Arizona Lemon Law: Do You Qualify?

Arizona lemon law at a glance

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New vehicles: the consumer must report the nonconformity during the shorter of the express warranty term or two years / 24,000 miles after original delivery (§ 44-1262(A)(1)); the manufacturer must still make the repairs after the period ends (§ 44-1262(A)(2)). Used vehicles: the implied warranty expires at midnight of the fifteenth calendar day after delivery or after 500 miles, whichever is earlier (§ 44-1267(C)).

Repair attempts

New vehicles: four or more repairs of the same nonconformity, where it continues to exist (§ 44-1264(A)(1)). The text names no separate trigger for safety defects. Used vehicles: the seller gets reasonable notice and a reasonable opportunity to repair before other remedies; the Attorney General says the dealer must be given two opportunities to repair.

Days out of service

New vehicles: a cumulative total of thirty or more calendar days out of service by reason of repair (§ 44-1264(A)(2)).

Written notice

New vehicles: the presumption "does not apply against a manufacturer unless the manufacturer has received prior direct written notification from or on behalf of the consumer of the alleged defect and has had an opportunity to cure" it (§ 44-1264(C)). If the manufacturer has a dispute procedure that complies in all respects with 16 C.F.R. part 703, § 44-1263 does not apply to a consumer who has not first resorted to it (§ 44-1265(A)). Used vehicles: reasonable notice to the seller (§ 44-1267(E)).

Who is covered

A "consumer" is the purchaser (other than for resale) or lessee, any person to whom the vehicle is transferred during the express warranty, or any other person entitled by the warranty to enforce it (§ 44-1261(A)(1)). The article does not apply to a sale for resale for profit, a vehicle with a declared gross weight over 10,000 pounds, or a vehicle sold at a public auction (§ 44-1261(C)). For a motor home it applies to the self-propelled vehicle and chassis, not the living, office or commercial portions (§ 44-1261(B)).

Used vehicles

Section 44-1267(B) binds a "used motor vehicle dealer": a person or business that sells or offers for sale a used vehicle after selling or offering four or more used vehicles in the previous twelve months (§ 44-1261(A)(4)). The purchaser pays one-half of the first two repairs, up to $25 each (§ 44-1267(E)); the seller's maximum liability is the purchase price paid (§ 44-1267(F)).

Arizona lemon law: frequently asked questions

What does the Arizona new-vehicle law require?

Where the manufacturer, its agents or its authorized dealers are unable to conform the vehicle to an applicable express warranty by repairing a defect that substantially impairs its use and value after a reasonable number of attempts, the manufacturer shall replace the vehicle or accept its return and refund the full purchase price, including all collateral charges, less a reasonable allowance for your use (§ 44-1263(A)). The allowance is "that amount directly attributable to use by the consumer before his first written report of the nonconformity to the manufacturer, agent or dealer and during any subsequent period when the vehicle is not out of service by reason of repair"; the statute sets no mileage formula. Refunds go to the consumer and the lienholder as their interests appear, and the manufacturer refunds the tax attributed to the sale on a return (§ 44-1263(C)(1)). It is an affirmative defense that the nonconformity "does not substantially impair the use and market value of the motor vehicle" or "is the result of abuse, neglect or unauthorized modifications or alterations" (§ 44-1263(B)). The text does not say who chooses between replacement and refund.

Does Arizona have a used-car lemon law?

Section 44-1267 gives a used-car purchaser an implied warranty of merchantability that a used motor vehicle dealer may not disclaim in the first 15 calendar days or 500 miles after delivery, whichever is earlier (§ 44-1267(B)). A "used motor vehicle dealer" is a person or business that sells or offers four or more used vehicles in the previous twelve months (§ 44-1261(A)(4)). The warranty is met if the vehicle functions in a safe condition and is substantially free of any defect that significantly limits its use for ordinary transportation (§ 44-1267(C)). The purchaser must give reasonable notice, the seller has a reasonable opportunity to repair, and the purchaser pays one-half of the first two repairs, up to $25 each (§ 44-1267(E)); the Attorney General says the dealer must be given two opportunities to repair. The seller's maximum liability is the purchase price paid (§ 44-1267(F)), and the Attorney General says "If you are entitled to a recovery under Arizona's Used Car Lemon Law, you would get the purchase amount you paid for the car." The section sets no refund formula; other remedies are those of title 47, chapter 2 (§ 44-1267(K)). A purchaser may waive the warranty only for a particular defect the dealer disclosed, by signing the statement on the first page of the agreement (§ 44-1267(I)).

Which vehicles and people are covered?

A "consumer" is the purchaser (other than for resale) or lessee, any person to whom the vehicle is transferred during the express warranty, or any other person entitled by the warranty to enforce it (§ 44-1261(A)(1)). A "motor vehicle" is "a self-propelled vehicle designated primarily for the transportation of persons or property over the public highways" (§ 44-1261(A)(2)); the text does not exclude motorcycles, and a towed trailer is not self-propelled. A motor home is covered as the self-propelled vehicle and chassis, not the portions designed, used or maintained primarily as a mobile dwelling, office or commercial space (§ 44-1261(B)). The article does not apply to a sale for resale for profit, a vehicle with a declared gross weight over 10,000 pounds, or a vehicle sold at a public auction (§ 44-1261(C)). A vehicle a manufacturer repurchased must carry a written notification before resale, which a dealer must give the purchaser before the sale (§ 44-1266).

How long do I have to file?

New vehicles: a consumer "shall begin an action under this article within six months following the earlier of expiration of the express warranty term or two years or twenty-four thousand miles following the date of original delivery" (§ 44-1265(B)); the warranty term, the two year period and the thirty day period are extended while repair services are not available because of war, invasion, strike, fire, flood or other natural disaster (§ 44-1264(B)). Used vehicles: § 44-1267(K) sends claims to title 47, chapter 2, whose four-year period runs from tender of delivery and may have been reduced by the sales agreement to not less than one year (§ 47-2725).

Who pays attorney fees?

If a consumer prevails in an action under the article, "the court shall award the consumer reasonable costs and attorney fees" (§ 44-1265(B)). Section 44-1267 is in the same article; the text does not say whether a claim pursued through title 47 under § 44-1267(K) is "an action under this article". If the manufacturer has a dispute procedure that complies in all respects with 16 C.F.R. part 703, § 44-1263 does not apply to a consumer who has not first resorted to it (§ 44-1265(A)).

Statutes cited on this page

• A.R.S. § 44-1261(A) (definitions of "consumer", including a lessee and a later owner, and "motor vehicle")
• A.R.S. § 44-1261(C) (resale for profit, declared gross weight over 10,000 pounds, public auction)
• A.R.S. § 44-1261(B) (a motor home: the self-propelled vehicle and chassis, not the living, office or commercial portions)
• A.R.S. § 44-1261(A)(4) ("used motor vehicle dealer": four or more used vehicles in the previous twelve months)
• A.R.S. § 44-1262(A) (the consumer reports the nonconformity during the shorter of the express warranty term and two years or 24,000 miles; repairs continue afterwards)
• A.R.S. § 44-1263(A) (new vehicle: the manufacturer shall replace it or accept return and refund the full purchase price including all collateral charges, less a reasonable allowance for use; the text does not say who chooses)
• A.R.S. § 44-1263(B) (affirmative defenses: no substantial impairment of use and market value; abuse, neglect or unauthorized modification)
• A.R.S. § 44-1264(A) (presumption of a reasonable number of attempts: four repairs of the same nonconformity, or thirty days out of service, during the shorter of the express warranty term and two years or 24,000 miles)
• A.R.S. § 44-1264(C) (the presumption applies only after prior direct written notice to the manufacturer and an opportunity to cure)
• A.R.S. § 44-1265(A) (a manufacturer procedure that complies in all respects with 16 C.F.R. part 703: § 44-1263 does not apply to a consumer who has not first resorted to it)
• A.R.S. § 44-1265(B) (action within six months after the earlier of warranty expiry or two years / 24,000 miles; costs and attorney fees to a prevailing consumer)
• A.R.S. § 44-1267(B) (a used motor vehicle dealer may not disclaim the implied warranty of merchantability in the first 15 days or 500 miles)
• A.R.S. § 44-1267(C) (the implied warranty expires at midnight of the fifteenth calendar day after delivery or after 500 miles, whichever is earlier)
• A.R.S. § 44-1267(E)-(F) (reasonable notice and a reasonable opportunity to repair; purchaser pays half of the first two repairs up to $25 each; seller liability capped at the price paid)
• Arizona Attorney General, Auto Purchases (consumer guidance on the new-car and used-car provisions)
• A.R.S. § 47-2725 (action for breach of a contract for sale within four years after the cause of action accrues; the parties may reduce it to not less than one year)

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