Arkansas Lemon Law Summary

Arkansas Lemon Law Summary
New Motor Vehicle Quality Assurance Act
The following is a brief explanation of most relevant provisions of the Arkansas lemon
law. The complete text of the lemon law can be found at Ark. Code Ann. 4-90-401 et
The Arkansas lemon law covers motor vehicles that are licensed, purchased, or leased in
Arkansas and primarily designed for transportation of persons or property over public
streets and highways.
The lemon law excludes mopeds, motorcycles, the living facilities of motor homes,
vehicles with a G.V.W. rating over 13,000 pounds (other than motor homes), and any
vehicle over 10,000 lbs. G.V.W.R. that has been substantially altered after its initial sale
from a dealer. Used vehicles might be covered if transferred during the MVQA period.
The lemon law covers:
1. The purchaser or lessee, other than for the purpose of resale or sublease, of a new
or previously untitled motor vehicle, provided the motor vehicle is titled and
registered as prescribed by law; or
2. Any other “person” entitled to enforce the obligations of a manufacturer’s new
vehicle warranty during the duration of the Motor Vehicle Quality Assurance
period [see definition below], provided the motor vehicle is titled and registered
as prescribed by law.
The definition of “person” includes any natural person, a partnership, firm, corporation,
association, joint venture, trust, or other legal entity.
The lemon law covers vehicle nonconformities. A nonconformity means any specific
or generic defect or condition, or any concurrent combination of defects or conditions,
1. Substantially impairs the use, market value, or safety of a motor vehicle; or
2. Renders the vehicle nonconforming to the terms of an applicable manufacturer’s
express warranty or implied warranty of merchantability.
The lemon law provides the manufacturer with an affirmative defense if it can be shown
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