The Lemon Law in Arkansas

Arkansas's lemon law covers new or previously untitled motor vehicles bought or leased by consumers (not mopeds, motorcycles, the living quarters of motor homes, or vehicles over 14,000 pounds gross vehicle weight rating other than motor homes). Defects reported during the "motor vehicle quality assurance period" (24 months or 24,000 miles from delivery, whichever is later) must be repaired. After three repair attempts for the same defect, or one attempt for a defect likely to cause death or serious injury, the consumer must notify the manufacturer by certified or registered mail and allow a final repair attempt. A reasonable number of attempts is presumed after that, or after 30 cumulative calendar days out of service, or five or more repair attempts on separate occasions for defects that together substantially impair the vehicle. If the vehicle still is not fixed, the manufacturer must within 40 days replace it or repurchase it, with a reasonable offset for use; the consumer has an unconditional right to choose a refund.

1) Written notice and final repair attempt: after three repair attempts for the same defect that substantially impairs the vehicle, or one attempt for a defect likely to cause death or serious bodily injury, the consumer must notify the manufacturer in writing, by certified or registered mail, so it can make a final attempt to fix it. Within 10 days after receiving the notice, the manufacturer must offer a repair at a reasonably accessible facility, and then has 10 days after the vehicle is delivered there to fix it. If it misses either deadline, the final-attempt requirement no longer applies and a reasonable number of repair attempts is conclusively presumed. 2) Arbitration: every manufacturer doing business in Arkansas must run or take part in an informal dispute settlement proceeding located in the state that meets federal rules (16 C.F.R. Part 703). Consumers may not be charged a fee to use it, and the manufacturer must carry out an accepted decision within a set time of no more than 30 days. The consumer must use this proceeding before suing if the dealer gave the consumer, at purchase or lease, the Attorney General-prepared written statement of lemon law rights; if that disclosure was not made, the consumer may sue directly. Arkansas has no state-run arbitration program. 3) Deadline: a lawsuit must be started within two years after the consumer first reports the defect to the manufacturer, its agent or authorized dealer; if the consumer starts the informal proceeding, the two years begin when that proceeding starts. A consumer who prevails recovers costs and attorney's fees.

The lemon law covers only new or previously untitled vehicles. The Attorney General explains that federal law requires used-car dealers to post a Buyers Guide saying whether the car is sold "as is" or with a warranty, and that if you buy a car "as is" and have problems with it, you must pay for any repairs yourself. Neither state nor federal law gives a buyer an unconditional right to cancel a car purchase. If a dealer lets you take a car before financing is final and then changes the terms (a "yo-yo" sale), you have the right to cancel without penalty.