Under Arkansas's lemon law, the New Motor Vehicle Quality Assurance Act (Arkansas Code Annotated § 4-90-401 and following), a manufacturer must refund or replace a defective new vehicle if it cannot fix a covered defect after a reasonable number of attempts. Arkansas defines "reasonable" with a legal presumption: three or more repair attempts for the same problem, OR the vehicle is out of service for repairs for a cumulative total of 30 or more calendar days, and the problem first appears within the lemon law rights period of 24 months or 24,000 miles, whichever comes first. For a defect that is likely to cause death or serious bodily injury if the car is driven, the presumption can be triggered after just one unsuccessful repair attempt. If the manufacturer still cannot conform the vehicle to its warranty, you are entitled to a full refund or a comparable replacement vehicle, at your choice.
Which vehicles and defects qualify in Arkansas
The Arkansas lemon law applies to new motor vehicles sold or leased in the state and still under the manufacturer's express written warranty. The defect must be a "nonconformity": a problem covered by the warranty that substantially impairs the use, value, or safety of the vehicle. Cosmetic or trivial issues do not count, and a defect caused by abuse, neglect, accident, or unauthorized modification by the owner is excluded.
Several vehicle types fall outside the law. Arkansas generally excludes:
- Vehicles with a gross vehicle weight rating of more than 10,000 pounds;
- The living quarters of a motor home (the chassis and drivetrain may still be covered, but the residential portion is not);
- Motorcycles and similar two- or three-wheeled vehicles in many cases;
- Vehicles that are not primarily designed for use on public highways.
Used cars are not covered by the lemon law itself. If you bought a used vehicle, your protection generally comes from the written warranty (if any), the dealer's representations, and federal law rather than Arkansas Code § 4-90-401.
The two triggers: repair attempts and days out of service
Arkansas gives you two independent ways to establish that the manufacturer had a reasonable chance to fix the car. You only need to satisfy one.
Repair-attempt trigger. The same nonconformity has been subject to repair three or more times, and the defect still exists or has recurred. For a serious safety defect that could cause death or serious injury, the threshold drops to one attempt.
Days-out-of-service trigger. The vehicle is out of service because of warranty repair (for one or more nonconformities) for a cumulative total of 30 or more calendar days. These days do not have to be consecutive; you add up every day the car sat at the shop for covered repairs.
Both triggers must occur within the lemon law rights period — the term of the written warranty or 24 months / 24,000 miles, whichever is earlier. Keep every repair order: each visit should show the date you dropped the car off, the complaint, the dates the dealer kept it, and what (if anything) was done. These documents are how you prove the count.
Notice to the manufacturer
Before you can demand a refund or replacement, Arkansas requires that you give the manufacturer (not just the dealer) a final opportunity to repair the vehicle. Send written notice to the manufacturer at the address listed in the owner's manual or warranty booklet, describe the defect, and use certified mail so you have proof of delivery. After receiving notice, the manufacturer must be given a final reasonable chance — commonly a short additional period — to correct the problem. If it cannot, your right to a remedy is established.
Your remedy: refund or replacement
If your vehicle qualifies, you choose between a refund and a replacement; the manufacturer cannot force you into the less convenient option.