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The lemon law in the state of Arkansas is found in the “Arkansas New Motor Vehicle Quality Assurance Act”, 1993. By passing this Act, the State has recognized the consumer’s right to peaceful ownership of the vehicle that he has purchased. It gives the remedial measures also in case the vehicle does not abide by the warranty.

Manufacturer’s obligations

The manufacturer is mandated to make known to the consumer all his rights under the vehicle’s warranty at the time of the purchase. The warranty should be in writing.

In the event that the vehicle does not confer to the warranty, then upon a written intimation from the consumer, the manufacturer or his dealer should undertake immediate repairs.

Even after at least five attempts at repair or keeping the vehicle non-operational for 30 days due to repairs, the defect persists, then the manufacturer can either replace the vehicle with a new one, or refund the amount to the buyer.

In case of a refund, the amount should also include all incidental costs incurred by the consumer due to the defect. He can however deduct reasonable charges for normal depreciation of the vehicle.

The right to demand either a refund or a replacement is of the consumer.

Every time the vehicle is repaired, the manufacturer should give details about the repairs to the consumer.

Defenses available to the manufacturer

The manufacturer can escape his liability, if he can prove that the defect is caused due to the consumer’s abuse, negligence, etc. and not any manufacturing defect.

Dispute resolution

The manufacturer may set-up an informal arbitration mechanism for dispute resolution. He should notify the consumer of the same. If a dispute arises, then the consumer has to approach this mechanism first and only then will he be able to avail other remedial provision of the Act.

If the above fails, then the consumer is free to initiate a civil action against the manufacturer in a civil court. This action has to be brought within two years of the occurrence of the defect.

In case the consumer wins his civil action, then he will be entitled to damages as well as costs from the manufacturer.

The US federal law governing lemons is officially called The Magnuson-Moss Warranty Act, however, most American states each have their own lemon law.


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