Arizona Lemon Law Attorneys

Which Arizona court hears a lemon law lawsuit if arbitration fails?

Usually the Superior Court in the county where you live or where the car was sold, and for Phoenix, Mesa, Chandler, Scottsdale, Tempe and Surprise that's the Superior Court in Maricopa County. Tucson and Oro Valley are in Pima County, Flagstaff is in Coconino County, Prescott in Yavapai, Yuma in Yuma County and Lake Havasu City in Mohave County, and each of those counties has its own Superior Court. The city of Maricopa is actually in Pinal County, while Queen Creek, per the 2020 Census, has parts in both Maricopa County and Pinal County. Smaller civil claims can go to a lower court instead, so the amount in dispute can change where a case is filed. Federal District Court is possible under Magnuson-Moss (15 U.S.C. §2310(d)(1)) when damages exceed $50,000 or party diversity permits it. Which court hears a particular case still depends on its facts, the warranty issues involved and the law it is brought under.

What do Arizona lemon law attorneys need from you?

Paperwork, and the repair orders more than anything, since each attempt gets counted from a dealer repair order, and we want one for every visit, even the ones where nothing was fixed.

• The purchase or lease contract, which shows the delivery date that starts the 2-year, 24,000-mile period
• The warranty booklet, which shows the express warranty term
• Emails, texts and letters with the dealer or manufacturer
• Receipts for towing, rentals and lodging, which are often recoverable

It helps to write down the date, the mileage and the symptom each time. You can also look up your VIN for recall notices at nhtsa.gov/recalls.

Does the Arizona statute have a right to cure?

Yes, Arizona gives the manufacturer one final attempt. The presumption only applies after the manufacturer itself received prior direct written notification and had that chance to cure (A.R.S. §44-1264(C)).

How is the buyback offset figured under Arizona lemon laws?

Arizona has its own rule for the allowance. It covers your use before your first written report of the defect to the manufacturer, its agent or the dealer, plus later use while the vehicle is not in the shop for repair. Many other states use a formula instead, mileage divided by the car's useful life of 100,000 to 120,000 miles, times the price, so we check the manufacturer's numbers against the Arizona rule before anything is signed. Registration, taxes and finance charges usually go back into the refund, and so can towing or rental costs, while attorney fees get paid separately from the buyback.

Arizona lemon law or a UCC implied warranty?

The UCC implied warranties are merchantability under UCC §2-314, which applies to sales of goods by merchants, used cars included, and fitness for a particular purpose under UCC §2-315 when the buyer relied on the seller's advice for a specific use, like towing. "Merchantable" is a lower bar than the lemon law's substantial impairment, but the Arizona statute, Ariz. Rev. Stat. §44-1261 to §44-1267, is the one with the repair thresholds and the buyback remedy, so we look at the three side by side.