Alaska
Lemon Law
Title 45, Chapter 45, Sections 300 -
360
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AS 45.45.300. Repairs Required.
If a new motor vehicle does not conform
to an express warranty that is applicable
to it and the owner of the vehicle reports
the defect or condition to the manufacturer
of the vehicle or to the manufacturer’s
or distributor’s dealer during
the term of the warranty, the manufacturer,
distributor, dealer, or a repairing
agent shall make the necessary repairs
to conform the vehicle to the express
warranty.
AS 45.45.305. Replacement or Refund.
If during the term of the express warranty
or within one year from the date of
delivery of the motor vehicle to the
original owner, whichever period terminates
first, the manufacturer, distributor,
dealer, or repairing agent is unable
to conform the motor vehicle to an applicable
express warranty after a reasonable
number of attempts, the manufacturer
or distributor shall accept the return
of the nonconforming motor vehicle,
and, at the owner's option, shall replace
the nonconforming vehicle with a new,
comparable vehicle or shall refund the
full purchase price to the owner less
a reasonable allowance for the use of
the motor vehicle from the time it was
delivered to the original owner. A refund
under this section shall be made to
a lienholder of record, if any, and
the owner, as their interests may appear.
AS 45.45.310. Notice By Owner.
In order to claim a refund or replacement
under AS 45.45.305, the owner shall
give written notice by certified mail
to the manufacturer and its dealer or
repairing agent at any time before 60
days have elapsed after the expiration
of the express warranty or the one-year
period after the date of delivery of
the motor vehicle to the original owner,
whichever period terminates first, (1)
stating that the vehicle has a nonconformity;
(2) providing a reasonable description
of the nonconformity; (3) stating that
the manufacturer, distributor, dealer,
or repairing agent has made a reasonable
number of attempts to conform the vehicle;
and (4) stating that the owner demands
a refund or replacement vehicle to be
delivered on the 60th day after the
mailing of the written notice. Within
30 days after receiving the notice required
by this section the manufacturer may
make a final attempt to conform the
vehicle before a refund or replacement
is made under AS 45.45.305.
AS 45.45.315. Exceptions.
An owner may not receive a refund or
replacement under AS 45.45.300 - 45.45.360
if the manufacturer or distributor shows
that the nonconformity complained of
(1) does not substantially
impair either the use or the market
value of the motor vehicle; or
(2) is the result of:
(A) alteration of the
motor vehicle by the owner or a person
other than a dealer or repairing agent
that is not authorized by the manufacturer
or distributor; or
(B) abuse or neglect
by the owner or a person other than
the dealer or repairing agent.
AS 45.45.320. Presumption.
A presumption that a reasonable number
of attempts have been made to conform
a motor vehicle under an applicable
express warranty is established if:
(1) the same nonconformity
has been subject to repair three or
more times by the manufacturer, distributor,
dealer, or repairing agent during the
term of the express warranty or the
one-year period after delivery of the
motor vehicle to the original owner,
whichever period terminates first, but
the nonconformity continues to exist;
or
(2) the vehicle is out of service for
repair for a total of 30 or more business
days during the express warranty term
or the one-year period referred to in
(1) of this section, whichever period
terminates first; any period of time
that repairs are not performed for reasons
that are beyond the control of the manufacturer,
distributor, dealer, or repairing agent
is excluded from the 30-day time period
referred to in this paragraph.
AS 45.45.325. Parts
Availability.
A manufacturer whose vehicles are sold
in the state through an authorized dealer
shall provide its dealer or repairing
agent with any part necessary to make
a repair of a nonconformity covered
under an express warranty, as soon as
possible, without additional charge
for freight or handling, if the part
is not in the dealer's or agent's inventory
when the nonconforming vehicle is brought
to the dealer or repairing agent for
repair.
AS 45.45.330. Failure to Replace or
Refund.
A manufacturer or distributor who fails
to refund the full purchase price of
a motor vehicle or replace the motor
vehicle when there is a requirement
to do so under AS 45.45.300 –
45.45.360 is presumed to have committed
an unfair trade practice under AS 45.50.471.
AS 45.45.335. Resale Without Disclosure
Prohibited.
A motor vehicle returned under AS 45.45.305
may not be resold by the manufacturer
or distributor in the state unless full
disclosure of the reason for the return
is made to the prospective buyer before
the resale is concluded.
AS 45.45.340. Other rights and remedies.
The provisions of AS 45.45.300 - 45.45.360
do not limit other rights and remedies
that may be available to the owner of
a motor vehicle under other provisions
of law. This section does not create
a new cause of action against a dealer
or repairing agent who sells or attempts
to repair a motor vehicle found to be
nonconforming under AS 45.45.300 - 45.45.360.
AS 45.45.345. Repair Facilities.
A manufacturer or distributor or motor
vehicles who authorizes the sale of
the manufacturer's or distributor's
motor vehicles in the state shall maintain
authorized dealership facilities within
the state that are able to perform the
service and make the repairs required
by the manufacturer's express warranty
and by AS 45.45.300 - 45.45.360.
AS 45.45.350. Reimbursement of Shipping
Costs.
A manufacturer or distributor who accepts
the return of a nonconforming motor
vehicle under AS 45.45.305 shall reimburse
the owner for any reasonable cost incurred
in shipping the vehicle to and from
the nearest authorized facility for
warranty service and repair of a nonconformity
that causes the return of the vehicle.
AS 45.45.355. Arbitration or Mediation.
If a manufacturer or distributor has
established an informal dispute settlement
procedure that substantially complies
with the requirements of 16 C.F.R. 703,
as that section may be amended, or if
the manufacturer or distributor, after
receipt of notice required by AS 45.45.310,
offers in writing to participate in
an arbitration or mediation process
with the owner and the arbitration or
mediation decision is binding on the
manufacturer or distributor but not
on the owner, and if the informal dispute
settlement or arbitration or mediation
process is approved by the attorney
general, the provisions of AS 45.45.305
concerning refund or replacement or
AS 45.45.350 concerning shipping costs
do not apply to an owner who has not
first resorted to the informal dispute
settlement procedure or arbitration
or mediation process.
AS 45.45.360. Definitions.
Definitions in AS 45.45.300 - 45.45.360:
(1) "dealer"
means a person who has obtained a franchise
from, or is authorized by, a motor vehicle
manufacturer to engage in the retail
sale and warranty repair of the manufacturer's
new motor vehicles in the state;
(2) "distributor" means a
person who is authorized by a manufacturer
to engage in the wholesale distribution
of the manufacturer's new motor vehicles
in the state;
(3) "express warranty" or
"warranty" means an express
written warranty provided by the manufacturer
of a new motor vehicle;
(4) "full purchase price"
means the total price paid for a motor
vehicle by the original owner, including
costs added to the retail price, such
as original registration fees, transportation
fees, dealer preparation, and dealer
installed options;
(5) "manufacturer" means a
person who by labor transforms raw materials
and component parts into motor vehicles
for wholesale or retail sale;
(6) "motor vehicle" or "vehicle"
means a land vehicle having four or
more wheels, that is self-propelled
by a motor, is normally used for personal,
family, or household purposes, and is
required to be registered under AS 28.10;
but does not include a tractor, farm
vehicle, or a vehicle designed primarily
for off-road use;
(7) "nonconformity" means
a defect or condition in a motor vehicle
caused by a manufacturer, distributor,
dealer, or repairing agent that substantially
impairs the use or market value of a
vehicle;
(8) "owner" means a purchaser,
other than for resale, of a new motor
vehicle, and a person to whom ownership
of the motor vehicle is transferred
in conformity with AS 28;
(9) "reasonable allowance"
means an amount attributable to an owner's
use of a motor vehicle; a "reasonable
allowance" may not exceed an amount
equal to the depreciation in value of
the vehicle for the period during which
the vehicle is available for use by
the owner, calculated by a straight
line depreciation method over seven
years, plus an amount equal to the depreciation
in value of the vehicle that is caused
by:
(A) any neglect or abuse by the owner;
or
(B) body damage not caused by a nonconformity;
(10) "repairing agent" means
a person who has been specifically authorized
by a motor vehicle manufacturer or distributor
to perform warranty repairs in the state
on one or more of the manufacturer's
or distributor's motor vehicles;
(11) "substantially impairs the
market value" means a nonconformity
that substantially decreases the dollar
value of a vehicle to the owner when
compared to the dollar value of a similar
vehicle that does not have the nonconformity;
(12) "substantially impairs the
use" means a nonconformity that
prevents a motor vehicle from being
operated or makes the vehicle unsafe
to operate.
