Alaska Lemon Laws

Alaska lemon laws are dealt with in Alaska Statutes Title 45, Chapter 45, Article 6 (Motor Vehicle Warranties) Section 45.45.300 et seq.  The law is known as ‘Motor Vehicle Warranties.’

Nonconformity to an applicable express warranty is deemed to be a defect of the vehicle under Section 45.45.300.  The consumer, who is the owner of the motor vehicle, should notify the manufacturer of such nonconformity within the expiration of the term of express warranty or the one-year period after the date of delivery of the motor vehicle to the original owner, whichever period terminates first.  This time limit is prescribed in Section 45.45.310.

During this prescribed time limit, if the manufacturer is unable to conform the motor vehicle to an applicable express warranty after a reasonable number of attempts, the consumer can claim a remedy of replacement or refund.  Pursuant to Section 45.45.305, the manufacturer or distributor should accept the return of the nonconforming motor vehicle.  At the same time, replace the nonconforming vehicle with a new, comparable vehicle or should refund the full purchase price to the owner after reducing a reasonable allowance for the use of the motor vehicle.  The consumer has the option to decide whether he wants a remedy of replacement or refund.

Alaska Stat. § 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.

Alaska Stat. § 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 lienholder of record, if any, and the owner, as their interests may appear.

Alaska Stat. § 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, (1) stating that the vehicle has a nonconformity; (2) providing a reasonable description of the nonconformity; (3) stating that the manufacturer, distributor, dealer, or repairing agent has made a reasonable number of attempts to conform the vehicle; and (4) stating that the owner demands a refund or replacement vehicle to be delivered on the 60th day after the mailing of the written notice. 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.


Inside Alaska Lemon Laws