Arkansas Lemon Law: Do You Qualify?

Arkansas lemon law at a glance

Coverage window

24 months after original delivery, or the first 24,000 miles of operation attributable to the consumer, whichever is later. A nonconformity reported during that period is repaired even if the repairs are made after it ends.

Repair attempts

After 3 attempts at the same nonconformity that substantially impairs the vehicle, or 1 attempt at one likely to cause death or serious bodily injury, you give the manufacturer written notice for a final attempt; the presumption arises if the nonconformity continues. Five or more attempts on separate occasions at nonconformities that together substantially impair the use and value of the vehicle also raise it.

Days out of service

30 cumulative calendar days out of service for repair, or attempts to repair ("calendar day" means any day other than a legal holiday), extended while repair services are unavailable as a direct result of war, invasion, strike, fire, flood or natural disaster.

Written notice

Written notification by certified or registered mail to the manufacturer; the manufacturer must disclose that written notice is required before you may be eligible for a refund or replacement, and give you the address and phone number of its zone, district or regional office for Arkansas to send it to. The manufacturer then has 10 days after receipt to offer a repair and 10 days after delivery of the vehicle to fix it; if it misses either, a nonrebuttable presumption of a reasonable number of attempts arises.

Dispute program

Required before suit only if the manufacturer made the written-statement disclosure at purchase or lease. If you skip it when required, the refund and replacement provisions do not apply to you unless the manufacturer allows suit without it.

Deadline to sue

Two years from the date you first report the nonconformity to the manufacturer, its agent or an authorized dealer; if you commence an informal dispute proceeding, the two years run from when it is commenced.

Used vehicles

The Act covers a new or previously untitled vehicle, and also any other person entitled to enforce the manufacturer’s warranty during the 24-month / 24,000-mile period, if the purchaser has titled and registered the vehicle. It has no separate used-vehicle track.

What you get

Within 40 days, a replacement vehicle (you pay a reasonable offset for use) or a refund of the full purchase price or lease price less a reasonable offset for use and for physical damage, plus all collateral and reasonably incurred incidental charges. You choose a refund or a replacement. You may keep using the vehicle until you are tendered a full refund or a replacement.

Manufacturer’s defenses

Affirmative defenses: the nonconformity does not substantially impair the use, value or safety of the vehicle; it results from an accident, abuse, neglect or unauthorized modification or alteration by someone other than the manufacturer, its agent or an authorized dealer; or the claim was not filed in good faith.

Arkansas lemon law: frequently asked questions

How many repair attempts does the Arkansas lemon law require?

There is no single required count. After three attempts at the same substantially impairing nonconformity, or one for a nonconformity likely to cause death or serious bodily injury, you give the manufacturer written notice for a final attempt, and a presumption of a reasonable number of attempts arises if the nonconformity continues. The Act also raises the presumption at five or more attempts on separate occasions at nonconformities that together substantially impair use and value, and at 30 cumulative calendar days out of service. The manufacturer must disclose in the warranty or owner’s manual that "written notice of the nonconformity is required before the buyer may be eligible for a refund or replacement of the vehicle"; the notice the Act describes is written notification by certified or registered mail, sent after three attempts at the same nonconformity or one for a nonconformity likely to cause death or serious bodily injury. The Act does not say what follows if you skip the notice when your claim rests on 30 days out of service or five attempts, so the safe course is to send it.

How long do I have to sue under the Arkansas lemon law?

An action must be commenced within two years following the date you first report the nonconformity to the manufacturer, its agent or an authorized dealer. If you commenced an informal dispute settlement proceeding, the two years begin to run when it is commenced. The deadline is not measured from delivery. A warranty claim under the Uniform Commercial Code has its own period: four years after the cause of action accrued, which the original agreement can reduce to not less than one year (Ark. Code § 4-2-725).

Do I have to use the manufacturer’s dispute program first?

Only if the manufacturer made the required written-statement disclosure at purchase or lease. If it did not, you need not use it. If it did and you skip the proceeding, the refund and replacement provisions of the Act do not apply to you, unless the manufacturer allows you to sue without it. The proceeding must be located in Arkansas, may not charge you a fee, and lets you be represented by an attorney.

Does the Arkansas lemon law cover leased or used vehicles?

Leases are covered inside the same Act for a lessee under a written lease of one year or more that makes the lessee responsible for repairs. The Act covers a new or previously untitled vehicle and has no separate used-vehicle track, but a later owner who is entitled to enforce the manufacturer’s warranty during the 24-month / 24,000-mile period is also a consumer, if the purchaser has titled and registered the vehicle.

What can I recover if my vehicle qualifies in Arkansas?

Within 40 days the manufacturer must replace the vehicle or repurchase it and refund the full purchase price or lease price, less a reasonable offset for use and for physical damage, plus all collateral and reasonably incurred incidental charges. The manufacturer also reimburses necessary towing and rental costs actually incurred as a direct result of the nonconformity. You have an unconditional right to choose a refund. A consumer who prevails is entitled to recover costs and attorney’s fees based on actual time expended that the court finds reasonably incurred. The Act "does not limit the rights and remedies that are otherwise available to a consumer under any applicable provisions of law", and a violation of it is deemed a deceptive trade practice; the federal Magnuson-Moss Warranty Act lets a consumer damaged by a failure to comply with a written or implied warranty bring suit (15 U.S.C. § 2310(d)).

Statutes cited on this page

• Ark. Code § 4-90-403(4) (Definition of "consumer": purchaser or lessee of a new or previously untitled vehicle, or another person entitled to enforce the warranty during the quality assurance period, if the purchaser has titled and registered it)
• Ark. Code § 4-90-403(13) (Definition of "nonconformity": a defect or condition that substantially impairs use, market value or safety, or breaches the express warranty or the implied warranty of merchantability)
• Ark. Code § 4-90-403(12) (Motor vehicle quality assurance period: 24 months or 24,000 miles, whichever is later)
• Ark. Code § 4-90-406(a) (Written notice to the manufacturer and the final repair attempt)
• Ark. Code § 4-90-404(c) (Manufacturer must disclose that written notice is required before refund or replacement)
• Ark. Code § 4-90-410 (Rebuttable presumption of a reasonable number of attempts to repair; extension of the 30 days)
• Ark. Code § 4-90-404(a) (Informal dispute settlement proceeding required before suit only if the manufacturer made the written-statement disclosure)
• Ark. Code § 4-90-416 (Two years from the first report of the nonconformity; runs from the start of an informal proceeding if one is begun)
• Ark. Code § 4-90-413 (Affirmative defenses: no substantial impairment; accident, abuse, neglect or unauthorized modification; a claim not filed in good faith; any other defense allowed by law)
• Ark. Code § 4-90-406(b) (Within 40 days the manufacturer must replace the vehicle or repurchase it and refund the full price less offsets, plus collateral and incidental charges; the consumer chooses a refund)
• Ark. Code § 4-90-415 (Civil action; other remedies preserved; costs and attorney fees for a prevailing consumer)

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