Arizona State Statutes
Title 44, Article 5
Trade And Commerce
Motor Vehicle Warranties
44-1261 Definitions; exemptions.
A. In this article, unless the context otherwise requires:
1. "Consumer" means the purchaser, other than for purposes of
resale, of a motor vehicle, any person to whom the motor vehicle is transferred during
the duration of an express warranty applicable to the motor vehicle or any other
person entitled by the terms of the warranty to enforce the obligations of the
2. "Motor vehicle" means a self-propelled vehicle designated
primarily for the transportation of persons or property over the public highways.
3. "Used motor vehicle" means a motor vehicle that has been sold,
bargained, exchanged or given away or the title to which has been transferred from the
person who first acquired the vehicle from the manufacturer, importer or dealer or
agent of the manufacturer or importer and that has been placed in bona fide consumer
4. "Used motor vehicle dealer" means a person or business that
sells or offers for sale a used motor vehicle after selling or offering for sale four
or more used motor vehicles in the previous twelve months but does not include a bank
or financial institution, an insurance company, a business selling a used motor
vehicle to an employee of that business, a lessor selling a leased vehicle by or to
the lessee of that vehicle or to an employee of the lessee of that vehicle or a person
who buys, sells, exchanges or offers or attempts to negotiate a sale of or exchange an
interest in a classic car as defined in section 28-2483 or a historic vehicle as
defined in section 28-2484.
B. If the motor vehicle is a motor home, the provisions of this article shall
apply to the self-propelled vehicle and chassis but not to those portions of the vehicle
designed, used or maintained primarily as a mobile dwelling, office or commercial space.
C. The provisions of this article do not apply to a sale of a motor vehicle to
a purchaser for the purpose of resale for profit or to a motor vehicle with a declared
gross weight over ten thousand pounds or that is sold at a public auction.
44-1262 New motor vehicle.
Repair during express warranty or two years or twenty-four thousand miles.
A. If a new motor vehicle does not conform to all applicable express
1. A consumer shall report the nonconformity to the manufacturer, its agent
or its authorized dealer or issuer of a warranty during the shorter of the following:
(a) The term of the express warranty.
(b) The period of two years or twenty-four thousand miles following the
date of original delivery of the motor vehicle to the consumer, whichever is
2. The manufacturer, its agent or its authorized dealer or the issuer of a
warranty shall make those repairs that are necessary to conform the motor vehicle to
such express warranties, even if the repairs are made after the expiration of the term
or two year period or twenty-four thousand mile limit.
B. This section does not limit in any way the remedies available to a consumer
under a new motor vehicle warranty that extends beyond the limits prescribed in this
44-1263 Inability to conform motor vehicle to express warranty.
Replacement of vehicle or refund of monies; affirmative defenses.
A. If the manufacturer, its agents or its authorized dealers are unable to
conform the motor vehicle to any applicable express warranty by repairing or correcting
any defect or condition which substantially impairs the use and value of the motor
vehicle to the consumer after a reasonable number of attempts, the manufacturer shall
replace the motor vehicle with a new motor vehicle or accept return of the motor vehicle
from the consumer and refund to the consumer the full purchase price, including all
collateral charges, less a reasonable allowance for the consumer's use of the vehicle.
The manufacturer shall make refunds to the consumer and lien holder, if any, as their
interests appear. A reasonable allowance for use is that amount directly attributable to
use by the consumer before his first written report of the nonconformity to the
manufacturer, agent or dealer and during any subsequent period when the vehicle is not
out of service by reason of repair.
B. It is an affirmative defense to any claim under this article that either:
1. An alleged nonconformity does not substantially impair the use and market
value of the motor vehicle.
2. A nonconformity is the result of abuse, neglect or unauthorized
modifications or alterations of the motor vehicle.
44-1264 Reasonable number of attempts.
To conform motor vehicle to express warranty; presumption.
A. It is presumed that a reasonable number of attempts have been undertaken to
conform a motor vehicle to the applicable express warranties if either:
1. The same nonconformity has been subject to repair four or more times by
the manufacturer or its agents or authorized dealers during the shorter of the express
warranty term or the period of two years or twenty-four thousand miles following the
date of original delivery of the motor vehicle to the consumer, whichever is earlier,
but the nonconformity continues to exist.
2. The motor vehicle is out of service by reason of repair for a cumulative
total of thirty or more calendar days during the shorter of the express warranty term
or the two year period or twenty-four thousand miles, whichever is earlier.
B. The term of an express warranty, the two year period and the thirty day
period are extended by any period of time during which repair services are not available
to the consumer because of any war, invasion, strike, fire, flood or other natural
C. The presumption prescribed in this section does not apply against a
manufacturer unless the manufacturer has received prior direct written notification from
or on behalf of the consumer of the alleged defect and has had an opportunity to cure
the alleged defect.
44-1265 Non-limitation of rights.
Refund or replacement not required if certain procedures not followed; attorney fees.
A. If a manufacturer has established or participates in an informal dispute
settlement procedure which complies in all respects with 16 code of federal regulations
part 703, section 44-1263 relating to refunds or replacement does not apply to any
consumer who has not first resorted to such a procedure.
B. A consumer shall begin an action under this article within six months
following the earlier of expiration of the express warranty term or two years or
twenty-four thousand miles following the date of original delivery of the motor vehicle
to the consumer, whichever is earlier. If a consumer prevails in an action under this
article, the court shall award the consumer reasonable costs and attorney fees.
44-1266 Notice to dealers and prospective purchasers.
A. A manufacturer who has been ordered by judgment or decree to replace or
repurchase or who has replaced or repurchased a motor vehicle pursuant to this article
or the repair or replace laws of another state shall, before offering the motor vehicle
for resale, attach to the motor vehicle written notification indicating the motor
vehicle has been replaced or repurchased. A consumer has a cause of action against any
person who removes the written notification from the motor vehicle, except as provided
in subsection B of this section.
B. A motor vehicle dealer, broker, wholesale motor vehicle dealer or wholesale
motor vehicle auction dealer as defined in section 28-4301 who offers for sale a motor
vehicle that has been replaced or repurchased pursuant to this article or the repair or
replace laws of another state shall provide the purchaser with the manufacturer's
written notification indicating that the motor vehicle has been replaced or repurchased
before completion of the sale.
C. It shall constitute an affirmative defense in an action brought pursuant to
subsection A of this section against a motor vehicle dealer or an agent of a motor
vehicle dealer that the notification described in subsection A of this section was
removed by someone other than the dealer or agent without the knowledge of the dealer or
44-1267 Used motor vehicles.
Title; implied warranty of merchantability disclaimer; waiver; burden of proof;
A. Unless the seller is a used motor vehicle dealer, before the seller
attempts to sell a used motor vehicle the seller shall possess the title to the used
motor vehicle and the title shall be in the seller's name.
B. Except as provided in subsection I of this section and in addition to the
requirements of section 28-4412, a used motor vehicle dealer shall not exclude, modify
or disclaim the implied warranty of merchantability prescribed in section 47-2314 or
limit the remedies for a breach of that warranty, except as otherwise provided in this
section, before midnight of the fifteenth calendar day after delivery of a used motor
vehicle or until a used motor vehicle is driven five hundred miles after delivery,
whichever is earlier. In calculating time under this subsection, a day on which the
warranty is breached is excluded and all subsequent days in which the motor vehicle
fails to conform with the implied warranty of merchantability is also excluded. In
calculating distance under this subsection, the miles driven to obtain or in connection
with the repair, servicing or testing of the motor vehicle that fails to conform with
the implied warranty of merchantability are excluded. An attempt to exclude, modify or
disclaim the implied warranty of merchantability or to limit the remedies for a breach
of that warranty, except as otherwise provided in this section, in violation of this
subsection renders a purchase agreement voidable at the option of the purchaser.
C. For the purposes of this section, the implied warranty of merchantability
is met if the motor vehicle functions in a safe condition as provided in title 28,
chapter 3, article 16 and is substantially free of any defect that significantly limits
the use of the motor vehicle for the ordinary purpose of transportation on any public
highway. The implied warranty of merchantability expires at midnight of the fifteenth
calendar day after delivery of a used motor vehicle or until a used motor vehicle is
driven five hundred miles after delivery, whichever is earlier. In calculating time
under this subsection, a day on which the warranty is breached is excluded and all
subsequent days in which the motor vehicle fails to conform with the implied warranty of
merchantability is also excluded. In calculating distance under this subsection, the
miles driven to obtain or in connection with the repair, servicing or testing of the
motor vehicle that fails to conform with the implied warranty of merchantability are
D. The implied warranty of merchantability described in this section does not
extend to damage that occurs after the sale of the motor vehicle and that is the result
of any abuse, misuse, neglect, failure to perform regular maintenance or to maintain
adequate oil, coolant or other required fluid or lubricant or off road use, racing or
E. If the implied warranty of merchantability described in this section is
breached, the purchaser shall give reasonable notice to the seller. Before the purchaser
exercises any other remedies under title 47, chapter 2, the seller shall have a
reasonable opportunity to repair the vehicle. The purchaser shall pay one-half of the
cost of the first two repairs necessary to bring the vehicle in compliance with the
warranty. The purchaser's payments are limited to a maximum payment of twenty-five
dollars for each repair.
F. The maximum liability of the seller under this section is limited to the
purchase price paid for the used motor vehicle.
G. An agreement for the sale of a used motor vehicle by a used motor vehicle
dealer is voidable at the option of the purchaser unless it contains on its face the
following conspicuous statement printed in bold-faced ten point or larger type set off
from the body of the agreement:
The seller hereby warrants that this vehicle will be fit for the ordinary
purposes for which the vehicle is used for 15 days or 500 miles after delivery,
whichever is earlier, except with regard to particular defects disclosed on the first
page of this agreement. You (the purchaser) will have to pay up to $25.00 for each of
the first two repairs if the warranty is violated.
H. The inclusion of the statement prescribed in subsection G of this section
in the agreement does not create an express warranty.
I. A purchaser of a used motor vehicle may waive the implied warranty of
merchantability described in this section only for a particular defect in the vehicle
and only if all of the following conditions are satisfied:
1. The used motor vehicle dealer fully and accurately discloses to the
purchaser that because of circumstances unusual to the used motor vehicle dealer's
business, the used motor vehicle has a particular defect.
2. The purchaser agrees to buy the used motor vehicle after disclosure of
3. Before the sale, the purchaser indicates agreement to the waiver by
signing and dating the following conspicuous statement that is printed on the first
page of the sales agreement in bold-faced ten point or larger type and that is written
in the language in which the presentation was made:
Attention purchaser: sign here only if the dealer told you that this vehicle
has the following problem(s) and that you agree to buy the vehicle on those terms:
J. The dealer has the burden to prove by a preponderance of the evidence that
the dealer complied with subsection I of this section.
K. Any purchaser or seller who is aggrieved by a transaction pursuant to this
section and who seeks a legal remedy shall pursue any appropriate remedy prescribed in
title 47, chapter 2 and shall comply with the requirements prescribed in title 47,