Title 4, Business and Commercial Law

(a) This subchapter applies to a residential real estate repair contract under which a person has contracted with a residential contractor to provide goods or services to be paid from the proceeds of a property and casualty insurance policy. (b) The rights and responsibilities co…

(1) As used in this subchapter:(1) (A) “Emergency services” means services performed with the express permission of the insured and that are immediately necessary for:(i) The preservation of the residential real estate; or(ii) The health of the insured, owner, or possessor.(B) “E…

(1) Before signing a residential real estate repair contract with an insured, a residential contractor shall furnish to the insured:(1) The following statement in at least 10-point boldface type, the following:“You may cancel this residential real estate repair contract at any ti…

(a) A residential contractor in a residential real estate repair contract with an insured shall not commence work until the insured's right to cancel under subsection (b) of this section has expired. (b) A person who has entered into a residential real estate repair contract with…

(a) A violation of this subchapter by a residential contractor is an unfair and deceptive act or practice as defined by this chapter. (b) This subchapter does not prohibit an insured that is harmed by a deceptive trade practice from commencing a civil action against a residential…

The purpose of this chapter is to promote the public welfare by regulating home solicitation sales so that the consumer shall not become a victim of deceptive sales practices.

(1) As used in this chapter, unless the context otherwise requires:(1) “Appropriate trade premises” means premises at which either the owner or seller normally carries on a business or where goods are normally offered or exposed for sale in the course of business carried on at th…

The provisions of this chapter shall not apply to a contract which is executed in connection with the making of emergency repairs or services which are necessary for the immediate protection of persons or real or personal property, or to sales made by a seller who makes seventy-f…

Any person, firm, partnership, corporation, or other entity that knowingly and willfully commits a deceptive trade practice as defined in § 4-89-102(2) shall be guilty of a Class A misdemeanor.

(1) For a violation which is subject to the provisions of this chapter, the consumer shall recover from the persons violating this chapter an amount equal to:(1) Ten percent (10%) of the transaction total or one hundred dollars ($100), whichever is greater; and(2) The actual dama…

(a) (1) Any home solicitation sale conducted in violation of this chapter shall constitute an unfair and deceptive act or practice as defined by the Deceptive Trade Practices Act, § 4-88-101 et seq. (2) All remedies, penalties, and authority granted to the Attorney General under …

(a) In addition to any other right to revoke an offer, the buyer has the absolute right to cancel a home solicitation contract or offer until midnight of the third calendar day, excluding Sundays and holidays as declared in § 1-5-101, after the day on which the buyer signs an agr…

(a) A home solicitation sale is not enforceable by way of action or defense unless there is a writing which:(1) Is sufficient to indicate that a contract for sale has been made between the parties;(2) Is signed by both the consumer and the seller;(3) Contains no provision not inc…

(a) Within ten (10) days after a home solicitation contract or offer has been cancelled, the seller must tender to the buyer any payments made by the buyer and any note or other evidence of indebtedness. (b) If the down payment includes goods traded in, the goods must be tendered…

(a) (1) Within twenty (20) days after a home solicitation contract or offer has been cancelled, the buyer, upon demand, must tender to the seller any goods delivered by the seller pursuant to the sale or offer, but he or she is not obligated to tender at any place other than his …

The General Assembly recognizes that a motor vehicle is a major consumer acquisition and that buyers of motor vehicles rely heavily on the odometer reading as an index of the condition and value of a vehicle. The General Assembly further recognizes that buyers are entitled to rel…

(1) As used in this subchapter, unless the context otherwise requires:(1) “Auction company” means a person taking possession of a motor vehicle owned by another to sell at an auction;(2) “Dealer” means a person that sold at least five (5) motor vehicles during the prior twelve (1…

(a) (1) (A) When a person violates this subchapter or a rule prescribed under this subchapter, the violation shall constitute an unfair or deceptive act or practice as defined by the Deceptive Trade Practices Act, § 4-88-101 et seq. (B) All remedies, penalties, and authority gran…

(1) A person may not:(1) Advertise for sale, sell, use, install, or have installed, a device that makes an odometer of a motor vehicle register a mileage different from the mileage the vehicle was driven, as registered by the odometer within the designed tolerance of the manufact…

(a) (1) A person may service, repair, or replace an odometer of a motor vehicle if the mileage registered by the odometer remains the same as before the service, repair, or replacement.(2) If the mileage cannot remain the same:(A) The person shall adjust the odometer to zero; and…

(a) (1) A person transferring his or her ownership of a motor vehicle shall give the transferee a written or electronic disclosure:(A) Of the cumulative mileage registered by the odometer; or(B) That the mileage is not actual, if the transferor knows that the mileage registered b…

(a) (1) A person who violates this subchapter or a rule prescribed under this subchapter with intent to defraud is liable for three (3) times the actual damages or one thousand five hundred dollars ($1,500), whichever is greater.(2) (A) A person may bring a civil action to enforc…

This subchapter is intended to apply only to parts that are aftermarket crash parts as defined in this subchapter and to the documents prepared in the repair estimate process. It is not intended to apply to any mechanical automotive parts or used parts of any kind or to any invoi…

(1) As used in this subchapter:(1) “Aftermarket crash part” means a replacement for any of the nonmechanical sheet metal or plastic parts which generally constitute the exterior of a motor vehicle, including inner and outer panels;(2) “Installer” means an individual who performs …

Any person who violates any provision of this subchapter shall, upon conviction, be guilty of a violation and shall be subject to the penalty prescribed in § 5-4-201(c)(1).

Any nonoriginal equipment manufacturer aftermarket crash part manufactured or supplied for use in this state on or after January 1, 1992, shall have affixed thereto or inscribed thereon the logo, identification number, or name of its manufacturer. The manufacturer's logo, identif…

(a) In all instances where nonoriginal equipment manufacturer aftermarket crash parts are used in preparing an estimate for repairs, the written estimate prepared by the insurer or repair facility shall clearly identify such parts. (b) A disclosure document attached to the estima…

Whenever repairs are made involving replacement crash parts, as defined in this subchapter, and the vehicle is still under the manufacturer's original warranty, only original equipment manufacturer replacement crash parts may be used by the repair facility unless the owner gives …

Every insurer that writes motor vehicle insurance and that intends to require or specify the use of aftermarket parts must disclose to its policyholders in writing, either in the policy or on an attached sticker, the following information in no smaller than 10-point type: “IN THE…

This subchapter shall be known and may be cited as the “Arkansas New Motor Vehicle Quality Assurance Act”.

The General Assembly recognizes that a motor vehicle is a major consumer acquisition and that a defective motor vehicle undoubtedly creates a hardship for the consumer. The General Assembly further recognizes that a duly franchised motor vehicle dealer is an authorized service ag…

(1) As used in this subchapter, unless the context otherwise requires:(1) “Calendar day” means any day of the week other than a legal holiday;(2) “Collateral charges” means those additional charges to a consumer wholly incurred as a result of the acquisition of the motor vehicle.…

(a) (1) A consumer shall utilize the informal dispute settlement proceeding provided for in this subchapter prior to bringing any legal action to enforce the consumer's rights under this subchapter, if the manufacturer has made the disclosure required by subsection (b) of this se…

If a motor vehicle does not conform to the warranty and the consumer reports the nonconformity to the manufacturer, its agent, or authorized dealer during the motor vehicle quality assurance period, the manufacturer, its agent, or authorized dealer shall make repairs as are neces…

(a) (1) After three (3) attempts have been made to repair the same nonconformity that substantially impairs the motor vehicle, or after one (1) attempt to repair a nonconformity that is likely to cause death or serious bodily injury, the consumer shall give written notification, …

(a) (1) Refunds shall be made to the consumer and lienholder of record, if any, as their interests may appear.(2) If applicable, refunds shall be made to the lessor and lessee as follows:(A) The lessee shall receive the lessee cost less a reasonable offset for use; and(B) The les…

Whenever a vehicle is replaced or refunded under this subchapter, the manufacturer shall reimburse the consumer for necessary towing and rental costs actually incurred as a direct result of the nonconformity.

A consumer has the option of retaining the use of any vehicle returned under this subchapter until the time that the consumer has been tendered a full refund or a replacement vehicle of comparable value.

(a) A rebuttable presumption of a reasonable number of attempts to repair is considered to have been undertaken to correct a nonconformity if:(1) The nonconformity has been subject to repair as provided in § 4-90-406(a), but the nonconformity continues to exist;(2) The vehicle is…

(a) A manufacturer, its agent, or authorized dealer may not refuse to diagnose or repair any vehicle for the purpose of avoiding liability under this subchapter. (b) (1) (A) A manufacturer, its agent, or authorized dealer shall provide a consumer with a written repair order each …

(a) If a motor vehicle has been replaced or repurchased by a manufacturer as the result of a court judgment, an arbitration award, or any voluntary agreement entered into between a manufacturer or a manufacturer through its authorized dealer and a consumer that occurs after a con…

(1) It is an affirmative defense to any claim under this subchapter that:(1) The nonconformity, defect, or condition does not substantially impair the use, value, or safety of the motor vehicle;(2) The nonconformity, defect, or condition is the result of an accident, abuse, negle…

(a) (1) Any manufacturer doing business in this state, entering into franchise agreements for the sale of its motor vehicles in this state, or offering express warranties on its motor vehicles sold or distributed for sale in this state, shall operate or participate in an informal…

(a) A consumer may bring a civil action to enforce this subchapter in a court of competent jurisdiction. (b) This subchapter does not limit the rights and remedies that are otherwise available to a consumer under any applicable provisions of law. (c) A consumer who prevails in an…

(a) An action brought under this subchapter must be commenced within two (2) years following the date the buyer first reports the nonconformity to the manufacturer, its agent, or authorized dealer. (b) When the buyer has commenced an informal dispute settlement procedure describe…

A violation of any of the provisions of this subchapter shall be deemed a deceptive trade practice under § 4-88-101 et seq.