Alaska Lemon Law

[MarvBear]

Information from NADA Title & Registration Textbook 2004

 

Alaska Lemon Law

 

The Lemon Las (AS 45.45.300) provides protection to buyers of new motor vehicles. If a new vehicle turns out to be defective and has not been properly repaired after a reasonable number of attempts, the law requires a refund or replacement vehicle. Only a small percentage of new vehicles will be declared lemons. However, all new vehicle buyers will benefit from this law. The manufacturer and the dealer now have a stronger economic incentive to deliver the vehicle free from defects, and if problems develop, to correct them quickly and accurately. The law encourages the vehicle manufacturers to establish third party arbitration programs. These programs must meet specific standards and must have the approval of the Attorney General. Any decisions ordered by the arbitrators are binding on the manufacturer buy not on the consumer. This law spells out clearly the owner’s, dealer’s, and manufacturer’s responsibilities. It does not limit other rights and remedies that may be available to the owner of a motor vehicle under other provision of law.

 

MANUFACTURER’S RESPONSIBILITIES: If an owner of a new motor vehicle reports a defect or problem, the manufacturer normally, through its dealer or repairing agent, makes the necessary repairs. If the manufacturer, dealer, or repairing agent has been unable to repair the defect or problem after a reasonable number of attempts, the manufacturer shall, at the owner’s option, replace the vehicle or give a refund. When a manufacturer refunds or replaces a motor vehicle, it is also required to refund any reasonable charges the owner may have paid in shipping the defective motor vehicle back and forth to the nearest authorized facility for repairs. A manufacturer shall ship its dealer or repairing agent parts necessary for warranty repairs by the fastest means available (generally air freight) with no additional charge for freight or handling.

 

A REASONABLE NUMBER OF ATTEMPTS IS DEFINED AS: First, for a single defect or condition that defies repairs, the Lemon Law says:

 

“(1) the same nonconformity has been subject to repair three or more times by the manufacturer, distributor, dealer or repairing agent during the term of the express warranty or the one-year period after delivery of the motor vehicle to the original owner, whichever period terminates first, but the nonconformity continues to exist;”, Second, for a motor vehicle that has been out of service for an unreasonable period of time due to a single or multiple defects, the Lemon Law says: “(2) The vehicle is out of service for repair for a total of 30 or more business days during the express warranty term or the one-year period referred to in (1) of this section, whichever period terminates first;.”

 

For additional information please contact the Attorney General’s Office at 1031 w. 4th Ave., Suite 300, Anchorage, AK 99501