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Any problem that substantially impairs the use and market value of the product and warrantor is unable to make the product free form defects within a reasonable number of attempts. If you bought a malfunctioning vehicle, you may need a lemon law attorney to recover your losses.
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EVALUATION
ALASKA Lemon Law:
Alaska Stat. §§ 45.45.300 to 45.45.360
Vehicles covered: Vehicles normally used for personal, family, or
household purposes and registered under Alaska Stat. § 28.10;
excludes tractors, farm vehicles, and off-road vehicles
(§ 45.45.360(6), (8)). No reference to leased vehicles.
Persons covered: Purchasers, other than for resale, of new motor
vehicles, and transferees (§ 45.45.360(8)).
Period covered: Whichever comes first: expiry of term of express
warranty or one year from date of delivery (§ 45.45.305).
Disclosure requirements: None for manufacturer.
Required consumer notice: Specific written notice by certified mail
to the manufacturer and its dealer or repairing agent demanding a
refund or replacement with description of nonconformity and the
attempts to conform (§ 45.45.310).
Repair requirements: It is presumed that a reasonable number of
attempts have been made if the same nonconformity has been
subjected to repair three or more times, or the vehicle has been out
of service for thirty or more business days (§ 45.45.320).
Affırmative defenses: The nonconformity does not substantially
impair the use or market value of the vehicle, or is the result of the
consumer’s abuse or neglect; unauthorized modifications or alterations
were made to the vehicle (§ 45.45.315).
Replace/refund: At the consumer’s option, the manufacturer shall
replace with a comparable new vehicle, or refund the full purchase
price less a reasonable use allowance (§ 45.45.305).
Other reimbursement: Reimbursement for costs incurred in shipping
the vehicle to the repair facility (§ 45.45.350).
Other remedies: There is no limit on other remedies that may be
available but no lemon law cause of action is created against dealer
or repair agent (§ 45.45.340). Failure to refund or replace may be
an unfair trade practice (§ 45.45.330).
Informal dispute resolution: For remedies under this section a
consumer must use an informal dispute settlement procedure established
by the manufacturer, provided the procedure complies
with 16 C.F.R. pt. 703 (§ 45.45.355).
Resale of lemon: Full disclosure required (§ 45.45.335).
After submitting your free lemon law case evaluation, one of our attorneys will respond to you within 24 hours.
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