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Lemon Law Basics: Alaska Lemon Laws
What Are My Rights Under Alaska Lemon Law?
Who is covered?
The Alaska lemon law can be used by owners of new or used vehicles with
four or more wheels that are intended for personal use. The vehicle must
be registered in Alaska. Vehicles intended for off-road use, farm vehicles,
and tractors are excluded from the Alaska lemon law. People who lease
their vehicle cannot invoke the Alaska lemon law.
What kinds of problems fall under the Alaska lemon law?
The Alaska lemon law covers vehicles with a nonconformity, or defect,
which substantially affects your ability to use it or its value. The Alaska
lemon law defines an impact on the car's value by comparing it to the
value of a vehicle that does not have the nonconformity. This nonconformity
must be caused by the manufacturer, dealer, or agent. If the nonconformity
was caused by neglect, abuse, or alteration of the vehicle by the owner,
the Alaska lemon law does not apply.
How do I make a claim?
Before you can make a claim under the Alaska lemon law, you must give
the manufacturer a reasonable chance to repair the nonconformity. The
Alaska lemon law defines a reasonable chance as three unsuccessful attempts
to repair the nonconformity, or a cumulative thirty-day period when the
car was out of commission for repairs. This period can be extended if
circumstances out of the dealer's control delayed the repairs.
After the manufacturer has had the chance to repair the nonconformity,
you must notify them in writing of your intention to invoke the Alaska
lemon law. Notice must be sent within sixty days of the end of the warranty
period of the end or the first year of ownership, whichever comes first.
Your notice must include a description of the nonconformity, notice that
the dealer has had a reasonable chance to make repairs, and a demand to
receive settlement within sixty days of receipt. The dealer will then
have thirty days to attempt a final repair of the vehicle.
What kind of settlement can I expect under Alaska lemon law?
If the manufacturer has an approved method of arbitration, the consumer
must go through the arbitration process before receiving a settlement.
If you qualify for protection under Alaska lemon law, settlement can take
two forms - refund of the vehicle's purchase price or a replacement vehicle.
A refund should include registration fees, transportation fees, dealer
preparation, and dealer installed options, minus a reasonable amount for
the consumer's usage of the vehicle. This reasonable amount is determined
by the seven-year depreciation value of a vehicle, plus any damage the
customer caused by abuse or neglect. A replacement vehicle should be equivalent
in value to the full purchase price of the original vehicle.
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