Alaska Lemon Law

The Alaska Motor Vehicle Warranties Act (AS 45.45.300-360) covers new, self-propelled motor vehicles with four or more wheels that are required to be registered in Alaska and used primarily for personal, family, or household purposes. Tractors, farm vehicles, and vehicles designed mainly for off-road use are excluded. Coverage runs for the express warranty term or one year from the date of delivery to the original owner, whichever ends first. The defect must substantially impair the vehicle's use or market value and cannot result from owner abuse, neglect, or unauthorized modification.

Under AS 45.45.305, a reasonable number of repair attempts is presumed when the same nonconformity has been subject to repair three or more times by the manufacturer, distributor, dealer, or repairing agent and the defect continues to exist. Alternatively, the presumption applies if the vehicle has been out of service for repair for a cumulative total of 30 or more business days during the warranty term or one-year period. Alaska is unusual in counting business days, not calendar days, so weekends and state holidays do not count toward the 30-day total.

No. Alaska's lemon law applies only to new motor vehicles delivered to the original consumer and still within the express warranty or first year. Used cars are not covered, even if the manufacturer's warranty is still in effect when sold to a second owner. Buyers of used vehicles in Alaska may have remedies under the federal Magnuson-Moss Warranty Act (if a written warranty exists), the Alaska Unfair Trade Practices Act (AS 45.50.471) for deceptive sales practices, or common-law breach-of-warranty claims under Alaska's Uniform Commercial Code provisions.

Two deadlines matter. First, you must give written notice by certified mail to the manufacturer (and its dealer or repairing agent) within 60 days after the express warranty or one-year period ends, whichever is earlier. Second, the statute of limitations for breach-of-warranty actions in Alaska is generally four years under the UCC (AS 45.02.725), measured from the date of breach. Missing the 60-day notice deadline can defeat the lemon law remedy even if the four-year UCC clock is still running, so prompt written notice is essential.

If the manufacturer has established an informal dispute settlement procedure that substantially complies with 16 C.F.R. Part 703 (commonly BBB AUTO LINE), AS 45.45.345 requires the consumer to first use that procedure before invoking the refund-or-replacement remedy. The decision is non-binding on the consumer, so you can reject the outcome and file suit. If the manufacturer maintains no qualifying program, or fails to disclose it, you may proceed directly to court without arbitrating.

If the manufacturer cannot conform the vehicle to warranty after a reasonable number of repair attempts, Alaska law gives the consumer the choice of (1) replacement with a comparable new vehicle or (2) refund of the full purchase price, less a reasonable allowance for use. Reasonable shipping charges are also reimbursable. Because failure to comply triggers a presumption of an unfair trade practice under AS 45.50.471, consumers may also recover treble actual damages (minimum $500) and reasonable attorneys' fees under Alaska's UTPA.