AZ Lemon Law Final Repair Attempt
Arizona Lemon Law Final Repair Attempt
The Arizona Lemon Law, like any other law, has requirements that must be satisfied in order for a consumer to seek protection under it. Arizona’s Lemon Law is very similar to many other state lemon law statutes. But, one difference that separates some lemon law statutes is the requirement that a manufacturer be allowed a Final Repair Attempt. The Arizona Lemon Law does contain such a requirement. This simply means that, before they can seek all the remedies under the lemon law, the consumer must give the manufacturer written notice of any ongoing defects with their vehicle. Also, the Manufacturer must be given one final opportunity under the Arizona Lemon Law to try to fix the defects.
Obviously, even if the defects are not fixed during the final repair attempt, the consumer can still seek repairs. But, after meeting the other lemon law requirements and by notifying and allowing the manufacturer the final repair attempt, the consumer has done everything they need to do to gain protection under the Arizona Lemon Law. This is because the manufacturer only gets so many chances to try to fix a problem before it has to repurchase or repl=
ace a vehicle. Therefore, the Final Repair Attempt is the last chance, after multiple repair attempts, to fix any problems.
So, under the Arizona Lemon Law there are remedies that can help consumers with defective vehicles. But, to seek such remedies, all of the requirements under the statute must be satisfied. Getting the most out ofthe Arizona Lemon Law also depends on your attorney. Contact an Arizona Lemon Law attorney today for a free evaluation.
Arizona Lemon Law How Long to file?
At one time or another every Arizona car buyer experiences problems with a vehicle they purchase. But, if a buyer hopes for assistance with their problems then they have to file some sort of action to preserve their rights under the Arizona Lemon Law. Problems come when a buyer waits too long to file. This is where a “statute of limitations” comes in. Every law has a statute of limitations. The statute of limitations puts a restriction on the time period for when someone can bring a claim under a particular law. Every law has a different statute of limitations. The Arizona Lemon Law has a very specific statute of limitations. So, it is very important to do research on what type of claim one might have and to contact an Arizona Lemon Law Attorney who can advise as to whether or not the time limit has passed on filing a claim.
An action under the Arizona Lemon Law must be filed within 2 years or 24,000 miles (whichever is earlier) after original delivery. “Delivery” means the day that the new vehicle is taken home by the original owner. After this 2 year/24,000 mile point, the ability to assert a claim under the Arizona Lemon Law is gone. This was designed so that people do not sleep on their rights. It is so that people who have claims and who are diligent about seeking a remedy actually have the opportunity to fight for that remedy. The opposite side of the coin is that people who have claims but do not do the necessary work to put themselves in a situation to solve their problems will not be afforded full protection of the Arizona Lemon Law.
In conclusion, the principle is simple – the minute a vehicle seems to be exhibiting defects of any kind, contact an Arizona Lemon Law Attorney. By doing this, one can obtain the information on whether the Arizona Lemon Law applies, whether a claim can be filed, and how long until the statute of limitations runs.
2009 Dodge Journey
Practicing under the lemon laws of various states exposes attorneys to many unique situations. The premise behind these laws is that a vehicle manufactured and sold with a factory warranty should be reliable. The customer who buys such a vehicle should not have to take time out of their daily activities to present the vehicle for repairs 3 to 4 times during the first few years of ownership for issues other than general maintenance.
For this very reason, the 2009 Dodge Journey is a vehicle that has many consumers fuming. The Journey was built as a small SUV aimed at competing with the Ford Escape. But, quickly it was apparent that the Journey was of inferior quality. The Michigan Lemon Law only requires that the vehicle be presented for repairs 4 times but many owners have presented their Journeys 10-15 times for various issues. This is unacceptable.
Since its release, the Dodge Journey has exhibited defects relating to the engine, oil leaks, excessive oil consumption, suspension, brakes, transmission, and electrical system. There have been multiple recalls for various issues and Chrysler even sent a letter to owners extending the warranty of the brakes due to multiple known defects with them. Needless to say, it is no secret that this version of the Journey has failed at providing quality transportation to many of its owners.
When consumers experience something as disconcerting as dealing with a vehicle that exhibits all kinds of problems, the natural reaction is to get angry. Purchasing a vehicle is a huge undertaking for most and should not be taken lightly. That is why there has been a very strong response from consumers that want to file lemon law claims on their 2009 Dodge Journeys. Our office welcomes these claims because rarely has our office seen one particular vehicle exhibit so many different problems. Usually it is one or two things that break down repeatedly, but with the 2009 Journey it is an endless list of major defects that continue to give consumers problems.
AZ Lemon Law
The Arizona Lemon Law was designed to protect consumers who purchase new and used vehicles covered by the manufacturer’s factory warranty. A warranty is supposed to provide coverage for things that go wrong with a vehicle. But, what provides coverage for the time, money, and effort it takes to present a defective vehicle for repair after repair? This is where the Arizona Lemon Law comes in. Arizona defines this problem as presenting the vehicle for an “unreasonable number of repair attempts.”
Under the statute, an unreasonable number of repair attempts equals taking a vehicle in four or more times for the same problem. The manufacturer must also have been given prior notification of the ongoing problems and the manufacturer must have been given one last chance to fix the problems. This just means that the consumer must contact the car company and tell them that have been experiencing issues and that they want the vehicle to be fixed. If a consumer meets these requirements and the problems continue, then the Arizona lemon law mandates that the manufacturer must repurchase the vehicle.
Not all vehicles are covered. Vehicles protected under the lemon law include those vehicles designed to be operated on public highways. This covers cars, trucks, and motorcycles bought new or used that function as daily drivers, pleasure vehicles, personal vehicles, etc. Also, vehicles under 10,000 pounds are covered.
So, in short, to be covered under the Arizona Lemon Law – take the vehicle to the dealership for warranty repairs 4 times or more within the first two years or 24,000 miles (whichever occurs first) and then let the manufacturer directly (not the dealership) know that there are defects with the vehicle. If the manufacturer tries to fix the problem one last time and the problem continues – then the manufacturer might have to repurchase the vehicle under the Arizona Lemon Law. Contact an Arizona Lemon Law attorney today for more information.
Under the Arizona Lemon Law, there are two ways in which the law defines what a reasonable number of repair attempts are. The sections are as follows.
1. The same nonconformity has been subject to repair four or more times by the manufacturer or its agents or authorized dealers during the shorter of the express warranty term or the period of two years or twenty-four thousand miles following the date of original delivery of the motor vehicle to the consumer, whichever is earlier, but the nonconformity continues to exist.
2. The motor vehicle is out of service by reason of repair for a cumulative total of thirty or more calendar days during the shorter of the express warranty term or the two year period or twenty-four thousand miles, whichever is earlier.