Some used cars may be covered by Arizona’s “lemon” laws. However, this depends on how the vehicle was purchased, whether there is a valid warranty, and when the problems began. In Arizona, there are two legal protections for used car buyers. On one hand, there is the state implied warranty (A.R.S. § 44-1267). On the other hand, there are express warranties, such as the federal Magnuson-Moss Warranty Act.In this article, we’ll explain both so you can understand which defects may qualify and what steps to take if your car has had problems.Used cars in Arizona

Two Laws That May Protect You After Buying a Used Car in Arizona

Arizona has two different legal frameworks for used-car buyers. The first applies to certain sales by dealerships. The other depends on whether there is a valid warranty in place.

Arizona’s Used Car Lemon Law — The 15-Day / 500-Mile Rule

Learn more about how this option works:

Overview Details
Type of coverage Implied warranty of merchantability under A.R.S. § 44-1267
Who it applies to Vehicles sold by authorized dealers
Covered vehicles Used cars with major defects
What is covered Engine, transmission, and brake system
What is not covered Cosmetic damage, air conditioning, and minor issues
Duration of coverage 15 calendar days or 500 miles, whichever comes first
Allowed repair attempts Only 2 attempts by the dealer
Cost to the buyer Up to $25 per repair attempt
What happens if the problem is not repaired The coverage states that the buyer may demand a full refund
Warranty waiver The dealer cannot exclude this warranty during the protected period
Consequence of excluding the warranty The contract may be considered voidable
Situations not covered Misuse, negligence, off-road driving, and lack of maintenance

Arizona law protects you if you have purchased a used car from an authorized dealer. If the vehicle has major defects and the dealer fails to repair them within the allowed number of attempts, you are entitled to a full refund.

When a Remaining Manufacturer’s Warranty Changes Everything

Is your used car still covered by the original manufacturer’s warranty? The situation changes, because you can access the remaining manufacturer’s warranty. Let’s look at the details:

Overview Details
Applicable situation Used vehicles that are still covered by the original manufacturer’s warranty
Common cases Certified Pre-Owned (CPO) cars and low-mileage vehicles
Applicable law Arizona Lemon Law under A.R.S. §§ 44-1261 to 44-1266
Change of ownership The warranty does not reset upon a change of ownership (it remains in effect)
Remaining coverage The new owner inherits the remaining warranty period
Main requirement The defect must significantly affect the vehicle’s use, value, or safety
Required repair attempts Generally 4 failed repair attempts for the same problem
Alternative qualification The vehicle must spend a cumulative total of more than 30 days in the repair shop
Attorney’s fees The manufacturer may be liable to pay attorney’s fees if the consumer wins the case

In these cases, many people often seek the help of an AZ lemon law attorney to recover attorney’s fees from the manufacturer.

What Counts as a Substantial Defect Under Arizona Law?

It is important to note that not all mechanical problems make a car a “lemon.” There is a legal distinction between serious defects and minor inconveniences.

Defects That Can Qualify

These defects typically include:

  • Engine failures
  • Severe transmission problems
  • Brake failures
  • Steering defects
  • Sudden vehicle shutdowns
  • Electrical problems that affect safety

This typically includes situations where the car constantly loses power, making it unreliable to drive. The key is determining whether the problem affects the vehicle’s usability, value, or safety. It is not sufficient to argue that the defect is merely “annoying” or “inconvenient.” 

Defects That Don’t Qualify

Arizona law generally does not cover certain issues, such as:

  • Air conditioning malfunctions
  • Multimedia system errors
  • Cosmetic damage
  • Normal wear and tear
  • Problems caused by the buyer’s negligence
  • Damage caused by accidents occurring after the purchase

However, if the defect falls into a “gray area,” it is always best to first consult an AZ lemon law attorney for cars to determine whether your vehicle may still qualify under Arizona law. 

What Arizona’s Used Car Lemon Law Does NOT Cover

According to A.R.S. § 44-1267, Arizona’s “lemon” law does not apply to: 

  • Sales between private individuals (it applies only to sales by licensed dealerships). 
  • Vehicles purchased at public auctions or those weighing more than 10,000 pounds gross.
  • Commercial vehicles used for business purposes or leased vehicles.

It should be noted that the 15-day or 500-mile protection will never cover problems that arise after that period. If the problem was caused by misuse, negligence, or lack of maintenance, the buyer may lose protection and rights.

However, even if you do not qualify under state law, you can take advantage of the Magnuson-Moss Warranty.

The Federal Backup — Magnuson-Moss Warranty Act

The Magnuson-Moss Warranty Act is a federal law designed to protect consumers when a used car is sold with a written warranty. This warranty may be provided by the manufacturer or the dealership.

It differs from state regulations because this law does not require the same number of repair attempts to file a claim. It can be helpful if the car has recurring problems but you don’t meet Arizona’s thresholds.

You should also know that, if you win the case, the manufacturer must pay the attorney’s legal fees. In other words: you receive compensation without any upfront costs.

However, this law works in conjunction with state regulations; it does not replace them. In addition, the FTC’s Used Car Rule requires dealers to always display a “Buyer’s Guide.” This guide indicates whether the car is covered by a warranty or is being sold “as-is.” If this is not done correctly, it may constitute a legal violation.

Steps to Take If a Used Car Dealer Sold You a Lemon in Arizona

Find out how you can determine if you’re eligible to get your money back and enforce your rights:

Document Everything From Day One

Everything must be documented. Every invoice, every repair order, and every written communication related to the vehicle. You should always keep this information organized by date, because the statute of limitations begins when you receive the car, not when you sign the documents.

We recommend taking a photo of the odometer and noting the names of the service advisors and technicians involved. The more information you have, the better your chances of winning the case.

Report the Problem to the Dealer in Writing

Verbal complaints aren’t enough. You need to write an email or message describing the defect. The goal is to create a formal record that helps establish when repair efforts began. This will be helpful when you work with an AZ lemon law lawyer.

Know When the Dealer Has Used Up Their Repair Chances

If there are two unsuccessful repair attempts, you may be entitled to a refund. Under the manufacturer’s warranty, four or more repair attempts or a cumulative total of 30 days spent at the repair shop are required. Remember that every day counts. You should always request written confirmation of the dates the car was dropped off and picked up.

Get a Legal Opinion Before the Window Closes

The 15-day period can go by quickly. Claims under manufacturer warranties have clear deadlines. You should always seek advice from a lemon law attorney specializing in trucks or cars to find out if you have any legal options.

Frequently Asked Questions About Arizona Lemon Law for Used Cars

Here are more details on how the AZ Lemon Law applies to used cars:

Does Arizona lemon law cover used cars bought from a private seller?

No. Remember that A.R.S. § 44-1267 applies only to licensed dealers. Private sales are “as-is.” However, if the seller intentionally concealed known defects, you could file a complaint against them for fraud.

What if my used car broke down after the 15-day window?

In that case, the state’s implied warranty would not apply. However, if the vehicle was covered by a manufacturer’s warranty, you might be eligible under Arizona’s comprehensive law or under the Magnuson-Moss Act. Consult an attorney for more details.

Can I get a full refund on a defective used car in Arizona?

Yes, under certain circumstances. If the dealer is unable to repair a defect within the legal timeframe, the buyer is entitled to a full refund. The buyer may also request a replacement vehicle.

Does the Arizona lemon law cover used trucks and SUVs?

Yes. The law may cover SUVs, vans, and pickup trucks, provided they meet the legal requirements and are below the weight limit. For more information, we recommend consulting with an Arizona RV lemon law attorney.

How much does it cost to hire a lemon law attorney in Arizona?

Generally, consumers do not pay legal fees out of pocket. Both state law and the Magnuson-Moss Act allow for the recovery of those costs from the manufacturer or dealer, provided the consumer wins the case.

What’s the difference between Arizona’s used car lemon law and the Magnuson-Moss Act?

Arizona’s implied warranty covers an initial short period. This applies regardless of any written warranties. In contrast, the Magnuson-Moss Act applies when there is a formal warranty. In other words, it can extend protections for a longer period.

Not Sure If Your Used Car Qualifies? Find Out for Free.

You shouldn’t just accept a frustrating experience because you bought a used car with problems. Sometimes, you may have legal options available to you.

To find out if A.R.S. § 44-1267 or the Magnuson-Moss Warranty Act applies to your case, it’s best to consult with an Arizona Lemon Law Attorney. At Goodman Lemon Law, we specialize in this area and have achieved excellent results over the years. Read some testimonials from satisfied clients:

I had a business dispute that Michael Goodman handled for me, and I couldn’t be more satisfied with the outcome. He was extremely professional, quick to respond to all my questions, and kept me informed every step of the way. Michael’s expertise and dedication made the entire process smooth, and he resolved my issue efficiently and effectively. I highly recommend him to anyone in need of a skilled and trustworthy attorney. Very happy with our settlement and feel it was fair for all parties. I highly recommend Michael if you need assistance in todays auto purchasing market. We live in a world of recalls and having Michael on your side can be very beneficial for you. I’ve been in business 30+ years used a few attorneys in my day, I can honestly say Michael is one of the great ones. HIs support staff deserves kudos as well. experienced, knowledgeable, communicative, friendly, patient. My Corporation received the results we discussed regarding the GMC lemon we were dealing with and could not be more impressed ! Highly recommend !
Erica Greenhalgh ★★★★★ Ruben Perez ★★★★★ Suzanne Frost ★★★★★

We offer a free consultation to review your case. Contact us now!

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Goodman Lemon Law

935 E Main St., Suite 205,
Mesa. AZ 85203

Office: (480) 808-1538