Alaska’s lemon law covers vehicles for a period of one year, or until the end or the manufacturer’s express warranty expires, whichever comes first. The law covers motor vehicles with four or more wheels that are intended for personal, family or household purposes. Vehicles designed for off road use are not covered by the statute.

The state defines a defect or “nonconformity” as any problem with the vehicle which impairs the use or market value of the vehicle. The Alaska Lemon Law Website, makes it clear that a defect that affected the safety of the vehicle would qualify, as well.

As with all other states’ lemon laws, the Alaska statute provides that the manufacturer be allowed a “reasonable” number of attempts to repair the defective vehicle. Alaska defines reasonable as three or more unsuccessful attempts to repair the problem during the one year warranty period. An alternative situation would be a vehicle which has been out of service for a total of 30 or more business days due to unsuccessful attempts to repair the defect. This can be extended if the manufacturer is unable to repair the vehicle in time do to circumstances beyond their control, such as strikes, earthquakes or other natural disasters.

Exceptions to the above would be any vehicles which have been modified or altered by the owner, as well as any vehicles which have been subject to abuse or neglect. A failure of the engine to run because the owner did not put oil in it would be an example of this.

As we have written elsewhere, most auto manufacturers offer an arbitration program in virtually all states. This program allows lemon law disputes to be heard by an ostensibly neutral third party, who will examine evidence from each party in the case and will issue a ruling in favor of one party or the other. Alaska law requires that a vehicle owner with a defective vehicle must submit to an arbitration program if the manufacturer of his vehicle makes one available within the state. The results of the arbitration proceeding are binding upon the manufacturer, but the owner need not abide by the decision if he or she should be dissatisfied with it.

Should a vehicle qualify under the statute as defective, the owner will be entitled to a suitable replacement with a “new, comparable vehicle”. Alternatively, at the owner’s option, the manufacturer will buy the vehicle back from the owner for the full purchase price. This will include the price of the vehicle, plus registration fees, taxes, transportation fees, dealer added options and dealer preparation fees.

An adjustment can be made to the above sum to compensate the manufacturer for wear, tear, and prior miles driven. This amount is determined using straight line depreciation over a seven year period. Most states use some sort of mileage figure to determine the amount of use, so this is a bit unusual when compared to other states’ laws. The net effect is the same, however.

If you are experiencing concerns with your automobile, SUV or van, you may discover that you need legal representation. LegalMatch can help find an experienced attorney near your home. Confidentiality is secure, all lawyers are licensed, and the service costs you nothing.

Anyone with a defective vehicle is encouraged to keep records of all transactions and conversations with dealers and manufacturers. This would include receipts from all repair attempts on the vehicle.