How Can I Assert My Rights?

If the manufacturer does not accept your Lemon Law claim and will not refund your money or replace your vehicle, you must file for a hearing through the manufacturer`s informal dispute settlement program before you can use the Lemon Law in court, if the manufacturer provides notice to you that the program is available and if the program is certified by the Arkansas Attorney General.

You will not have to pay any fee to use the settlement program. Usually, you submit your complaint in writing to the program with copies for your records. Generally, your case must be decided within 40 days after the time your complaint is received. You may accept or reject the program`s decision. If you accept, the manufacturer must also accept and has 30 days to comply. There is no appeal process for the manufacturer.

If you do not agree with the program`s decision, you can reject it and go to court to assert your right to a replacement, refund or other relief. If you go to court, the judge may consider the program`s decision in deciding your case.

You are required to use the informal dispute program only if you want to use the Lemon Law`s standard of reasonable attempts to repair. You may have other causes of action or rights outside of the Lemon Law. It is a good idea to consult an attorney regarding these options.

If you win in the Manufacturer`s Informal Dispute Procedure or if your win in court, you can receive the following:

refund of vehicle purchase price or leasing costs, including sales tax
manufacturer or dealer installed accessories
finance charges (if any)
reasonable attorney`s fees
reasonable costs of a rental vehicle while your vehicle is out of service because of the defect

Other Arkansas Lemon Law FAQs

Q: Who Is Covered Under The Lemon Law?
A: Any consumer who buys or leases, and registers a new motor vehicle in the State of Arkansas is covered by the Lemon Law. If the vehicle is transferred to someone else … More
Q: What Vehicles Are Covered Under The Lemon Law?
A: The following table summarizes what is covered, how many times the vehicle has to be repaired for the same defect and the warranty period. Vehicles Covered Repair … More
Q: Under What Conditions Does The State Consider My Vehicle A Lemon?
A: The law creates what is known in legal terminology as a presumption; the Lemon Law presumes that you are entitled to a refund or replacement if the manufacturer or its … More
Q: Getting Your Vehicle Repaired
A: It is very important that you report any defect or condition directly to the manufacturer or to the dealer immediately. It is also important that you keep all repair … More
Q: Who Pays For The Repairs?
A: Most manufacturers` warranties on purchased vehicles cover repairs for at least the first year following the original delivery date or the first 12,000 miles, … More
Q: How Long Should The Repair Attempt Process Take?
A: The Lemon Law allows the manufacturer a reasonable number of attempts to repair or correct the defect. A reasonable number means three (3) repair attempts for the same … More
Q: How Do I Get A Refund Or Replacement From The Manufacturer?
A: Replacement The manufacturer may offer to replace your original vehicle; however, you do not have to accept the offer. You may say NO and demand a refund. If … More
Q: Can The Manufacturer Resell Or Re-Lease A Lemon Vehicle?
A: Yes, but the dealer or leasing company must give the consumer who buys such a vehicle a written notice stating that the vehicle was returned to the manufacturer … More
Q: What Is The Law On Odometer Rollbacks?
A: It is illegal to tamper with an odometer. It is also illegal to sell or advertise any device for tampering with an odometer. Additionally, it is unlawful to operate a … More
Q: What If My Problem Does Not Fit The Requirements Of My State's Lemon Law?
A: You still may be able to invoke the Lemon Law as long as you can justify that the number of repair attempts or days out of service you encountered were unreasonable. … More