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Alaska Lemon Law
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Alaska Lemon Law
Millions of used cars have costly hidden problems.
You should use vehicle history reports to
confirm a clean history or check for:
By knowing the REAL history of a used car,
Before you are entitled to a refund or replacement, there are some qualifications and procedures that must be followed.
The following are Alaska State Lemon Law
and Aids information:
Success in using state lemon laws depends
upon three things:
Are you paying too much for car insurance?
|Leased cars covered?||
Any land vehicle having four or more wheels, that is self-propelled by a motor, is normally used for personal, family, or household purposes, and is required to be registered. Does not include a tractor, farm vehicle, or a vehicle designed primarily for off-road use.
|Three unsuccessful repairs or 30 business days out of service within one year or warranty, whichever is shorter.||Certified mail notice sent to manufacturer and dealer, or agent, within 60 days after expiration of warranty or one year. Buyer must demand refund or replacement to be delivered within 60 days after mailing the notice. Final repair attempt within 30 days of receipt of notice.||No||
Office of the Attorney General
Filing a complaint: guide and form.
If the manufacturer does not provide the required refund or replacement, you should consider legal action on your claim.
Consider consulting with an attorney. If you do not have an attorney, contact the Alaska Bar Association’s Lawyer Referral Service in Anchorage. The telephone number is 272-0352 (outside of Anchorage call toll-free (800) 770-9999). Some labor union contracts allow for legal services. If you have this coverage, contact your union representative for assistance.
|Lemon Law Lawyers:|
|Alaska Lemon Law|
Alaska State Statutes
Title 45, Chapter 45
45.45.300 Repairs required.
If a new motor vehicle does not conform to an express warranty that is applicable to it and the owner of the vehicle reports the defect or condition to the manufacturer of the vehicle or to the manufacturer's or distributor's dealer during the term of the warranty, the manufacturer, distributor, dealer, or a repairing agent shall make the necessary repairs to conform the vehicle to the express warranty.
45.45.305 Replacement or refund.
If during the term of the express warranty or within one year from the date of delivery of the motor vehicle to the original owner, whichever period terminates first, the manufacturer, distributor, dealer, or repairing agent is unable to conform the motor vehicle to an applicable express warranty after a reasonable number of attempts, the manufacturer or distributor shall accept the return of the nonconforming motor vehicle, and, at the owner's option, shall replace the nonconforming vehicle with a new, comparable vehicle or shall refund the full purchase price to the owner less a reasonable allowance for the use of the motor vehicle from the time it was delivered to the original owner. A refund under this section shall be made to a lien holder of record, if any, and the owner, as their interests may appear.
45.45.310 Notice by owner.
In order to claim a refund or replacement under AS 45.45.305 , the owner shall give written notice by certified mail to the manufacturer and its dealer or repairing agent at any time before 60 days have elapsed after the expiration of the express warranty or the one-year period after the date of delivery of the motor vehicle to the original owner, whichever period terminates first,
Within 30 days after receiving the notice required by this section the manufacturer may make a final attempt to conform the vehicle before a refund or replacement is made under AS 45.45.305.
An owner may not receive a refund or replacement under AS 45.45.300 - 45.45.360 if the manufacturer or distributor shows that the nonconformity complained of
(1) does not substantially impair either the use or the market value of the motor vehicle; or
(2) is the result of
A presumption that a reasonable number of attempts have been made to conform a motor vehicle under an applicable express warranty is established if:
45.45.325 Parts availability.
A manufacturer whose vehicles are sold in the state through an authorized dealer shall provide its dealer or repairing agent with any part necessary to make a repair of a nonconformity covered under an express warranty, as soon as possible, without additional charge for freight or handling, if the part is not in the dealer's or agent's inventory when the nonconforming vehicle is brought to the dealer or repairing agent for repair.
45.45.330 Failure to replace or refund.
A manufacturer or distributor who fails to refund the full purchase price of a motor vehicle or replace the motor vehicle when there is a requirement to do so under AS 45.45.300 - 45.45.360 is presumed to have committed an unfair trade practice under AS 45.50.471 .
45.45.335 Resale without disclosure prohibited.
A motor vehicle returned under AS 45.45.305 may not be resold by the manufacturer or distributor in the state unless full disclosure of the reason for the return is made to the prospective buyer before the resale is concluded.
45.45.340 Other rights and remedies.
The provisions of AS 45.45.300 - 45.45.360 do not limit other rights and remedies that may be available to the owner of a motor vehicle under other provisions of law. This section does not create a new cause of action against a dealer or repairing agent who sells or attempts to repair a motor vehicle found to be nonconforming under AS 45.45.300 - 45.45.360.
45.45.345 Repair facilities.
A manufacturer or distributor or motor vehicles who authorizes the sale of the manufacturer's or distributor's motor vehicles in the state shall maintain authorized dealership facilities within the state that are able to perform the service and make the repairs required by the manufacturer's express warranty and by AS 45.45.300 - 45.45.360.
45.45.350 Reimbursement of shipping costs.
A manufacturer or distributor who accepts the return of a nonconforming motor vehicle under AS 45.45.305 shall reimburse the owner for any reasonable cost incurred in shipping the vehicle to and from the nearest authorized facility for warranty service and repair of a nonconformity that causes the return of the vehicle.
45.45.355 Arbitration or mediation.
If a manufacturer or distributor has established an informal dispute settlement procedure that substantially complies with the requirements of 16 C.F.R. 703, as that section may be amended, or if the manufacturer or distributor, after receipt of notice required by AS 45.45.310, offers in writing to participate in an arbitration or mediation process with the owner and the arbitration or mediation decision is binding on the manufacturer or distributor but not on the owner, and if the informal dispute settlement or arbitration or mediation process is approved by the attorney general, the provisions of AS 45.45.305 concerning refund or replacement or AS 45.45.350 concerning shipping costs do not apply to an owner who has not first resorted to the informal dispute settlement procedure or arbitration or mediation process.
In AS 45.45.300 - 45.45.360,
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Alaska Lemon Law
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