Alabama Lemon Law | All About Lemon Law

Definitions Alabama lemon law

As used in this chapter, the following terms have the respective meanings as indicated:

• Consumer
The buyer, except for purposes of resale of a new or used vehicle previously untitled motor in a substantial part of personal, family or household, and any other person entitled by the terms of such warranty to enforce the obligations of the warranty.

• motor vehicles
Any vehicle intended primarily for use and operation of public highways which are propelled, provided, however, that the term "motor vehicle" shall not apply to motor homes or any motor vehicle with gross a manufacturer's vehicle weight rating (GVWR) of 10,000 pounds or more.

• Manufacturer
The person, firm or corporation engaged in the business of manufacturing, import and / or distribution of motor vehicles to be available to a motor vehicle dealer for retail sale.

• motor vehicle dealer or authorized distributor
The person, firm or corporation operating under a dealer agreement from a manufacturer, importer or distributor and is ordinarily engaged in the business of buying, selling or exchanging motor vehicles in this state who has in this state a established place of business.

• Warranty Express
A written warranty, so labeled, issued by the manufacturer of a new motor vehicle, including any terms or conditions precedent to the enforcement of obligations under that warranty.

• Nonconforming condition
Any condition of a motor vehicle shall not be established in accordance with the terms of any express warranty issued by the manufacturer to the consumer, and that: (i) significantly impairs the use, value or safety of the motor vehicle and (ii) occurs or arises solely in the course of normal use of the motor vehicle, and did not arise or occur as a result of abuse, neglect, modification or alteration of the motor vehicle not authorized by the manufacturer, or any accident or other damage to motor vehicles that occurs or arises after such motor vehicle was delivered by an authorized dealer for the consumer.

• Notice of a nonconforming condition
A written statement shall be given to manufacturers and that should describe the subject motor vehicle, non-conforming status, and describe all previous attempts to correct such nonconforming situation by identifying the person, firm or corporation, or what made this attempt, and when that was done of those attempts.

• The rights of the Lemon Law period
The period ending one year after the date of original delivery of a motor vehicle to a consumer or the first 12,000 miles of operation, whichever comes first.

Alabama, Lemon Law Section 8-20A-2 Obligations of manufacturer

• If a new vehicle does not conform to any express their case, and the consumer delivers the motor vehicle to the manufacturer, its agent or its authorized dealer and gives notice of the nonconforming condition during the lemon rights The motor vehicle manufacturer is required to make such repairs to motor vehicles which are necessary to remedy the defective conditions thereof. Such repairs are required, even after the expiry of lemon rights provided that notice of the nonconforming condition was given during the lemon law and which also required the manufacturer to repair nonconforming status shall not extend beyond the period of 24 months after delivery of the vehicle or 24,000 miles, whichever comes first.

• If, after reasonable attempts, the manufacturer, its agent or its authorized dealer is unable to meet the motor vehicle to any express warranty by repairing or correcting a nonconforming condition of motor vehicles which first occurred during the lemon rights period, the manufacturer, consumer choice, replace the motor vehicle with a similar new motor vehicle or accept return of the vehicle by the consumer and refund to consumers the following:

• The cost of the full contract price, including but not limited to, the costs of the lower layer, dealer preparation and transportation, and installed options, plus the nonrefundable parts of extended warranties and service contracts;

• All collateral charges, including but not limited to, sales tax, license and registration fees, and similar government charges;

• All expenses for financing by the consumer after the first non-compliance with the manufacturer, its agent or its authorized dealer, and

• Any incidental damage which shall include the reasonable cost of alternative transportation during the period in which the consumer without the use of a motor vehicle because of the nonconforming condition. There may be offset against any monetary recovery from the consumer a reasonable allowance for consumer use of the vehicle. Refunds shall be made for the consumer, and the holders of any liens, as their interests may appear. A reasonable allowance for use is that amount directly attributable to use by the consumer before his first report of the nonconformity to the manufacturer, agent or authorized dealer, and must be calculated by multiplying the total purchase price of the motor vehicle by a fraction whose denominator 100,000 and having as numerator the number of vehicle miles traveled before the first report of nonconformity.

• It is presumed that reasonable attempts to correct a nonconforming condition have been authorized by the consumer, during the period of 24 months from delivery of the vehicle or 24,000 miles, whichever occurs first, any of the following events have occurred :

• The same nonconforming condition has been subject to repair attempts three or more times by the manufacturer, its agents or authorized dealers, at least one of which occurred during the lemon rights period, plus a final attempt the manufacturer, and the same nonconforming condition continues to exist, or

• The vehicle is out of service and the custody of the manufacturer, its agent or authorized dealer due to repair attempts (including the final repair attempt), one of which occurred during the lemon of rights for a cumulative total of 30 calendar days, unless such repair could not be performed due to conditions beyond the control of the manufacturer, its agents or authorized dealers, such as war, invasion, strike, fire, flood or other natural disaster.

Alabama, Lemon Law Section 8-20A-3 cause of action against the manufacturer of

• A consumer maintenance of immediate harm as a result of the lack of a manufacturer to perform its obligations under this chapter may bring a civil action against the manufacturer to enforce the provisions of this chapter. Before the start of any procedure which the consumer must give notice of a nonconforming condition by certified mail, U.S. manufacturer and demand correction or repair the nonconforming condition. If at the time of notification of a nonconforming condition is given by the manufacturer, a presumption has arisen that reasonable attempts to correct a non-conforming condition have been allowed, the manufacturer must have a final opportunity to cure the condition of compliant. The manufacturer shall within seven days of receiving written notice of the nonconforming condition notify the consumer of a reasonably accessible repair service. After delivery of new vehicle repair center authorized by the consumer, the manufacturer must attempt to correct the nonconforming condition and as the vehicle to the express warranty within a period not exceeding 14 calendar days. If a manufacturer has established an informal dispute resolution that is consistent with federal rules and regulations, the consumer must first exhaust any other remedies available to consumers under the informal dispute procedure of the manufacturer before a cause of action may be instituted under the provisions of this chapter.

• It is an affirmative defense to any claim against the manufacturer under this chapter that:

• An alleged nonconforming condition does not significantly impair the use, market value, or safety of the motor vehicle, or

• a non-conforming condition is the result of abuse, neglect, or any amendment or alteration of a motor vehicle by a consumer who is not authorized by the manufacturer.

• If it is determined that the manufacturer has breached its obligations under this chapter, the consumer may recover in addition to the remedy provided under Section 8-20A-2, an additional award for reasonable attorneys' fees.

Alabama, Lemon Law Section 8-20A-4 Resale of returned motor vehicle

If a vehicle has been returned to the manufacturer in accordance with the provisions of this chapter or a similar statute of another state, whether as a result of legal action or as the result of an informal resolution of conflicts, which may not be resold in this State unless:

• The manufacturer must show in writing the subsequent purchaser that the vehicle was returned under the provisions of this chapter and the nature of the nonconformity to the vehicle warranty.

• The manufacturer returns the title of the motor vehicle to the Alabama Department of Revenue for advice from the return of the motor vehicle under the provisions of this chapter with the title application in the name of the manufacturer. The Tax Department will mark the certificate issued to the manufacturer and all subsequent titles to the motor vehicle with the following statement: This vehicle was returned to the manufacturer, did not reflect their security.

Alabama, Lemon Law Section 8-20A-5 No responsibility of representation.

Nothing in this chapter imposes liability on a motor vehicle dealer or an authorized dealer or creates a cause of action by a consumer against a motor vehicle dealer or an authorized dealer. A motor vehicle dealer or an authorized dealer can not be a defendant in any action involving or relating to this chapter. The manufacturer shall not charge back or require reimbursement of a motor vehicle dealer or an authorized distributor for expenses, including but not limited to, any refund or replacement vehicle, made by the manufacturer arising from this chapter.

Alabama, Lemon Law Section 8-20A-6 Statute of limitations.

Any action under this chapter against the manufacturer shall be commenced within three years from the date of original delivery of the motor vehicle to the consumer.