Alabama Lemon Law Qualifications
The Alabama lemon law covers self - propelled vehicles intended primarily for use and operation on the public highways. The lemon law does not cover motor homes or any motor vehicle having a manufacturer's gross vehicle weight rating of 10,000 pounds or more. The lemon law appears to cover used vehicles.
The lemon law covers consumers who fall into either of the following categories:
- The purchaser, other than for purposes of resale, of a new or previously untitled motor vehicle used in substantial part for personal, family or household purposes; or
- Any other person who is entitled to enforce the warranty.
The lemon law appears not to cover lessees.
The lemon law does not apply to vehicle converters.
Vehicle Problems Covered
The lemon law covers nonconforming conditions. A nonconforming condition means any motor vehicle condition that does not conform to the manufacturer's express warranty, and that:
- Significantly impairs the use, value or safety of the motor vehicle;
- Occurs or arises solely in th e course of the ordinary use of the motor vehicle;
- Does not arise or occur as a result of abuse, neglect, modification or alteration of the motor vehicle not authorized by the manufacturer; and
- Does not arise or occur as a result of any accident or other damage to the motor vehicle that occurs or arises after the vehicle was delivered to the consumer by an authorized dealer.
Reasonable Number Of Repair Attempts
The Alabama lemon law creates a presumption that a manufacturer has had a reasonable number of repair attempts if, during the period of two years following the vehicle's delivery or 24,000 miles, whichever comes first, either of the following occurs:
- The manufacturer, its agent or authorized dealer has attempted to repair the same nonconforming condition three or more times, at least one of which occurs during the lemon law coverage period, plus the manufacturer has made a final attempt to repair, and the nonconforming condition continues to exist; or
- For a cumulative total of 30 or more calendar days, the vehicle was out of service and in the custody of the manufacturer, its agent or authorized dealer for repair attempts (including the final repair attempt), one of which occurred during the lemon law coverage period.
The 30 day out - of - service period is extended for conditions beyond the control of the manufacturer, its agent or authorized dealer, such as war, invasion, strike, fire, flood, or other natural disaster.
Alabama Arbitration Requirements
If the manufacturer has established an informal dispute settlement procedure that complies with 16 C.F.R. Part 703, then the consumer must first exhaust any remedy afforded by the procedure before instituting a cause of action under the lemon law.
CLICK HERE to read more about Alabama Lemon Law