Alabama Lemon Laws
Similar to other states of the US, the State of Alabama has also tailored out some laws to claim a lemon vehicle under it. Alabama lemon laws give a chance to the buyers of the vehicles to sue against the manufacturers if their car or any vehicle they purchased is not working as it should. The statutes of Alabama lemon laws are:
Section 8-20A-1
Definitions
Under Section 8-20A-1, the following terms are defined as:
Consumer
A person purchasing a new or a used vehicle to enjoy its utilities or to fulfill personal, family, or household needs, but not for the purpose of resale is a consumer. In other words, a person who consumes the services of a motor vehicle is a consumer.
Motor Vehicle
Every car, truck or any vehicle purchased for the use and operation on roads. But motor vehicles do not include motor homes or any motor vehicle having a gross vehicle weight rating (GVWR) of 10,000 pounds or more.
Manufacturer
According to Alabama lemon laws, any person or company involved in the process of manufacturing the motor vehicles to make them accessible in the market for sale is the manufacturer.
Motor Vehicle Dealer or Authorized Dealer
Any person or company involved in the process of importing, or distributing and buying, selling or exchanging the motor vehicles under a dealership agreement which makes it an authorized dealer of a particular manufacturer is termed as a motor vehicle dealer.
Express Warranty
A warranty which is in writing and is issued by a manufacturer of a vehicle and which includes terms or conditions. If a car becomes lemon, then to claim it under Alabama lemon laws, the buyer must show the express warranty.
Non-conforming Condition
Any non-conformed condition which arises after the delivery of a motor vehicle to the consumer and which cannot be confirmed with the terms and conditions expressed in the warranty or which directly or indirectly affects the use, value or safety of a vehicle or takes place during normal use but doesn’t occurred by abuse, neglect, modification, or alteration, any accident or other damage of the motor vehicle prohibited by the manufacturer.
Notice of a Non-conforming Condition
A statement issued by a buyer to the manufacturer stating the non-conforming condition and attempts to fix such nonconforming condition clearing pointing the firm or dealer who or which has made such attempts, and also identifying the time and duration of such attempts.
Lemon Law Rights Period
As stated in Alabama lemon laws, “the period ending one year after the date of the original delivery of a motor vehicle to a consumer or the first 12,000 miles of operation, whichever first occurs is Lemon Law Rights Period”.
Section 8-20A-2
Obligations of Manufacturer
- If a lemon vehicle is in a nonconforming condition which is not valid in express warranty and the buyer delivers back the lemon to the manufacturer or the dealer and notifies the dealer of the nonconforming condition within the lemon law rights period. Then the manufacturer or dealer forced to repair the vehicle as it is obligatory to cure nonconforming condition. If a buyer had informed the manufacturer about the nonconforming condition of the vehicle within the lemon law rights period and the manufacturer doesn’t fixed the car then s/he is obligated to fix even after the expiration of the lemon law rights period.
- If the manufacturer or the dealer fails in fixing the problem of a motor vehicle in a number of attempts to any express warranty or fails to repair the nonconforming condition of the vehicle which first appeared during the lemon law rights period, the manufacturer must either replace the motor vehicle or refund to the buyer the following:
- The full contract price including, but not limited to, charges for undercoating, dealer preparation and transportation charges, and installed options, plus the nonrefundable portions of extended warranties and service contracts
- All collateral charges, including but not limited to, sales tax, license and registration fees, and similar government charges
- All finance charges incurred by the consumer after he first reported the nonconformity to the manufacturer, its agent, or its authorized dealer
- Any incidental damages which shall include the reasonable cost of alternative transportation during the period that the consumer is without the use of the motor vehicle because of the nonconforming condition. There shall be offset against any monetary recovery of the consumer a reasonable allowance for the consumer's use of the vehicle. Refunds shall be made to the consumer, and any lien holders, as their interests may appear. A reasonable allowance for use is that amount directly attributable to use by the consumer before his first report of the nonconformity to the manufacturer, agent, or authorized dealer, and must be calculated by multiplying the full purchase price of the motor vehicle by a fraction having as its denominator 100,000 and having as its numerator the number of miles that the vehicle traveled before the first report of nonconformity.
- A consumer will allow reasonable attempts to correct a nonconforming condition, if within 24 months after the delivery of the vehicle or 24,000 miles, whichever occurs first, either of the following events shall have occurred:
- The same nonconforming condition has been subject to repair attempts three or more times by the manufacturer, its agents or its authorized dealers, at least one of which occurred during the lemon law rights period, plus a final attempt by the manufacturer, and the same nonconforming condition continues to exist.
- The dealer or the manufacturer has kept the vehicle in his custody for repair attempts, and one of the attempts is done during the lemon law rights period, for a cumulative total of 30 calendar days, unless such repair could not be performed because of conditions beyond the control of the manufacturer, its agents or authorized dealers, such as war, invasion, strike, fire, flood, or other natural disaster.
Section 8-20A-3
Cause of Action against Manufacturer
- A consumer sustaining damages as a proximate consequence of the failure by a manufacturer to perform its obligations imposed under this chapter may bring a civil action against the manufacturer to enforce the provisions of this chapter. Prior to the commencement of any such proceeding a consumer must give notice of a nonconforming condition by certified United States mail to the manufacturer and demand correction or repair of the nonconforming condition. If at the time such notice of a nonconforming condition is given to the manufacturer, a presumption has arisen that reasonable attempts to correct a nonconforming condition have been allowed, the manufacturer shall be given a final opportunity to cure the nonconforming condition. The manufacturer shall within seven calendar days of receiving the written notice of nonconforming condition notify the consumer of a reasonably accessible repair facility. After delivery of the new vehicle to the authorized repair facility by the consumer, the manufacturer shall attempt to correct the nonconforming condition and conform the vehicle to the express warranty within a period not to exceed 14 calendar days. If a manufacturer has established an informal dispute settlement procedure which is in compliance with federal rules and regulations, a consumer must first exhaust any remedy afforded to the consumer under the informal dispute procedure of the manufacturer before a cause of action may be instituted under the provisions of this chapter.
- Following are the conditions that shall be a confirmatory defense to the claims imposed on the manufacturers if,
- A supposed nonconforming condition doesn’t spoil the use, market value, or safety of the motor vehicle.
- A nonconforming condition is a result of abuse, neglect, or any modification or alteration of a motor vehicle by a consumer that is not authorized by the manufacturer.
- if in case of breach of obligations from manufacturers side, then the consumer will be entitled to get back his/her money, in addition to the remedy provided under Section 8-20A-2 above, an additional award for reasonable attorneys fees.
Section 8-20A-4
Resale of Returned Motor Vehicle
If a buyer comes to know that the vehicle he bought is a lemon, then Alabama lemon laws provide a right to return that car to the manufacturer. In case of return from the buyer whether as the result of a legal action or as the result of an informal dispute settlement proceeding, the car cannot be resold within the state until:
- The manufacturer discloses in writing to the subsequent purchaser the fact that the motor vehicle was returned under the provisions of this chapter and the nature of the nonconformity to the vehicle warranty.
- The manufacturer returns the title of the motor vehicle to the Alabama Department of Revenue advising of the return of the motor vehicle under provisions of this chapter with an application for title in the name of the manufacturer. The Department of Revenue shall brand the title issued to the manufacturer and all subsequent titles to the motor vehicle with the following statement: THIS VEHICLE WAS RETURNED TO THE MANUFACTURER BECAUSE IT DID NOT CONFORM TO ITS WARRANTY.
Section 8-20A-5
No Dealership Liability
This chapter does not impose any liability or legal responsibility on the dealer or creates a reason on the dealer by the buyer. A motor vehicle dealer or authorized dealer may not be made a party defendant in any action involving or relating to this chapter. The manufacturer cannot force the dealer for the reimbursement of any cost including, but not limited to, any refunds or vehicle replacements, incurred by the manufacturer arising out of this chapter.
Section 8-20A-6
Statute of Limitations
The court shall proceed the furtherance of any case that is brought under this chapter against the manufacturer within three years time period from the date of first delivery of the motor vehicle to the consumer.