Alabama Lemon Law: Do You Qualify?

Alabama lemon law at a glance

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The rights period ends one year after original delivery or at the first 12,000 miles, whichever first occurs. The repair duty does not extend beyond 24 months or 24,000 miles, whichever occurs first, and applies where notice of the condition was first given during the rights period.

What counts as a defect

A "nonconforming condition" does not conform to the manufacturer's express warranty (a written warranty, so labeled), significantly impairs the use, value or safety of the vehicle, arises solely in the course of ordinary use, and does not arise from abuse, neglect, an unauthorized modification or alteration, or an accident or other damage after delivery by an authorized dealer.

Repair attempts

3 or more attempts on the same condition by the manufacturer, its agents or its authorized dealers, at least one during the rights period, plus a final attempt by the manufacturer, with the condition continuing, within 24 months or 24,000 miles.

Days out of service

30 cumulative calendar days in the custody of the manufacturer, its agent or an authorized dealer for repair attempts, one repair during the rights period, within 24 months or 24,000 miles. The 30 days apply "unless such repair could not be performed because of conditions beyond the control of the manufacturer" such as war, invasion, strike, fire, flood or other natural disaster; the act does not say whether such days are subtracted or defeat the presumption.

Written notice

Notice is "A written statement which shall be delivered to the manufacturer", describing the vehicle, the condition and all previous repair attempts, with who made each and when. The repair duty is tied to notice given during the rights period, and before suing the notice must go by certified United States mail with a demand for correction or repair. If a presumption has arisen, the manufacturer gets a final opportunity to cure: within 7 calendar days of receiving the notice it must notify you of a reasonably accessible repair facility, and it then has a period not to exceed 14 calendar days after you deliver the vehicle there.

Dispute program

Required before suit only if the manufacturer has established an informal dispute settlement procedure that complies with federal rules and regulations. The act sets up no state-run arbitration program.

Defenses

It is an affirmative defense that the condition does not significantly impair the use, market value or safety of the vehicle, or that it results from abuse, neglect, or a modification or alteration by the consumer that the manufacturer did not authorize.

Deadline to sue

Within three years following the date of original delivery to the consumer. The act states no tolling.

Used vehicles and leases

The act covers the purchaser (other than for resale) of a new or previously untitled vehicle used in substantial part for personal, family, or household purposes, and also any other person entitled by the terms of the warranty to enforce it. It has no separate used-vehicle or lease section. An Attorney General news release (guidance, not authority) says used cars have no lemon law protection.

Returned vehicles

A vehicle returned under the act may be resold in Alabama only if the manufacturer discloses the return and the nature of the nonconformity in writing to the next buyer and the title is branded: "THIS VEHICLE WAS RETURNED TO THE MANUFACTURER BECAUSE IT DID NOT CONFORM TO ITS WARRANTY."

Alabama lemon law: frequently asked questions

What vehicles does the Alabama lemon law cover?

Self-propelled vehicles intended primarily for use on the public highways, bought new (or previously untitled) and used in substantial part for personal, family, or household purposes. The act also counts as a consumer any other person entitled by the terms of the warranty to enforce it. Motor homes and any vehicle with a manufacturer GVWR of 10,000 pounds or more are excluded; a trailer is not self-propelled. The act has no used-vehicle or lease section: a later owner is covered if entitled by the terms of the manufacturer's warranty to enforce it, which the checker reads as the original warranty still being in effect for you; the act does not mention lessees and does not exclude them, and the checker treats a lessee entitled by the warranty's terms to enforce it as covered. The Attorney General's 2015 news release (guidance, not authority) says "Alabama’s lemon law only covers new vehicles." These are questions for an attorney.

How many repair attempts does Alabama require?

The presumption arises after three or more repair attempts on the same condition by the manufacturer, its agents or authorized dealers, at least one during the first year or 12,000 miles, plus a final attempt by the manufacturer, with the condition still existing, all within 24 months or 24,000 miles. The act has no separate rule for safety defects.

What must I do before suing the manufacturer?

Give the manufacturer notice of the condition by certified United States mail, describing the vehicle, the condition and all previous repair attempts, and demand correction or repair; the repair duty is tied to notice given during the rights period, so send it early. If the manufacturer has an informal dispute procedure that complies with federal rules, you must first exhaust it. Suit must be commenced within three years following original delivery.

What can I recover if my vehicle qualifies?

You choose a comparable new vehicle or a refund. The refund covers the full contract price, collateral charges including sales tax and license and registration fees, finance charges after your first report, and incidental damages including alternative transportation, less a reasonable allowance for use of the price times the miles before your first report divided by 100,000. Refunds go to you and any lienholders as their interests may appear. If it is determined that the manufacturer has breached its obligations, you are also entitled to an additional award for reasonable attorneys fees.

Can I sue the dealer?

Not under the lemon law. The act imposes no liability on a dealer and creates no cause of action against one; a dealer may not be made a party defendant in any action involving or relating to the act, and the manufacturer may not charge back or require reimbursement by a dealer for refunds or replacements. Whether another claim lies against a dealer is outside this act.

Statutes cited on this page

• Ala. Code § 8-20A-1(1) (a "consumer" is the purchaser of a new or previously untitled motor vehicle used in substantial part for personal, family, or household purposes, and any other person entitled by the terms of the warranty to enforce it)
• Ala. Code § 8-20A-1(2) (a "motor vehicle" excludes motor homes and any vehicle with a GVWR of 10,000 pounds or more)
• Ala. Code § 8-20A-1(5) (an "express warranty" is a written warranty, so labeled, issued by the manufacturer of a new motor vehicle)
• Ala. Code § 8-20A-1(6) (a "nonconforming condition" significantly impairs the use, value or safety of the vehicle and does not arise from abuse, neglect, unauthorized modification, accident or other damage after delivery)
• Ala. Code § 8-20A-1(7) (a "notice of a nonconforming condition" is a written statement delivered to the manufacturer, with defined contents)
• Ala. Code § 8-20A-1(8) (the lemon law rights period: one year after original delivery or the first 12,000 miles, whichever first occurs)
• Ala. Code § 8-20A-2(a) (the manufacturer's duty to repair; it does not extend beyond 24 months or 24,000 miles)
• Ala. Code § 8-20A-2(c)(1) (presumption of reasonable attempts: three or more repair attempts plus a final attempt by the manufacturer)
• Ala. Code § 8-20A-2(c)(2) (presumption of reasonable attempts: 30 cumulative calendar days out of service)
• Ala. Code § 8-20A-3(a) (certified-mail notice, the manufacturer's final opportunity to cure, and the informal dispute procedure)
• Ala. Code § 8-20A-3(b) (affirmative defenses: no significant impairment of use, market value or safety; abuse, neglect or unauthorized modification)
• Ala. Code § 8-20A-3(c) (an additional award for reasonable attorneys fees)
• Ala. Code § 8-20A-4 (a returned vehicle may be resold only with written disclosure to the buyer and a branded title)
• Ala. Code § 8-20A-5 (no dealer liability; a dealer may not be made a party defendant; no chargeback to the dealer)
• Ala. Code § 8-20A-6 (an action must be commenced within three years following original delivery)
• Alabama Attorney General news release, August 26, 2015 (guidance, not authority: "Alabama’s lemon law only covers new vehicles")

This page summarizes the statute in plain language and is not legal advice. The linked official text controls.