Arkansas Code Title 4, Subtitle 7, Chapter 90, Subchapter 4 - New Motor Vehicle Quality Assurance Act
- § 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...
- § 4-90-403 - Definitions.
As used in this subchapter, unless the context otherwise requires: (1) "Calendar day" means any day of the week other than a legal holiday;...
- § 4-90-404 - Notice by Consumer -- Disclosure by Manufacturer, Agent, or Dealer.
(a) (1) A consumer shall utilize the informal dispute settlement proceeding provided for in this subchapter prior to bringing any legal action to enforce...
- § 4-90-405 - Required Warranty Repairs.
If a motor vehicle does not conform to the warranty and the consumer reports the nonconformity to the manufacturer, its agent, or authorized dealer...
- § 4-90-406 - Failure to Make Required Repairs.
(a) (1) After three (3) attempts have been made to repair the same nonconformity that substantially impairs the motor vehicle, or after one (1)...
- § 4-90-407 - Refunds.
(a) (1) Refunds shall be made to the consumer and lienholder of record, if any, as their interests may appear. (2) If applicable, refunds...
- § 4-90-408 - Reimbursement of Towing and Rental Costs.
Whenever a vehicle is replaced or refunded under this subchapter, the manufacturer shall reimburse the consumer for necessary towing and rental costs actually incurred...
- § 4-90-409 - Option to Retain Use of Vehicle.
A consumer has the option of retaining the use of any vehicle returned under this subchapter until the time that the consumer has been...
- § 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)...
- § 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...
- § 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...
- § 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,...
- § 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...
- § 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...
- § 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...
- § 4-90-417 - Deceptive Trade Practices.
A violation of any of the provisions of this subchapter shall be deemed a deceptive trade practice under ยง 4-88-101 et seq.
Last modified: November 15, 2016