Arkansas Lemon Law

The Arkansas New Motor Vehicle Quality Assurance Act (Ark. Code Ann. 4-90-401 et seq.) covers new motor vehicles purchased or leased in Arkansas for personal, family, or household use and weighing less than 10,000 pounds. Coverage runs for the earlier of two years or 24,000 miles from original delivery. Motorcycles, mopeds, vehicles designed primarily for off-road use, and the living facilities of motor homes are excluded. The defect must substantially impair the use, market value, or safety of the vehicle and cannot result from abuse, neglect, or unauthorized modification by the consumer.

Under Ark. Code Ann. 4-90-406, the law presumes a reasonable number of repair attempts have been made if (1) the same nonconformity has been subject to repair three or more times and continues to exist, (2) the vehicle has been out of service for repair of one or more defects for a cumulative 30 calendar days, or (3) for serious safety defects likely to cause death or serious bodily injury, the same nonconformity has been subject to repair just one time and continues to exist. The five-attempt threshold for separate problems is also recognized.

No. The Arkansas Lemon Law applies only to new motor vehicles. Used cars do not qualify, even if the manufacturer's original warranty is still in effect when resold. Used-vehicle buyers in Arkansas may pursue claims under the federal Magnuson-Moss Warranty Act (15 U.S.C. § 2301 et seq.) for written warranty breaches, the Arkansas Deceptive Trade Practices Act (Ark. Code Ann. 4-88-101) for unfair sales tactics, or breach-of-warranty claims under Arkansas's UCC. Some used-car dealer warranties may also offer contractual remedies.

Yes. Ark. Code Ann. 4-90-402 expressly defines 'consumer' to include a lessee under a written lease of a new motor vehicle. Lemon-law remedies apply to leased vehicles on the same terms as purchased vehicles, with refunds going to both the lessee (for payments and capitalized cost reduction) and the lessor (for the unrecovered capitalized cost). The lease must be of a new vehicle registered in Arkansas and used primarily for personal, family, or household purposes.

Yes, in most cases. Under Ark. Code Ann. 4-90-409, if the manufacturer has an informal dispute settlement procedure certified by the Arkansas Attorney General, the consumer must first file with that program (commonly BBB AUTO LINE) before suing for refund or replacement. The filing deadline is two years from the date the nonconformity was first reported. The arbitrator's decision is non-binding on the consumer. If the manufacturer fails to give the required written notice of the program, or has no certified program, you may file directly in Arkansas circuit court.

If the manufacturer cannot conform the vehicle to warranty after a reasonable number of attempts, the consumer may choose either (1) a comparable replacement vehicle or (2) a refund of the full purchase price, including taxes, license fees, registration fees, and other collateral charges, less a reasonable offset for use computed as (price x consumer miles) / 120,000. Attorneys' fees and costs are recoverable. Where the conduct is willful or deceptive, the Arkansas Deceptive Trade Practices Act (Ark. Code Ann. 4-88-113) authorizes treble damages and additional fee recovery.