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Alaska Lemon Law
Alaska Statutes, Title 45,
Chapter 45, §§ 300-360
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 any neglect or abuse by the owner; or 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.
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