A. In this article, unless the context otherwise requires:
1. "Consumer" means the purchaser, other than for purposes of resale, of a motor vehicle, any person to whom the motor vehicle is transferred during the duration of an express warranty applicable to the motor vehicle or any other person entitled by the terms of the warranty to enforce the obligations of the warranty.
2. "Motor vehicle" means a self-propelled vehicle designated primarily for the transportation of persons or property over the public highways.
3. "Used motor vehicle" means a motor vehicle that has been sold, bargained, exchanged or given away or the title to which has been transferred from the person who first acquired the vehicle from the manufacturer, importer or dealer or agent of the manufacturer or importer and that has been placed in bona fide consumer use.
4. "Used motor vehicle dealer" means a person or business that sells or offers for sale a used motor vehicle after selling or offering for sale four or more used motor vehicles in the previous twelve months but does not include a bank or financial institution, an insurance company, a business selling a used motor vehicle to an employee of that business, a lessor selling a leased vehicle by or to the lessee of that vehicle or to an employee of the lessee of that vehicle or a person who buys, sells, exchanges or offers or attempts to negotiate a sale of or exchange an interest in a classic car as defined in section 28-2483 or a historic vehicle as defined in section 28-2484.
B. If the motor vehicle is a motor home, the provisions of this article shall apply to the self-propelled vehicle and chassis but not to those portions of the vehicle designed, used or maintained primarily as a mobile dwelling, office or commercial space.
C. The provisions of this article do not apply to a sale of a motor vehicle to a purchaser for the purpose of resale for profit or to a motor vehicle with a declared gross weight over ten thousand pounds or that is sold at a public auction.
Notes of Decisions
Parrot v. DaimlerChrysler Corp., 130 P.3d 530 (Ariz. 2006).
· cites it 7× “265, § 1 (codified as amended at A.R.S. §§ 44-1261 to - 1265). ¶ 39 The Lemon Law definition of “consumer” parallels the definition in the Warranty Act: “Consumer” means the purchaser, other than for purposes of resale, of a motor vehicle, any person to whom the motor vehicle is…”
Parrot v. DaimlerChrysler Corp., 108 P.3d 922 (Ariz. Ct. App. 2005).
· cites it 5× “¶ 34 Chrysler argues that subsection (C) of A.R.S. § 44-1261 excludes leases because it states that “[t]he provisions of this article do not apply to a sale of a motor vehicle to a purchaser for the purpose of resale for profit ----” We disagree that this language precludes all…”
Keystone Floor & More, LLC v. Arizona Registrar of Contractors, 219 P.3d 237 (Ariz. Ct. App. 2009).
· cites it 2× “The vehicle was defective, and Kennedy sued Brock under A’izona’s Lemon Law, A.R.S. §§ 44-1261 through 44-1265, which provides: “If a new motor vehicle does not conform to all applicable express warranties .”
Kennedy v. Linda Brock Auto. Plaza, Inc., 856 P.2d 1201 (Ariz. Ct. App. 1993).
· cites it 2× “” A.R.S. § 44-1261(A)(l). The “Lemon Law’s” substantive provisions also make clear that it applies to express warranties: If a new motor vehicle does not conform to all applicable express warranties .”
Mago v. Mercedes-Benz, U.S.A., Inc., 142 P.3d 712 (Ariz. Ct. App. 2006).
· cites it 2× “¶ 8 In order to be a “consumer” under the Lemon Law, one must qualify under at least one of the following three categories of consumers: (1) a “purchaser, other than for purposes of resale, of a motor vehicle,” (2) “any person to whom the motor vehicle is transferred during the…”
Moedt v. Gen. Motors Corp., 60 P.3d 240 (Ariz. Ct. App. 2002).
“BACKGROUND ¶2 Moedt sought relief for a claimed breach of warranty pursuant to two statutory provisions: the Magnuson-Moss Warranty Federal Trade Commission Improvement Act, 15 U.”
Bellemare v. Lemon Law (Ariz. Ct. App. 2021).
· cites it 2× “Bellemare alleged that LLGP had failed to file for arbitration or otherwise take action to preserve her claims under Arizona’s “lemon law,” A.R.S. §§ 44-1261 to -1267. According to Bellemare, her claims expired under Arizona’s lemon law two years after the purchase date—i.”
Brown v. Arizona Natures (Ariz. Ct. App. 2024).
· cites it 2× “1993) (holding statutory claim under Arizona’s “Lemon Law,” A.R.S. §§ 44-1261 to -1265, did not arise out of contract).”
Brooks v. Ford Motor Co., 41 Pa. D. & C.3d 189 (1986).
“Other states that generally use the same type of a consumer definition as Connecticut are: Arizona- Ariz. Rev. Stat. Ann. §44-1261 (1984-1985); *198 Colorado- Colo.”
— Ariz. Rev. Stat. § 44-1261(A)(1) — 3 cases
Parrot v. DaimlerChrysler Corp., 108 P.3d 922 (Ariz. Ct. App. 2005).
“¶ 34 Chrysler argues that subsection (C) of A.R.S. § 44-1261 excludes leases because it states that “[t]he provisions of this article do not apply to a sale of a motor vehicle to a purchaser for the purpose of resale for profit ----” We disagree that this language precludes all…”
Mago v. Mercedes-Benz, U.S.A., Inc., 142 P.3d 712 (Ariz. Ct. App. 2006).
“¶ 8 In order to be a “consumer” under the Lemon Law, one must qualify under at least one of the following three categories of consumers: (1) a “purchaser, other than for purposes of resale, of a motor vehicle,” (2) “any person to whom the motor vehicle is transferred during the…”
— Ariz. Rev. Stat. § 44-1261(A)(l) — 2 cases
Parrot v. DaimlerChrysler Corp., 130 P.3d 530 (Ariz. 2006).
“265, § 1 (codified as amended at A.R.S. §§ 44-1261 to - 1265). ¶ 39 The Lemon Law definition of “consumer” parallels the definition in the Warranty Act: “Consumer” means the purchaser, other than for purposes of resale, of a motor vehicle, any person to whom the motor vehicle is…”
Kennedy v. Linda Brock Auto. Plaza, Inc., 856 P.2d 1201 (Ariz. Ct. App. 1993).
“” A.R.S. § 44-1261(A)(l). The “Lemon Law’s” substantive provisions also make clear that it applies to express warranties: If a new motor vehicle does not conform to all applicable express warranties .”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.