What Is the Lemon Law in Arkansas for Used Cars
Arkansas's Lemon Law or New Motor Vehicle Quality Assurance Act, codified as Ark. Code §§ 4-90-401 through 4-90-417, grants legal remedies to consumers purchasing defective motor vehicles. This applies exclusively to vehicles during their Quality Assurance Period, which extends 24 months from original delivery or 24,000 miles of operation, whichever is longer. The Arkansas Attorney General’s Office affirms that this statute exclusively protects purchasers of new motor vehicles, mandating that manufacturers replace or provide full refunds for vehicles with substantial defects that are unrepairable.
What Protections Do Used Car Buyers Have in Arkansas?
While Arkansas's lemon law primarily benefits new vehicle purchasers, federal statutes and state regulations provide safeguards for used car transactions.
Magnuson-Moss Warranty Act
The Magnuson-Moss Warranty Act creates federal remedies for used vehicle purchases. This statute governs written warranties on consumer products, including automobiles. Buyers may pursue claims for:
- Breach of express warranties
- Breach of implied warranties
- Violations of service contract terms
FTC Used Car Rule
Under the Federal Trade Commission's Used Car Rule, dealers must post a Buyer's Guide on each used vehicle identifying:
- Whether the sale includes warranty coverage or proceeds "as is"
- Systems and components covered by any warranty
- Duration of warranty protection
- Dealer's responsibility for repair costs
- Guidance on obtaining vehicle history and checking recalls
Understanding "As Is" Sales in Arkansas
Most used vehicles in Arkansas sell "as is," substantially limiting buyer recourse. The Arkansas Attorney General explains that "as is" sales transfer the vehicle with all defects, known or unknown, to the purchaser.
What "As Is" Means for Buyers
Purchasing a vehicle "as is" creates these conditions:
- Dealers bear no obligation for post-purchase repairs
- Buyers accept full responsibility for vehicle defects
- Problems emerging after the sale become the buyer's expense
- Implied warranty protections typically do not apply
Limited Exceptions to "As Is" Sales
Certain circumstances may provide legal remedies despite the "as is" designation:
- Dealer intentionally concealed known defects
- False statements induced the purchase
- Defects render the vehicle unsafe or unsuitable for ordinary use
Filing a Consumer Complaint
Arkansas consumers facing disputes with dealers may contact two state agencies that offer complaint investigation services and general consumer guidance. The Attorney General's Consumer Protection Division investigates unfair business practices and may mediate disputes. The Motor Vehicle Commission handles dealer licensing and can address complaints regarding dealer conduct.
Arkansas Attorney General's Office
Consumer Protection Division
101 West Capitol Avenue, Little Rock, AR 72201
Phone: (501) 682-2007
Toll-free: (800) 482-8982
Official Website: Consumer Complaint
Arkansas Motor Vehicle Commission
900 W. Capitol Avenue, Suite 400, Little Rock, AR, 72201
Phone: (501) 682-1428
Official Website: Motor Vehicle Commission
