Quick answer
Yes, Arizona has a used car lemon law. When you buy from a used car dealer, the car must be safe and substantially free of defects that significantly limit its use for 15 days or 500 miles after delivery, whichever comes first. If it isn't, the dealer gets a chance to repair it, and you pay at most $25 for each of the first two repairs.
Key takeaways
- Applies to used car dealers (sellers of four or more used vehicles in the past 12 months), not private sellers.
- The dealer can't disclaim the warranty for 15 days or 500 miles after delivery, whichever comes first.
- Days the car isn't working, and miles driven to get it repaired, don't count toward the limit.
- You give the dealer notice and a reasonable chance to repair. You pay half of the first two repairs, capped at $25 each.
- If the contract is missing the required 15-day/500-mile warranty statement, you can void the purchase.
- A used car still within its original warranty and 2 years/24,000 miles may also be covered by Arizona's new car lemon law.
What the used car warranty requires
Under A.R.S. § 44-1267, a used motor vehicle dealer can't exclude or limit the implied warranty of merchantability until midnight of the 15th calendar day after delivery or until the car has been driven 500 miles after delivery, whichever comes first.
The warranty is met if the vehicle functions safely under Arizona's vehicle equipment rules and is substantially free of any defect that significantly limits its use for ordinary transportation on public highways.
How the 15 days and 500 miles are counted
- The day the warranty is breached, and every day after it while the car still fails the warranty, are excluded from the 15 days.
- Miles driven to get the car repaired, serviced, or tested for the problem are excluded from the 500 miles.
What you pay and what the dealer must do
If the warranty is breached, give the dealer reasonable notice. The dealer then gets a reasonable opportunity to repair the car before you use other remedies under Arizona's commercial code. You pay one-half of the cost of the first two repairs, up to $25 per repair. The dealer's total liability is capped at the purchase price.
Required contract language
A used car dealer's sales agreement must include a bold, conspicuous statement that the dealer warrants the vehicle will be fit for ordinary use for 15 days or 500 miles, and that you'll pay up to $25 for each of the first two repairs. If that statement is missing, the purchase agreement is voidable at your option.
The only way a dealer can exclude a problem is to disclose a particular defect and have you sign a specific waiver statement on the first page of the agreement. A general "as is" clause isn't enough.
What isn't covered
- Damage after the sale from abuse, misuse, neglect, or skipped maintenance (including low oil, coolant, or other fluids).
- Off-road use, racing, or towing.
- Purchases from private sellers.
What to do next
- Note your delivery date and the odometer at delivery.
- Tell the dealer about the problem in writing as soon as it shows up, and keep a copy.
- Check your contract for the 15-day/500-mile warranty statement.
- If the car is still under its original factory warranty, read our Arizona lemon law guide too.
- Request a free case review if the dealer refuses to repair it.
Frequently asked questions
Sources
- Arizona Revised Statutes § 44-1267 (used motor vehicles)
- Arizona Revised Statutes § 44-1261 (definitions, including used motor vehicle dealer)
- Arizona Revised Statutes § 44-1262 (repair window for new vehicles)
This website provides general information, not legal advice. Laws change and every situation is different. Talk to a licensed attorney in your state about your specific facts.