You are currently viewing our Lemon Law reference page for :
Arkansas – Statute §4-90-401

Vehicles Covered:

Self-propelled Vehicles under 10,000lbs that are designed primarily for transportation of persons or property. Excludes living portions of motor homes.

Persons Covered:

Purchaser or lessee either for the purposes of lease or resale.

Period Covered:

Ends 2 years (24 month) after the vehicle is delivered to the consumer or the first 24000 miles attributable to the consumer, whichever is later.

Notice Requirement:

(a) Manufacturer – must provide a written state-approved notice to the consumer explaining the consumer's rights at the time of lease or purchase; (b) Consumer – none if the manufacturer has failed to notify the consumer of his/her rights at the time of lease or purchase, otherwise the consumer must notify the manufacturer by mail of the need to repair the nonconformity.

Repair Requirements:

After three attempts to repair a nonconformity which "substantially impairs" the motor vehicle or one attempt to repair a nonconformity that is life threatening or which could cause bodily injury, plus one final opportunity to repair.

Affirmative Defenses:

Nonconformity does not impair the use, value or safety of the vehicles; the nonconformity is the result of an accident , of abuse, neglect, or unauthorized alteration by the consumer; claim by consumer was not filed in good faith; other defenses allowed by law; statute of limitations.

Replacement/Refund:

At the consumer's option, the manufacturer must replace with an identical or reasonably equivalent vehicle acceptable to the consumer, or refund the full purchase or lease price less a reasonable use and damage allowance (defined).

Other Reimbursement:

Collateral and reasonably incurred incidental charges. And (3), plus towing and rental costs; Attorney's fees and costs.

Other remedies:

Violation of the statute is a deceptive trade practice. There is no limit on other consumer remedies.

Arbitration:

Consumer must first submit to informal proceedings before commencing a civil action and collecting under the statute and (3) unless the manufacturer allows otherwise. The dispute procedure must comply with 16 C.F.R. 703.1 §4-90-414

Resale of Lemon:

Full written disclosure signed by the consumer required: same express warranty offered to the original purchaser (with a maximum of 1^st 12,000 miles or one year required).