Last verified: February 2026
Key Points
- Primary Law: Arkansas New Motor Vehicle Quality Assurance Act (A.C.A. § 4-90-401 through § 4-90-417)
- Coverage: New motor vehicles purchased or leased in Arkansas
- Presumption: 1 attempt for serious safety defect, 3+ attempts for other defects, OR 30+ days out of service within 24 months/24,000 miles
- Remedies: Replacement vehicle or full refund at consumer’s choice
- Arbitration: Certified arbitration programs must be used if available
- Attorney Fees: Prevailing consumer may recover reasonable attorney fees
Quick Penalties Overview
| Violation Type | Consumer Remedy | Additional Damages |
|---|---|---|
| Failure to repair after reasonable attempts | Replacement or refund | Incidental damages, attorney fees |
| Willful violation of lemon law | Actual damages | Additional civil penalties may apply |
| Failure to disclose lemon status on resale | Purchaser remedies | Title branding required |
Table of Contents
📑 Table of Contents (click to expand)
Understanding Arkansas’s Lemon Law
Arkansas’s New Motor Vehicle Quality Assurance Act, codified in Arkansas Code § 4-90-401 through § 4-90-417, provides comprehensive protections for consumers who purchase or lease new motor vehicles that fail to conform to the manufacturer’s express warranty. The law establishes clear standards for when a vehicle qualifies as a “lemon” and outlines the remedies available to affected consumers.
One notable feature of Arkansas’s lemon law is its special treatment of serious safety defects. While most nonconformities require three repair attempts before the presumption applies, a defect that is likely to cause death or serious bodily injury requires only one repair attempt. This provision recognizes the urgency of addressing safety-critical problems.
Arkansas also requires manufacturers to participate in certified arbitration programs if they choose to establish them. Consumers must use these programs before filing a lawsuit, but the arbitration decision is binding only on the manufacturer, not on the consumer.
What Vehicles Are Covered
Arkansas’s lemon law covers specific types of vehicles purchased or leased in the state.
Covered Vehicle Types
- New passenger vehicles: Cars, sedans, coupes, and similar automobiles
- Trucks: Pickup trucks used primarily for personal purposes
- Vans and SUVs: Sport utility vehicles and passenger vans
- Leased vehicles: New vehicles obtained through lease agreements
- Demonstrator vehicles: Demo vehicles sold as new with full warranty
Vehicles Not Covered
- Used vehicles
- Motorcycles
- Motor homes (living quarters portion)
- Off-road vehicles not primarily designed for highway use
- Vehicles used primarily for business purposes with more than three vehicles
- Vehicles with a gross vehicle weight over 10,000 pounds
Arkansas’s Lemon Law Presumption
Arkansas law creates a rebuttable presumption that the manufacturer has had a reasonable number of attempts to repair the vehicle if certain conditions are met. The presumption has different thresholds for safety defects versus other nonconformities.
The Lemon Law Presumption Applies When:
| Condition | Requirement | Details |
|---|---|---|
| Serious Safety Defect | 1 or more attempts | Defect likely to cause death or serious bodily injury |
| Other Repair Attempts (Same Problem) | 3 or more attempts | Same nonconformity must substantially impair use, value, or safety |
| Days Out of Service | 30 or more calendar days | Vehicle unavailable due to repair of one or more nonconformities |
| Timeframe | Within 24 months or 24,000 miles | Whichever comes first from date of original delivery |
Important: The consumer must provide written notice to the manufacturer before the presumption applies. This notice gives the manufacturer a final opportunity to cure the defect.
What Qualifies as a “Nonconformity”?
A nonconformity is any defect or condition that substantially impairs the use, market value, or safety of the motor vehicle. Examples include:
- Engine failures or persistent performance issues
- Transmission problems affecting drivability
- Brake system malfunctions
- Steering defects creating safety hazards
- Electrical failures affecting critical systems
- Airbag or safety restraint system defects (serious safety defect)
- Sudden acceleration or stalling issues (serious safety defect)
- Fire hazards (serious safety defect)
Consumer Remedies: Refund vs. Replacement
When a vehicle qualifies as a lemon under Arkansas law, the consumer has the right to choose between a replacement vehicle and a full refund.
Option 1: Replacement Vehicle
If the consumer chooses replacement, the manufacturer must provide:
- A comparable new motor vehicle
- All applicable express warranties
- Reimbursement for incidental costs including registration fees and taxes
Option 2: Refund (Buyback)
If the consumer chooses a refund, the manufacturer must provide:
- Full purchase price: Including sales tax and fees
- License and registration fees: All DMV costs
- Collateral charges: Dealer fees and other incidental charges
- Finance charges: Interest and loan fees
- Incidental damages: Towing costs, rental car expenses, and similar costs
Usage Deduction: The manufacturer may deduct a reasonable allowance for the consumer’s use of the vehicle based on miles driven before the first repair attempt:
Usage Deduction = (Purchase Price x Miles at First Repair) / 120,000
How to File a Lemon Law Claim in Arkansas
Filing a successful lemon law claim in Arkansas requires proper documentation and adherence to specific procedures.
Step 1: Document Everything
- Keep all repair orders and invoices
- Record dates your vehicle was dropped off and picked up
- Document the specific symptoms and problems
- Save all correspondence with the dealer and manufacturer
- Photograph or video defects when possible
- Keep receipts for rental cars and towing
Step 2: Allow Reasonable Repair Attempts
Give the manufacturer or its authorized dealer adequate opportunity to repair the vehicle. You need at least three attempts for regular defects (one for serious safety defects) or 30 days out of service.
Step 3: Provide Written Notice to Manufacturer
Before the presumption applies, send written notice to the manufacturer by certified mail that includes:
- Your name and contact information
- Vehicle information (year, make, model, VIN)
- Description of the nonconformity
- Repair history summary with dates
- Your request for a final repair opportunity
Step 4: Use Certified Arbitration if Available
If the manufacturer has a certified arbitration program, you must use it before filing a lawsuit. The manufacturer has 40 days to respond to your notice and must provide arbitration information if available.
Step 5: File a Lawsuit if Necessary
If arbitration does not resolve your claim satisfactorily, you may file a lawsuit in Arkansas state court. Prevailing consumers may recover attorney fees and costs.
Manufacturer Defenses
Manufacturers may raise several defenses to avoid lemon law liability in Arkansas.
Common Manufacturer Defenses
| Defense | Manufacturer’s Argument | Consumer’s Counter |
|---|---|---|
| Consumer abuse or neglect | Defect caused by improper use or maintenance failure | Provide maintenance records showing proper care |
| Unauthorized modifications | Aftermarket parts or modifications caused the problem | Show defect existed before modifications or is unrelated |
| Defect not substantial | Problem does not substantially impair use, value, or safety | Document impact on daily use and safety concerns |
| Insufficient repair opportunities | Manufacturer was not given adequate chance to repair | Provide complete repair history meeting presumption |
| No written notice provided | Consumer failed to provide required notice | Ensure proper notice was sent by certified mail |
Used Vehicle Protections
Arkansas’s lemon law does not cover used vehicles. However, used car buyers have other potential protections:
Available Protections for Used Vehicles
- Remaining manufacturer warranty: Used vehicles still under warranty may have warranty claims
- Dealer warranties: Some dealers offer limited warranties on used vehicles
- Implied warranty of merchantability: Unless properly disclaimed, vehicles must be fit for ordinary use
- Federal Magnuson-Moss Warranty Act: Provides remedies for warranty breaches
- Arkansas Deceptive Trade Practices Act: Protects against dealer fraud and misrepresentation
Title Branding Requirements
Arkansas requires that vehicles repurchased under the lemon law have their titles branded as “lemon law buyback” to notify future buyers of the vehicle’s history.
Statute of Limitations
Arkansas’s lemon law has specific timeframes:
- Reporting period: Nonconformities must be reported within 24 months or 24,000 miles from delivery, whichever comes first
- Presumption period: The repair attempts must occur within this same timeframe
- Arbitration: If required, must be completed before filing lawsuit
- Filing deadline: Claims should be pursued promptly after arbitration or meeting presumption requirements
Frequently Asked Questions
How many repair attempts does Arkansas require before a vehicle is considered a lemon?
For most defects, Arkansas requires three or more repair attempts for the same problem, or 30 or more days out of service. However, for serious safety defects likely to cause death or serious bodily injury, only one repair attempt is required.
Do I get to choose between a refund and replacement in Arkansas?
Yes, Arkansas law gives the consumer the choice between a replacement vehicle and a full refund. The manufacturer cannot force you to accept one remedy over the other.
Does Arkansas’s lemon law cover used cars?
No, Arkansas’s lemon law only covers new motor vehicles. Used vehicles may be protected under the original manufacturer’s warranty if still in effect, or under other consumer protection laws.
What qualifies as a “serious safety defect” in Arkansas?
A serious safety defect is one that is likely to cause death or serious bodily injury if the vehicle is driven. Examples include brake failures, steering defects, sudden acceleration, airbag malfunctions, and fire hazards.
Do I have to use the manufacturer’s arbitration program?
Yes, if the manufacturer has a certified arbitration program, you must use it before filing a lawsuit. However, the arbitration decision is binding only on the manufacturer, not on you as the consumer.
What is the usage deduction in an Arkansas lemon law buyback?
The manufacturer may deduct a reasonable amount for the miles you drove before the first repair attempt. This is calculated by multiplying the purchase price by the miles driven, then dividing by 120,000.
Resources and Legal Help
Official Resources
- Arkansas Code Title 4, Chapter 90 (New Motor Vehicle Quality Assurance)
- Arkansas Attorney General: Consumer Protection Division
- Arkansas Department of Finance and Administration Motor Vehicle Division