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Arkansas (AR) Lemon Law Statutes

Arkansas Title 4, Chapter 90, Sections 401-417

Thursday, December 8, 2016

§ 4-90-401. Title.
This subchapter shall be known and may be cited as the "Arkansas New Motor Vehicle Quality Assurance Act".

History. Acts 1993, No. 285, § 1; 1993, No. 297, § 1.

§ 4-90-402. Legislative determinations and intent.
The Arkansas General Assembly recognizes that a motor vehicle is a major consumer acquisition and that a defective motor vehicle undoubtedly creates a hardship for the consumer. The Arkansas General Assembly further recognizes that a duly franchised motor vehicle dealer is an authorized service agent of the manufacturer. It is the intent of the Arkansas General Assembly that a good faith motor vehicle warranty complaint by a consumer be resolved by the manufacturer within a specified period of time. It is further the intent of the Arkansas General Assembly to provide the statutory procedures whereby a consumer may receive a replacement motor vehicle, or a full refund, for a motor vehicle which cannot be brought into conformity with the warranty provided for in this subchapter. However, nothing in this subchapter shall in any way limit the rights or remedies which are otherwise available to a consumer under any other law.

History. Acts 1993, No. 285, § 2; 1993, No. 297, § 2.

§ 4-90-403. Definitions.
As used in this subchapter, unless the context otherwise requires:

History. Acts 1993, No. 285, § 3; 1993, No. 297, § 3; 1995, No. 302, § 1.

§ 4-90-404. Notice by consumer - Disclosure by manufacturer, agent, or dealer.

History. Acts 1993, No. 285, § 5; 1993, No. 297, § 5; 1995, No. 302, § 2.

§ 4-90-405. Required warranty repairs.
If a motor vehicle does not conform to the warranty and the consumer reports the nonconformity to the manufacturer, its agent, or authorized dealer during the motor vehicle quality assurance period, the manufacturer, its agent, or authorized dealer shall make such repairs as are necessary to correct the nonconformity, even if the repairs are made after the expiration of the term of protection.

History. Acts 1993, No. 285, § 4; 1993, No. 297, § 4.

§ 4-90-406. Failure to make required repairs.

History. Acts 1993, No. 285, § 6; 1993, No. 297, § 6; 1995, No. 302, § 3.

§ 4-90-407. Refunds.

History. Acts 1993, No. 285, § 7; 1993, No. 297, § 7.

§ 4-90-408. Reimbursement of towing and rental costs.
Whenever a vehicle is replaced or refunded under this subchapter, the manufacturer shall reimburse the consumer for necessary towing and rental costs actually incurred as a direct result of the nonconformity.

History. Acts 1993, No. 285, § 10; 1993, No. 297, § 10.

§ 4-90-409. Option to retain use of vehicle.
A consumer has the option of retaining the use of any vehicle returned under this subchapter until the time that the consumer has been tendered a full refund or a replacement vehicle of comparable value.

History. Acts 1993, No. 285, § 11; 1993, No. 297, § 11.

§ 4-90-410. Presumption of reasonable attempts to repair - Extension of time to repair in case of war, invasion, strike, fire, flood, or natural disaster.

History. Acts 1993, No. 285, § 12; 1993, No. 297, § 12.

§ 4-90-411. Diagnosis or repair - Documentation.

History. Acts 1993, No. 285, § 13; 1993, No. 297, § 13.

§ 4-90-412. Resale of returned nonconforming vehicle.
If a motor vehicle has been replaced or repurchased by a manufacturer as the result of a court judgment, an arbitration award, or any voluntary agreement entered into between a manufacturer and a consumer that occurs after a consumer complaint has been investigated and evaluated pursuant to this subchapter or a similar law of another state, the motor vehicle may not be resold in Arkansas unless:

History. Acts 1993, No. 285, § 14; 1993, No. 297, § 14.

§ 4-90-413. Affirmative defenses.
It is an affirmative defense to any claim under this subchapter that:

History. Acts 1993, No. 285, § 15; 1993, No. 297, § 15.

§ 4-90-414. Informal proceeding as precedent.

History. Acts 1993, No. 285, § 16; 1993, No. 297, § 16.

§ 4-90-415. Enforcement - Exclusivity - Costs and expenses.

History. Acts 1993, No. 285, §§ 17-19; 1993, No. 297, §§ 17-19.

§ 4-90-416. Time limitation for commencement of action.

History. Acts 1993, No. 285, § 20; 1993, No. 297, § 20.

§ 4-90-417. Deceptive trade practices.
A violation of any of the provisions of this subchapter shall be deemed a deceptive trade practice under § 4-88-101 et seq.

History. Acts 1993, No. 285, § 21; 1993, No. 297, § 21.