Alaska's lemon law and your rights as a buyer

What the lemon law protects, what it doesn't, and what rights you keep when you buy used. With the state's exact deadlines.

This guide summarizes the recorded scope for Alaska (Alaska Motor Vehicle Warranties Act, AS 45.45.300 – AS 45.45.360). Eligibility, deadlines and notice requirements depend on the law and applicable coverage; read the state conditions below, including used-vehicle conditions where relevant.

What it covers

New motor vehicles with a defect that substantially impairs their use or market value. New boats, snowmachines and ATVs have their own separate law (AS 45.27.190 – .220), with the same one-year period and 60-day notice.

Rights period: The maker's express warranty or the first year after delivery to the original owner, whichever ends first. Written notice must be sent within 60 days after that period ends.

When it is presumed a lemon

The same defect was subject to repair three or more times and still exists; or the car was out of service for a total of 30 or more business days, within that period.

The presumption does not replace the other requirements. Check the official conditions and procedure for your situation.

The process

Written notice to the maker and its dealer or repairing agent, by certified mail, which is the exact method AS 45.45.310 requires. The notice must say four things: that the car has a defect, a reasonable description of the defect, that a reasonable number of repair attempts have already been made, and that you demand the refund or replacement vehicle to be delivered on the 60th day after you mailed the notice. Add the year, make, model, the VIN and your name, address and phone number. The maker has 30 days from the notice for a final repair attempt. If the maker has an informal dispute program accepted by the Attorney General, you must use it before going to court; its decision binds the maker, not you. If not, you can go straight to court.

Who handles it: Alaska Department of Law — Consumer Protection Unit (no state arbitration board).

Hotline: 907-269-5200 · 1-888-576-2529 (fuera de Anchorage).

What you get if you win

Replacement or refund, at the owner's choice, plus reasonable costs of shipping the car to the nearest authorized shop. The refund is the full purchase price, which by law includes what was added to the retail price: original registration fees, transportation, dealer preparation and dealer-installed options (AS 45.45.360(4)). If there is a loan, the payment is split between the lender and you. The maker may deduct for your use of the car, but that deduction cannot exceed straight-line depreciation over seven years, plus depreciation from damage, neglect or abuse (AS 45.45.360(9)). The refund does not include finance charges.

What it does not cover

Used cars. The law covers only a land vehicle with four or more wheels, self-propelled, normally used for personal, family or household purposes, and required to be registered under AS 28.10 (AS 45.45.360(6)). That definition leaves out motorcycles and anything with fewer than four wheels, tractors, farm vehicles, vehicles designed primarily for off-road use (ATV, snowmachine, dirt bike), trailers, and a car bought for resale or for a business to use. There is no weight limit: a big pickup used personally is covered. Also left out are defects caused by alteration, abuse or neglect by the owner or anyone other than the dealer or repairing agent, and repair delays beyond the maker's control (labor disputes, natural disasters).

I bought used: what do I have left

More than it seems, even if it isn't the lemon law:

• The Buyers Guide (FTC). The guide states the dealer warranty. "As Is" describes that warranty; it does not by itself resolve other state-law rights or remaining manufacturer coverage. The federal rule applies in 48 states (Maine and Wisconsin have their own equivalent rules). If the sale is conducted in Spanish, the dealer must post a Spanish-language Buyers Guide.
• Remaining manufacturer warranty. Check the warranty contract and its duration and transfer conditions; vehicle age does not guarantee coverage.
• In Alaska: There is no used-car lemon law and no cooling-off period: once you buy, the car is yours. The dealer must give you the accident and repair history the prior owner reported on a trade-in (AS 45.25.465). The advertised price must include all dealer fees. Deceptive practices can be reported to the Consumer Protection Unit (Consumer Protection Act, AS 45.50.471; dealer practices, AS 45.25.400–.990). If you buy "as is", have a mechanic check the car first.