Arkansas passed the New Motor Vehicle Quality Assurance Act in 1993, and it offers somewhat generous protection of up to 24,000 miles or 24 months, whichever comes first. In addition, the law covers subsequent owners should the vehicle be sold during this period. The law covers most newly purchased or leased motor vehicles which are registered with the state, with the exception of motor homes and vehicles with a gross vehicle weight that exceeds 10,000 pounds.

According to the Arkansas lemon law, a vehicle will qualify as a lemon if it meets the following requirements:

•   * The vehicle must have a defect or nonconformity which substantially impairs the use, value or safety of the vehicle.
•   * The vehicle must have been presented to the manufacturer in order that they might repair the problem.
•   * The problem must still exist after the manufacturer has been permitted a “reasonable” number of attempts to fix the problem. The law defines “reasonable” as four or more attempts.
•   * A vehicle which has a safety defect which is likely to cause death or serious injury in normal use will qualify after two unsuccessful repair attempts.
•   * A vehicle will also qualify if it has been out of service for a cumulative total of 30 days due to attempts to repair the problem.

Should the vehicle qualify, the manufacturer may offer to replace the vehicle. The owner is not required to accept this offer; he or she may ask for a refund of the purchase price, instead. A refund of the purchase price will include the full price paid for the vehicle, along with sales tax, license and registration, credits for trade-in vehicles, dealer-added options, finance charges, rental and/or towing fees, additional extended warranty fees and any other charges that were added to the price at the time of purchase. This refund may be adjusted in the form of a “reasonable allowance” for use of the vehicle. This allowance is calculated by dividing the miles driven into 120,000. The resulting figure represents the percentage of the purchase price which will constitute the allowance for use.

Should the manufacturer refuse to refund the purchase price or replace the vehicle, the owner will have to file a claim through the manufacturer’s informal dispute resolution program. You should have a decision within 40 days from the time you file a complaint through this arbitration program. The ruling of the arbitration panel is binding upon the manufacturer, but not upon the vehicle owner. The owner will retain the right to sue in court should he or she find it necessary. Should the owner prevail in court, he or she shall be permitted to recover attorney’s fees, as well as the price of the vehicle.

Vehicles which are returned to the manufacturer under the lemon law may be resold within the state. Buyers of such vehicles must be notified, in writing, that the vehicle is a buyback vehicle. Please note that Arkansas law does not require that this information be noted on the title of the vehicle, as is required by most states. Furthermore, if the manufacturer agrees to buy back the vehicle without the owner having to resort to arbitration or a lawsuit, the vehicle may be resold without notifying any potential buyers that the vehicle is a buyback. Buyers of used cars should inquire whether or not the vehicle has been returned as defective.

As with buying a used car in Georgia, buyers are encouraged to be cautious.

If you are experiencing problems with your car, pickup truck or van, you may find that you need the aid of an experienced lawyer. LegalMatch can help find an experienced attorney in your area. Confidentiality is protected, all lawyers are licensed, and there is no charge to inquire.

Details can be found the Arkansas Lemon Law page