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Arkansas

ARKANSAS Lemon Law:

Ark. Code Ann. §§ 4-90-401 to 4-90-417

Vehicles covered: Self-propelled vehicle under 10,000 lbs., licensed,

purchased or leased in-state, and primarily designed for the

transportation of persons or property; excludes mopeds, motorcycles,

and the living quarters of mobile homes (§ 4-90-403(11)).

Persons covered: Purchaser, lessee, or any person entitled to

enforce the warranty (§ 40-90-403(4)).

Period covered: Ends two years (twenty-four months) after the

vehicle is delivered to the consumer or after the first 24,000 miles

attributable to the consumer is driven, whichever comes later

(§ 4-90-403(12)).

Disclosure requirements: Manufacturer must provide a written

state-approved notice to the consumer explaining the consumer’s

rights at the time of lease or purchase. Dealer must obtain and

maintain for five years the consumer’s acknowledgment of receipt

of statement of rights (§ 4-90-404(b)).

Required consumer notice: Consumer must notify manufacturer by

certified or registered mail of the need to repair the nonconformity.

Repair requirements: Three attempts to repair a nonconformity

which ‘‘substantially impairs’’ the motor vehicle or one repair

attempt for a nonconformity that is life threatening or which could

cause bodily injury, plus one final opportunity to repair (§ 4-90-

406(a)(1)).

Affırmative defenses: The nonconformity does not impair use, value

or safety of the vehicle; the nonconformity is the result of an

accident, abuse, neglect or unauthorized alteration; claim by consumer

was not filed in good faith; other defenses allowed by law

(§ 4-90-413); statute of limitations (§ 4-90-416).

Replace/refund: At the consumer’s option, the manufacturer must

replace with an identical or reasonably equivalent vehicle acceptable

to the consumer, or refund the full purchase or lease price less

a reasonable use and damage allowance (defined) (§§ 4-90-406,

4-90-407).

Other reimbursement: Collateral and reasonably incurred incidental

charges (§ 4-90-406(b)(1)(B)), plus towing and rental costs

(§ 4-90-408), attorney fees and costs (§ 4-90-415).

Other remedies: Violation of the statute is a deceptive trade

practice (§ 4-90-417); there is no limit on other consumer remedies

(§ 4-90-415(b)).

Informal dispute resolution: Consumer must first submit to informal

proceedings unless the manufacturer allows otherwise or

unless manufacturer failed to disclose as required an explanation of

the consumer’s rights and obligations (§ 4-90-406(a)(1)); the dispute

procedure must comply with 16 C.F.R. § 703.1 (§ 4-90-414).

Resale of lemon: Full written disclosure signed by the consumer

required for first resale to a retail customer; same express warranty

offered to the original purchaser (except need only last for 12,000

miles or one year after date of resale) (§ 4-90-412).