or 24,000 miles of the delivery of the car, whichever occurs first. The fact that the defect is reported in time does qualify it for warranty repair even if the time of repair falls outside the warranty period.
The treatment of used vehicles bought from licensed dealers in Arizona is different. The legal guarantee of used vehicles continues to be effective until 15 days after delivery or until the vehicle has been driven a total of 500 miles. The car must be roadworthy and free of serious defects affecting normal operation.
Report the Defect Immediately
If there are any vehicle problems, contact the official dealer. For pre-owned vehicles that qualify for warranty coverage, contact the sales dealer. Make sure that you provide a detailed description of the symptoms. Do not use vague terms like the car acts funny. Include the events occurring in relation to the car defect, when they happen, what warning lights appear on the dashboard, and whether the defect complicates the use of the machine.
Acquire a record of the repair order anytime the vehicle is checked or repaired. Make sure it provides complete details about the complaint, mileage, time of entry and exit, the outcome of diagnosis, replacement parts and types of work done. Maintain bills and contracts of purchase, warranties, photos, videos, receipts of towing services and any other forms of communication used during the process of maintenance.
Give the Manufacturer Direct Written Notice
Arizona presumes that the manufacturer of a new vehicle has a fair opportunity to fix its defects when the same defect remains unremedied after four attempts to repair it or when the vehicle is inoperable for 30 calendar days. However, this presumption does not apply unless the manufacturer receives written notice and an opportunity to fix the defect.
It is preferable to send this notice through certified mail or another means that can guarantee delivery to the customer service or lemon law address assigned by the manufacturer. This notice should provide the recipient with information about the vehicle owner, the vehicle, its VIN, its purchase date and mileage, the defects and when they occur, and what remedy is requested in this case. Please keep a copy of this notice and the proof of delivery.
Request the Appropriate Remedy
If numerous attempts to fix a defect that significantly affects the use of that vehicle prove unsuccessful, it is advisable to ask for its replacement. According to Arizona law, manufacturers have an obligation to provide a new vehicle in place of a defective one or to allow the buyer to return it and receive a refund, less a reasonable deduction for use.
If you have purchased a used vehicle from a dealership, notify the seller reasonably in advance before anything else is done. The buyer has to pay half of the cost for the first two qualifying repairs but cannot receive more than $25 from the seller for each repair.
Complete Required Dispute Resolution and Act Before the Deadline
Review the warranty booklet to see if there is any arbitration or informal dispute resolution scheme sponsored by the manufacturer. This scheme must comply with federal regulations, or else the consumer is not required to use it before asking for a replacement or refund under the law. The lawsuit must be filed within 6 months of the earlier of the expiration of the express warranty, 2 years, or 24,000 miles, whichever comes first.
A consumer complaint with the Arizona Attorney General can be useful in addressing dishonesty; however, the office itself does not represent individual consumers, nor does it ensure resolution of the case. Because Arizona deadlines for filing such complaints are quite short, it is wise for a consumer to contact a lemon law lawyer before it is too late.
