Lemon Law Complaint

ARIZONA LEMON LAW COMPLAINT

1. CAPTION

IN THE SUPERIOR COURT OF THE STATE OF ARIZONA

IN AND FOR THE COUNTY OF [COUNTY]

CASE NO. [________________________________]

COMPLAINT FOR VIOLATION OF ARIZONA'S MOTOR VEHICLE WARRANTIES LAW AND BREACH OF WRITTEN WARRANTY; JURY DEMAND

Plaintiff alleges as follows:

2. PARTIES, JURISDICTION, AND VENUE

1. Plaintiff [PLAINTIFF] is a resident of [COUNTY, STATE] and purchased the Vehicle described below for purposes other than resale.

2. Defendant [MANUFACTURER / WARRANTOR] issued or is obligated under the express warranty attached as Exhibit A and may be served through [REGISTERED AGENT AND ADDRESS].

3. This Court has subject-matter jurisdiction because [STATE THE COURT-SPECIFIC BASIS AND AMOUNT IN CONTROVERSY].

4. Venue is proper in this County because [STATE FACTS SUPPORTING VENUE].

3. VEHICLE, WARRANTY, AND STATUTORY COVERAGE

5. On [DATE], Plaintiff took original delivery of a new [YEAR / MAKE / MODEL], VIN [VIN] (the “Vehicle”), from [SELLING DEALER] for a full purchase price of $[AMOUNT].

6. The Vehicle had an express warranty with a term ending [DATE / YEARS / MILEAGE]. The warranty and purchase documents are attached as Exhibits A and B.

7. The Vehicle is self-propelled and designed primarily to transport persons or property over public highways. It is not over 10,000 pounds declared gross weight, was not sold at public auction, and is not a resale-for-profit transaction. A.R.S. § 44-1261.

8. Plaintiff first reported the nonconformity during the shorter of:

• The express-warranty term; or
• Two years or 24,000 miles after original delivery, whichever of those limits occurred earlier.

4. NONCONFORMITY AND REPAIR HISTORY

9. The Vehicle developed the following defect or condition that failed to conform to the express warranty and substantially impaired its use and value to Plaintiff:

[DESCRIBE EACH DEFECT OR CONDITION, WHEN IT APPEARED, AND ITS EFFECT ON USE AND VALUE].

10. The condition was not caused by abuse, neglect, or an unauthorized modification or alteration.

11. Plaintiff first reported and presented the Vehicle for repair on [DATE], at [MILEAGE] miles.

12. The repair history is documented by the repair orders attached as Exhibit C:

13. Select every applicable allegation:

• ☐ The same nonconformity was repaired at least four times during the applicable shorter warranty / two-year / 24,000-mile period, but it continues to exist.
• ☐ The Vehicle was out of service for repair for a cumulative total of at least 30 calendar days during the applicable shorter warranty / two-year / 24,000-mile period.
• ☐ Even if a statutory presumption is disputed, Defendant had a reasonable number of attempts under the facts proved.

14. Any claimed extension of the warranty, two-year, 24,000-mile, or 30-day period for unavailable repair services must be limited to an actual war, invasion, strike, fire, flood, or other natural disaster under A.R.S. § 44-1264(B).

5. DIRECT WRITTEN NOTICE AND CURE OPPORTUNITY

15. Before relying on the statutory presumption, Plaintiff gave Defendant direct written notice of the alleged defect on [DATE] and an opportunity to cure it. The notice and delivery proof are attached as Exhibit D.

16. After receiving direct written notice, Defendant [DESCRIBE THE FINAL REPAIR OPPORTUNITY AND WHY THE DEFECT REMAINS / DESCRIBE THE FAILURE TO PROVIDE A REASONABLE CURE OPPORTUNITY].

6. INFORMAL DISPUTE PROCEDURE AND TIMELINESS

17. Select the applicable informal-procedure allegation:

• ☐ Defendant had established or participated in an informal dispute-settlement procedure that complied in all respects with 16 C.F.R. Part 703. Plaintiff first resorted to that procedure on [DATE], completed it on [DATE], and attaches the decision as Exhibit E.
• ☐ Defendant had no informal procedure that complied in all respects with 16 C.F.R. Part 703, so A.R.S. § 44-1265(A) did not condition the § 44-1263 remedy on resort to a procedure.

18. This action was filed within six months following the earlier applicable endpoint identified by A.R.S. § 44-1265(B): expiration of the express-warranty term or the earlier of two years or 24,000 miles after original delivery.

7. COUNT I — ARIZONA MOTOR VEHICLE WARRANTIES

19. Plaintiff incorporates paragraphs 1 through 18.

20. Plaintiff is a consumer and the Vehicle is a covered motor vehicle under A.R.S. § 44-1261.

21. Plaintiff timely reported the nonconformity, but Defendant and its agents or authorized dealers were unable to conform the Vehicle to the express warranty after a reasonable number of attempts.

22. Under A.R.S. § 44-1263(A), Defendant must replace the Vehicle with a new motor vehicle or accept its return and refund the full purchase price, including collateral charges, less the statutory reasonable allowance for use.

23. The reasonable-use allowance must be limited to use before Plaintiff's first written report of the nonconformity and subsequent periods when the Vehicle was not out of service for repair.

24. Plaintiff seeks the replacement or refund remedy, plus the reasonable costs and attorney fees that A.R.S. § 44-1265(B) requires for a prevailing consumer.

8. COUNT II — MAGNUSON-MOSS WARRANTY ACT (OPTIONAL)

25. Plaintiff incorporates paragraphs 1 through 18.

26. The Vehicle is a consumer product, Plaintiff is a consumer, Defendant is a warrantor, and Exhibit A is a written warranty within 15 U.S.C. § 2301.

27. Defendant failed to comply with its written-warranty obligations by [IDENTIFY THE WARRANTY PROMISE AND THE FACTUAL BREACH].

28. Plaintiff satisfied any applicable notice and qualifying informal-procedure prerequisite under 15 U.S.C. § 2310(a) and 16 C.F.R. Part 703.

29. Plaintiff seeks damages and other legal or equitable relief under 15 U.S.C. § 2310(d)(1)(A), together with costs and reasonable attorney fees if awarded under § 2310(d)(2).

9. PRAYER FOR RELIEF

Plaintiff requests judgment awarding:

1. A new replacement motor vehicle or return and refund under A.R.S. § 44-1263(A), including collateral charges and less only the lawful use allowance;
2. Damages and other relief proved under the written warranty and 15 U.S.C. § 2310, if Count II is retained;
3. Reasonable costs and attorney fees where authorized;
4. Prejudgment and post-judgment interest where authorized; and
5. Any further relief the Court deems proper.

10. JURY DEMAND

Plaintiff demands a trial by jury on every issue so triable.

11. SIGNATURE BLOCK

Date: [DATE]

Respectfully submitted,

[ATTORNEY NAME]

Arizona Bar No. [NUMBER]

[FIRM]

[ADDRESS]

[PHONE]

[EMAIL]

Attorney for Plaintiff

12. EXHIBIT CHECKLIST

• ☐ Exhibit A — Express warranty
• ☐ Exhibit B — Purchase documents
• ☐ Exhibit C — Complete repair orders and out-of-service calculation
• ☐ Exhibit D — Direct written notice and delivery proof
• ☐ Exhibit E — Informal-procedure submission and decision, if applicable
• ☐ Exhibit F — Documents supporting collateral charges and requested relief

13. SOURCES AND REFERENCES

• Arizona Legislature — A.R.S. § 44-1261
• Arizona Legislature — A.R.S. § 44-1262
• Arizona Legislature — A.R.S. § 44-1263
• Arizona Legislature — A.R.S. § 44-1264
• Arizona Legislature — A.R.S. § 44-1265
• GovInfo — 15 U.S.C. § 2301
• GovInfo — 15 U.S.C. § 2310
• eCFR — 16 C.F.R. Part 703