What Is the Lemon Law in Alaska for Used Cars
Alaska's Lemon Law, codified as AS 45.45.300 through AS 45.45.360, establishes consumer rights for buyers of defective new motor vehicles. This legislation mandates that manufacturers replace or provide full refunds for vehicles with significant defects that cannot be successfully repaired. Alaska's lemon law does not extend to used vehicles. The Alaska Department of Law confirms that this statute exclusively protects purchasers of new motor vehicles.
What Protections Do Used Car Buyers Have in Alaska?
While Alaska's lemon law excludes used vehicles from coverage, federal legislation offers essential safeguards for consumers.
Magnuson-Moss Warranty Act
The Magnuson-Moss Warranty Act establishes federal protection for used vehicle transactions. This legislation applies to consumer products accompanied by written warranties, including previously owned vehicles. Available legal remedies under this federal statute include claims for breach of express warranties, breach of implied warranties, and service contract violations.
FTC Used Car Rule
Under the Federal Trade Commission's Used Car Rule, dealers must post a Buyer's Guide on each used vehicle available for purchase. Key information disclosed on this form includes whether warranty protection exists or if the sale is "as is," which mechanical systems receive coverage, how long any warranty remains valid, the dealer's share of covered repair costs, and recommendations for obtaining history reports and verifying recall status.
Understanding "As Is" Sales in Alaska
Numerous used vehicles in Alaska are marketed "as is," a term that substantially restricts consumer protections. The Alaska Department of Law emphasizes that minimal legal safeguards exist for consumers purchasing used vehicles, particularly those sold "as is."
What "As Is" Means for Buyers
When purchasing a vehicle under "as is" terms:
- Dealers assume zero responsibility for post-sale repairs
- Buyers accept full financial liability for all vehicle defects
- Problems discovered immediately after purchase remain the buyer's expense
- Typical implied warranty protections do not apply to these transactions
Limited Dealer Disclosure Requirements
Alaska statutes require dealers to provide accident and repair history information as reported by previous owners of trade-in vehicles. This requirement does not ensure the accuracy or completeness of information provided by former owners.
Limited Exceptions to "As Is" Sales
Despite "as is" designations, buyers may have legal options when dealers intentionally concealed known mechanical problems, made material misrepresentations that influenced the buying decision, or sold vehicles with defects rendering the automobile unsuitable for basic transportation purposes.
Filing a Consumer Complaint
Consumers experiencing disputes with used vehicle dealers may submit complaints to the Consumer Protection Unit.
Alaska Department of Law
Consumer Protection Unit
1031 West 4th Avenue, Suite 200, Anchorage, AK 99501
Phone: (907) 269-5200
Toll-free: (888) 576-2529
Official Website: Consumer Protection Unit
