§ 4-90-412. Resale of returned nonconforming vehicle
(a) If a motor vehicle has been replaced or repurchased by a manufacturer as the result of a court judgment, an arbitration award, or any voluntary agreement entered into between a manufacturer or a manufacturer through its authorized dealer and a consumer that occurs after a consumer has notified the manufacturer of the consumer’s desire […]
§ 4-90-413. Affirmative defenses
It is an affirmative defense to any claim under this subchapter that: (1) The nonconformity, defect, or condition does not substantially impair the use, value, or safety of the motor vehicle; (2) The nonconformity, defect, or condition is the result of an accident, abuse, neglect, or unauthorized modification or alteration of the motor vehicle by […]
§ 4-90-414. Informal proceeding as precedent
(a) (1) Any manufacturer doing business in this state, entering into franchise agreements for the sale of its motor vehicles in this state, or offering express warranties on its motor vehicles sold or distributed for sale in this state, shall operate or participate in an informal dispute settlement proceeding located in the State of Arkansas […]
§ 4-90-415. Enforcement — Exclusivity — Costs and expenses
(a) A consumer may bring a civil action to enforce this subchapter in a court of competent jurisdiction. (b) This subchapter does not limit the rights and remedies that are otherwise available to a consumer under any applicable provisions of law. (c) A consumer who prevails in any legal proceeding under this subchapter is entitled […]
§ 4-90-416. Time limitation for commencement of action
(a) An action brought under this subchapter must be commenced within two (2) years following the date the buyer first reports the nonconformity to the manufacturer, its agent, or authorized dealer. (b) When the buyer has commenced an informal dispute settlement procedure described in § 4-90-414, the two-year period specified in subsection (a) of this […]
§ 4-90-417. Deceptive trade practices
A violation of any of the provisions of this subchapter shall be deemed a deceptive trade practice under § 4-88-101 et seq.
§ 4-90-410. Presumption of reasonable attempts to repair — Extension of time to repair in case of war, invasion, strike, fire, flood, or natural disaster
(a) A rebuttable presumption of a reasonable number of attempts to repair is considered to have been undertaken to correct a nonconformity if: (1) The nonconformity has been subject to repair as provided in § 4-90-406(a), but the nonconformity continues to exist; (2) The vehicle is out of service by reason of repair, or attempt […]
§ 4-90-411. Diagnosis or repair — Documentation
(a) A manufacturer, its agent, or authorized dealer may not refuse to diagnose or repair any vehicle for the purpose of avoiding liability under this subchapter. (b) (1) (A) A manufacturer, its agent, or authorized dealer shall provide a consumer with a written repair order each time the consumer’s vehicle is brought in for examination […]
§ 4-90-401. Title
This subchapter shall be known and may be cited as the “Arkansas New Motor Vehicle Quality Assurance Act”.
§ 4-90-402. Legislative determinations and intent
The General Assembly recognizes that a motor vehicle is a major consumer acquisition and that a defective motor vehicle undoubtedly creates a hardship for the consumer. The General Assembly further recognizes that a duly franchised motor vehicle dealer is an authorized service agent of the manufacturer. It is the intent of the General Assembly that […]