Lemon Law in Arkansas

Did you know you have options after buying a lemon, even if it was an “as is” sale?

Knowing that such a significant purchase in your life is defective can be intensely frustrating. However, you can have more ways to remedy the situation than you think. Once you know a few details about federal statutes and some specifics about Arkansas law, you may want to schedule a consultation with an attorney in our network.

What Is a Lemon Law?

Lemon laws deal with consumer protections that are particularly applicable to automobile purchases. For any lemon law to apply, the automobile must suffer from a defect. This problem should be outside the purchaser’s control, like a manufacturer issue. Furthermore, lemon laws apply if a certain number of reasonable repairs happened to the vehicle in question to no avail.

When Do Arkansas Lemon Laws Apply?

Lemon laws only apply when the vehicle in question is under warranty. This restriction does not mean it has to have a new guarantee. There are often dealership warranties attached to certified used cars. Under the federal lemon law requirements, conditions must meet the following criteria:

• The manufacturer attempted to fix the issue on several occasions. Note that the number of conditions that merit a lemon law application can vary based on the court’s opinion.
• There have been attempts to address the issue(s) in question within the first two years of owning and operating the vehicle.
• The car has been out of service for at least 30 days. Note that the days do not have to be consecutive.

How Do You Ensure the Application of Lemon Laws?

There are some common practices that you can take that better position you when citing lemon law:

• You should only take the vehicle in question to the corresponding dealership for repairs. By taking it there, you establish credibility by showing the responsible party attempted to address the issue. If you take the vehicle to a mom-and-pop mechanic, the manufacturer cannot be held liable for any attempts made to fix the problem.
• Keep accurate and detailed records of any repairs made. This way, if your case goes to trial, have accurate logs that detail the manufacturer’s opportunities to fix the mechanical issues. This detail also helps build a timeline of how long you could not use your vehicle.

Lemon law statutes vary by state. You should research the lemon law requirements in Arkansas to ensure you remain within the legal confines.

The Arkansas New Motor Vehicle Quality Assurance Act mandates a refund or replacement for a defective automobile. Generally, manufacturers are on the hook for the charges, taxes included. Notably, they can offset some of the purchase price. They can multiply the original charges by a fraction of the miles driven and divide by 120,000.

What Exactly Are Consumers Entitled To Under Lemon Laws?

You have a legal entitlement to a replacement vehicle or refund if Arkansas lemon laws apply. However, manufacturers may deduct a fee in proportion to the miles the owner put on the car or truck before it became unusable. This compensation should include:

• Down payment
• Registration
• Taxes
• Car rentals
• Monthly payments
• Tow expenses
• Attorney costs

Do Lemon Laws Apply to Used Vehicles?

Lemon laws can apply to used vehicles. However, this is for written warranties distributed along with the vehicle upon sale. Often, a used car dealership sells vehicles with a portion of the guarantee remaining. This situation incentivizes the purchase and (allegedly) puts the buyer’s mind at ease.

Lemon law for used cars in Arkansas revolves around the Quality Assurance Period. This time is either 24 months from taking possession of the vehicle or 24,000 miles.

When Should You Hire a qualified Arkansas Lemon Law Attorney?

Have you attempted to have your vehicle repaired at the dealership? Consumers should consider legal action when it doesn’t work for 30 days. If you can’t resolve the issue with the manufacturer, it may be time to bring in an experienced Arkansas lemon law attorney.

How Does the Lemon Law Litigation Process Work?

Consumers can expect to go through a series of motions by bringing in an experienced Arkansas lawyer. However, introducing legal counsel into the situation is the best way for consumers to receive a fair outcome. With most Arkansas lemon law attorneys, you can expect the following:

• Free Case Evaluation – Attorneys should review your case for free. They will determine its merit and whether you have a justifiable claim.
• Filing Your Claim – Your Arkansas legal representative should handle filing a claim with the manufacturer after determining the facts.
• Further Action – Your vehicle’s manufacturer may refuse to comply with the claim under federal and state statutes. Then your attorney files suit to seek entitled compensation on your behalf.
• Pursuing Settlement – The manufacturer should cover all costs and fees if you achieve a settlement before trial. This compensation will often include attorney fees.
• Contingency Fee Basis – At the end of the ordeal, clients should not have to pay for attorney’s fees. Even if you ultimately lose your case, a reputable Arkansas law firm should not charge clients fees. If you win your case, the manufacturer pays the attorney’s fees.

A lawsuit in Arkansas starts by filing with one of the state’s circuit courts. The first step in the process is always to work with the manufacturer. If they refuse to refund or replace the vehicle, you have the right to take civil action against them.

Work With an Experienced Local Lawyer In Arkansas

Do you need immediate help? Then one of our experienced lawyers in Arkansas can help guide you through the Lemon Law litigation process. We can even help you connect with an attorney across Arkansas state lines!

 Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!