Suing a car dealership in Arizona requires following specific legal steps, beginning with documenting the issue and sending a formal demand letter. If unresolved, you may file a lawsuit in small claims court for claims under $3,500 or superior court for larger amounts. However, Arizona's laws, such as the Lemon Law for new vehicles or the Consumer Fraud Act for misrepresentation, can be complex, so consulting an attorney specializing in consumer protection is highly recommended to assess your case's merits and avoid procedural errors.
Common reasons for lawsuits against dealerships include breach of contract, where the dealership fails to honor the sales agreement, or fraud, such as odometer tampering or hiding accident history. For new cars, Arizona's Lemon Law (ARS §44-1261) applies if the vehicle has substantial defects that aren't repaired after a reasonable number of attempts—typically three or more for safety issues or one for serious flaws. Used car disputes often fall under the Arizona Consumer Fraud Act, which prohibits deceptive practices.
The process starts with gathering evidence: keep records of all communications, repair invoices, photos of defects, and the buyer's order. Send a demand letter via certified mail to the dealership, clearly stating the problem and desired resolution, like a refund or repair. Allow 30 days for a response. If they refuse, you can file a complaint with the Arizona Attorney General's Office or proceed to court. In court, you'll need to prove your claim, which may involve presenting documents and witness testimony.
It's crucial to understand that lawsuits can be time-consuming and costly. Many cases settle out of court through mediation. Always seek legal advice to ensure you meet deadlines, such as the statute of limitations, which is generally one year for fraud claims and longer for contract issues. An attorney can help navigate these complexities and improve your chances of a favorable outcome.
