Check That Car!
Title 45, Chapter 45, Sections 300 - 360
AS 45.45.300. Repairs Required.
If a new motor vehicle does not conform to an express warranty
that is applicable to it and the owner of the vehicle reports the
defect or condition to the manufacturer of the vehicle or to the
manufacturer’s or distributor’s dealer during the term of the warranty,
the manufacturer, distributor, dealer, or a repairing agent shall
make the necessary repairs to conform the vehicle to the express
AS 45.45.305. Replacement or Refund.
If during the term of the express warranty or within one year
from the date of delivery of the motor vehicle to the original owner,
whichever period terminates first, the manufacturer, distributor,
dealer, or repairing agent is unable to conform the motor vehicle
to an applicable express warranty after a reasonable number of attempts,
the manufacturer or distributor shall accept the return of the nonconforming
motor vehicle, and, at the owner's option, shall replace the nonconforming
vehicle with a new, comparable vehicle or shall refund the full
purchase price to the owner less a reasonable allowance for the
use of the motor vehicle from the time it was delivered to the original
owner. A refund under this section shall be made to a lienholder
of record, if any, and the owner, as their interests may appear.
AS 45.45.310. Notice By Owner.
In order to claim a refund or replacement under AS 45.45.305,
the owner shall give written notice by certified mail to the manufacturer
and its dealer or repairing agent at any time before 60 days have
elapsed after the expiration of the express warranty or the one-year
period after the date of delivery of the motor vehicle to the original
owner, whichever period terminates first, (1) stating that the vehicle
has a nonconformity; (2) providing a reasonable description of the
nonconformity; (3) stating that the manufacturer, distributor, dealer,
or repairing agent has made a reasonable number of attempts to conform
the vehicle; and (4) stating that the owner demands a refund or
replacement vehicle to be delivered on the 60th day after the mailing
of the written notice. Within 30 days after receiving the notice
required by this section the manufacturer may make a final attempt
to conform the vehicle before a refund or replacement is made under
AS 45.45.315. Exceptions.
An owner may not receive a refund or replacement under AS 45.45.300
- 45.45.360 if the manufacturer or distributor shows that the nonconformity
- (1) does not substantially impair either the use or the market
value of the motor vehicle; or
AS 45.45.320. Presumption.
- (A) alteration of the motor vehicle by the owner or a person
other than a dealer or repairing agent that is not authorized
by the manufacturer or distributor; or
- (B) abuse or neglect by the owner or a person other than
the dealer or repairing agent.
A presumption that a reasonable number of attempts have been made
to conform a motor vehicle under an applicable express warranty
is established if:
AS 45.45.325. Parts Availability.
- (1) the same nonconformity has been subject to repair three
or more times by the manufacturer, distributor, dealer, or repairing
agent during the term of the express warranty or the one-year
period after delivery of the motor vehicle to the original owner,
whichever period terminates first, but the nonconformity continues
to exist; or
- (2) the vehicle is out of service for repair for a total of
30 or more business days during the express warranty term or the
one-year period referred to in (1) of this section, whichever
period terminates first; any period of time that repairs are not
performed for reasons that are beyond the control of the manufacturer,
distributor, dealer, or repairing agent is excluded from the 30-day
time period referred to in this paragraph.
A manufacturer whose vehicles are sold in the state through an
authorized dealer shall provide its dealer or repairing agent with
any part necessary to make a repair of a nonconformity covered under
an express warranty, as soon as possible, without additional charge
for freight or handling, if the part is not in the dealer's or agent's
inventory when the nonconforming vehicle is brought to the dealer
or repairing agent for repair.
AS 45.45.330. Failure to Replace or Refund.
A manufacturer or distributor who fails to refund the full purchase
price of a motor vehicle or replace the motor vehicle when there
is a requirement to do so under AS 45.45.300 – 45.45.360 is presumed
to have committed an unfair trade practice under AS 45.50.471.
AS 45.45.335. Resale Without Disclosure Prohibited.
A motor vehicle returned under AS 45.45.305 may not be resold
by the manufacturer or distributor in the state unless full disclosure
of the reason for the return is made to the prospective buyer before
the resale is concluded.
AS 45.45.340. Other rights and remedies.
The provisions of AS 45.45.300 - 45.45.360 do not limit other
rights and remedies that may be available to the owner of a motor
vehicle under other provisions of law. This section does not create
a new cause of action against a dealer or repairing agent who sells
or attempts to repair a motor vehicle found to be nonconforming
under AS 45.45.300 - 45.45.360.
AS 45.45.345. Repair Facilities.
A manufacturer or distributor or motor vehicles who authorizes
the sale of the manufacturer's or distributor's motor vehicles in
the state shall maintain authorized dealership facilities within
the state that are able to perform the service and make the repairs
required by the manufacturer's express warranty and by AS 45.45.300
AS 45.45.350. Reimbursement of Shipping Costs.
A manufacturer or distributor who accepts the return of a nonconforming
motor vehicle under AS 45.45.305 shall reimburse the owner for any
reasonable cost incurred in shipping the vehicle to and from the
nearest authorized facility for warranty service and repair of a
nonconformity that causes the return of the vehicle.
AS 45.45.355. Arbitration or Mediation.
If a manufacturer or distributor has established an informal dispute
settlement procedure that substantially complies with the requirements
of 16 C.F.R. 703, as that section may be amended, or if the manufacturer
or distributor, after receipt of notice required by AS 45.45.310,
offers in writing to participate in an arbitration or mediation
process with the owner and the arbitration or mediation decision
is binding on the manufacturer or distributor but not on the owner,
and if the informal dispute settlement or arbitration or mediation
process is approved by the attorney general, the provisions of AS
45.45.305 concerning refund or replacement or AS 45.45.350 concerning
shipping costs do not apply to an owner who has not first resorted
to the informal dispute settlement procedure or arbitration or mediation
AS 45.45.360. Definitions.
Definitions in AS 45.45.300 - 45.45.360:
- (1) "dealer" means a person who has obtained a franchise from,
or is authorized by, a motor vehicle manufacturer to engage in
the retail sale and warranty repair of the manufacturer's new
motor vehicles in the state;
- (2) "distributor" means a person who is authorized by a manufacturer
to engage in the wholesale distribution of the manufacturer's
new motor vehicles in the state;
- (3) "express warranty" or "warranty" means an express written
warranty provided by the manufacturer of a new motor vehicle;
- (4) "full purchase price" means the total price paid for a
motor vehicle by the original owner, including costs added to
the retail price, such as original registration fees, transportation
fees, dealer preparation, and dealer installed options;
- (5) "manufacturer" means a person who by labor transforms raw
materials and component parts into motor vehicles for wholesale
or retail sale;
- (6) "motor vehicle" or "vehicle" means a land vehicle having
four or more wheels, that is self-propelled by a motor, is normally
used for personal, family, or household purposes, and is required
to be registered under AS 28.10; but does not include a tractor,
farm vehicle, or a vehicle designed primarily for off-road use;
- (7) "nonconformity" means a defect or condition in a motor
vehicle caused by a manufacturer, distributor, dealer, or repairing
agent that substantially impairs the use or market value of a
- (8) "owner" means a purchaser, other than for resale, of a
new motor vehicle, and a person to whom ownership of the motor
vehicle is transferred in conformity with AS 28;
- (9) "reasonable allowance" means an amount attributable to
an owner's use of a motor vehicle; a "reasonable allowance" may
not exceed an amount equal to the depreciation in value of the
vehicle for the period during which the vehicle is available for
use by the owner, calculated by a straight line depreciation method
over seven years, plus an amount equal to the depreciation in
value of the vehicle that is caused by:
(A) any neglect or abuse by the owner; or
(B) body damage not caused by a nonconformity;
- (10) "repairing agent" means a person who has been specifically
authorized by a motor vehicle manufacturer or distributor to perform
warranty repairs in the state on one or more of the manufacturer's
or distributor's motor vehicles;
- (11) "substantially impairs the market value" means a nonconformity
that substantially decreases the dollar value of a vehicle to
the owner when compared to the dollar value of a similar vehicle
that does not have the nonconformity;
- (12) "substantially impairs the use" means a nonconformity
that prevents a motor vehicle from being operated or makes the
vehicle unsafe to operate.
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