Arizona lemon laws are dealt with in Arizona Revised Statutes Title 44, Chapter 9, Article 5 (Motor Vehicle Warranties) Section 44-1261 et seq. The law is known as ‘Motor Vehicle Warranties.’ ‘Defect’ of a vehicle, under Section 44-1263, is the inability to conform the motor vehicle or nonconformity to any applicable express warranty by repairing or correcting any defect or condition which substantially impairs the use and value of the motor vehicle.
Pursuant to Section 44-1262, a consumer is required to report any nonconformity to the manufacturer within the term of the express warranty, or within the period of two years or twenty-four thousand miles after the date of original delivery of the motor vehicle to the consumer, whichever is earlier.
In the event that a manufacturer, its agents or its authorized dealers are unable to conform the motor vehicle to the applicable express warranty by repairing or correcting any such defect or condition, the manufacturer should either replace the motor vehicle with a new motor vehicle or accept return of the motor vehicle from the consumer. In the latter case, the manufacturer should refund to the consumer the full purchase price, including all collateral charges. From this amount a reasonable allowance for the consumer’s use of the vehicle will be reduced. These remedies are provided in Section 44-1263.
A.R.S. § 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 warranties:
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 earlier.
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 section.
A.R.S. § 44-1263
Inability to conform motor vehicle to express warranty; replacement of vehicle or refund of monies; affirmative defenses; tax refund
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 lienholder, 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.
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