Alaska Lemon Law Statutes
Alaska Motor Vehicle Warranties Act
Alaska Statute Sec. 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.
Sec. 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 lien holder of record, if any, and the owner, as their interests may
appear.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 45.45.345. Repair facilities. A manufacturer or distributor of
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.
Sec. 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.
Sec. 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 no 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.
Sec. 45.45.360. 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
(A) any neglect or abuse by the owner; or
(B) 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.
