All motor vehicles (except those excluded from coverage as noted in the "IMPORTANT" section below) titled and registered in Arkansas are covered by the Lemon Law during the vehicle's Quality Assurance Period.
The Quality Assurance Period extends for 24 months from the date of the original delivery of the vehicle, OR the first 24,000 miles of operation, whichever is LONGER. If the vehicle is transferred to someone else during this period, the vehicle is still covered under the Lemon Law for the full extent of the Quality Assurance Period.
IMPORTANT: The Lemon Law does NOT cover mopeds, motorcycles or the living quarters of motor homes. The Lemon Law does NOT cover vehicles over 13,000 pounds gross vehicle weight. However, motor homes over 13,000 pounds gross vehicle weight are covered. For motor vehicles with a gross vehicle weight between 10,000 and 13,000 pounds, the Lemon Law does not cover such a vehicle if it has been substantially altered after its initial sale from the dealer.
The law creates what is known in legal terminology as a "presumption." That means the Lemon Law presumes that you are entitled to a refund or replacement if the manufacturer or its dealer has made a certain number of unsuccessful attempts to repair nonconformities that substantially impair the use, market value, or safety of your vehicle.
There are four ways for you to show that the manufacturer has been given a reasonable opportunity to repair nonconformities, has failed to do so, and for the Lemon Law to cover your vehicle.
As a general rule, before the owner of a vehicle can file a suit to enforce his rights under the Lemon Law, the owner must seek a refund or replacement through the Independent Dispute Settlement Program. The owner has the unconditional right to choose a refund or replacement. The procedure begins by mailing the demand letter to the manufacturer. It is advisable to send a copy to the IDSP. A sample Lemon Law Demand Letter can be found on pages 20 through 21 of this Guide.
You will be provided with application forms and instructions. Unless an extension is granted for good cause, your claim must be scheduled for a hearing, heard, and decided within 40 days after the time your demand is received. You are entitled to an in - person hearing in Arkansas before a panel of independent arbitrators. You are entitled to present testimony and documentary evidence. You may wish to hire an attorney to represent you at this hearing, but you are permitted to present your own case in an informal setting.
You may accept or reject the program's decision. If you accept, the manufacturer must also accept the decision and has 30 days to comply. There is no appeal process for the manufacturer.
If you do not agree with the arbitrator's decision, you can reject it and consider going to court to assert your right to a replacement, refund, or other relief. If you go to court and win, you may be entitled also to an award of attorney's fees. You may have other causes of action or rights outside of the Lemon Law. It is good idea to consult an attorney regarding these options.CLICK HERE to read more about Arkansas Lemon Law