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Alabama Lemon Law

Alabama Lemon Law State Statutes

Presented By:
Davis L. Middlemas Attorney at Law, LLC
Managing Attorney Davis L. Middlemas
Alabama Bar No. ASB-2103-E63D
Co-counsel with
Thompson Consumer Law Group PLLC
Managing Attorney Russell S. Thompson IV
Arizona Bar No: 029098

The Alabama lemon law statute is below. Statutes are written for lawyers by lawyers, so if the legal ease gets to you, or you simply want to skip learning the law and proceed to”Go” and get damages for your lemon under the Alabama lemon law on new cars (or the Magnuson-Moss Warranty Act, federal lemon law), you can connect with a free Alabama lemon law attorney right here. Simply put, CarLemon.com has the lemon law process covered!


Alabama Motor Vehicle Lemon Law Rights

  • Is your vehicle 2010 or newer?
  • Has it been in the shop too many times? Too many days?
We can tell you FAST if you have a Lemon!
Send copies of your repair records to: help@CarLemon.com
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Alabama Code – Chapter 20A: MOTOR VEHICLE LEMON LAW RIGHTS

Alabama Lemon Law Definition 8-20A-1.
As used in this chapter, the following terms shall have the respective meanings as indicated:
(1) Consumer.

The purchaser, other than for purposes of resale, of a new or previously untitled motor vehicle used in substantial part for personal, family, or household purposes, and any other person entitled by the terms of such warranty to enforce the obligations of the warranty.

(2) Motor vehicle.

Every vehicle intended primarily for use and operation on the public highways which is self-propelled; provided, however, that the term “motor vehicle” shall not apply to motor homes or to any motor vehicle having a manufacturer’s gross vehicle weight rating (GVWR) of 10,000 pounds or more.

(3) Manufacturer.

The person, firm, or corporation engaged in the business of manufacturing, importing and/or distributing motor vehicles to be made available to a motor vehicle dealer for retail sale.

(4) Motor vehicle dealer or Authorized dealer.

The person, firm, or corporation operating under a dealer agreement from a manufacturer, importer, or distributor and who is engaged regularly in the business of buying, selling or exchanging motor vehicles in this state and who has in this state an established place of business.

(5) Express warranty.

A written warranty, so labeled, issued by the manufacturer of a new motor vehicle, including any terms or conditions precedent to the enforcement of obligations under that warranty.

(6) Nonconforming condition.

Any condition of a motor vehicle which shall not be in conformity with the terms of any express warranty issued by the manufacturer to a consumer and which:

(i) significantly impairs the use, value or safety of the motor vehicle and

(ii) occurs or arises solely in the course of the ordinary use of the motor vehicle, and which does not arise or occur as a result of abuse, neglect, modification, or alteration of the motor vehicle not authorized by the manufacturer, nor from any accident or other damage to the motor vehicle which occurs or arises after such motor vehicle was delivered by an authorized dealer to the consumer.

(7) Notice of a nonconforming condition.

A written statement which shall be delivered to the manufacturer and which shall describe the subject motor vehicle, the nonconforming condition, and shall describe all previous attempts to correct such nonconforming condition by identifying the person, firm or corporation who or which made such attempt, and the time when such attempt was made.

(8) Lemon law rights period.

The period ending one year after the date of the original delivery of a motor vehicle to a consumer or the first 12,000 miles of operation, whichever first occurs.

Alabama Automobile Lemon Law 8-20A-2 Obligations of manufacturer.

(a) If a new motor vehicle does not conform to any applicable express warranty, and the consumer delivers the motor vehicle to the manufacturer, its agent, or its authorized dealer, and gives notice of the nonconforming condition during the lemon law rights period, the manufacturer of the motor vehicle shall be obligated to make such repairs to the motor vehicle as shall be necessary to remedy any nonconforming condition thereof. Such repairs shall be required even after the expiration of the lemon law rights period provided that notice of the nonconforming condition was first given during the lemon law rights period and provided further that the manufacturer’s obligation to repair the nonconforming condition shall not extend beyond the period of 24 months following delivery of the vehicle or 24,000 miles, whichever occurs first.

(b) If, after reasonable attempts, the manufacturer, its agent, or its authorized dealer is unable to conform the motor vehicle to any express warranty by repairing or correcting a nonconforming condition of the motor vehicle which first occurred during the lemon law rights period, the manufacturer shall, at the option of the consumer, replace the motor vehicle with a comparable new motor vehicle or shall accept return of the vehicle from the consumer and refund to the consumer the following:

(1) The full contract price including, but not limited to, charges for undercoating, dealer preparation and transportation charges, and installed options, plus the nonrefundable portions of extended warranties and service contracts;

(2) All collateral charges, including but not limited to, sales tax, license and registration fees, and similar government charges;

(3) All finance charges incurred by the consumer after he first reported the nonconformity to the manufacturer, its agent, or its authorized dealer; and

(4) Any incidental damages which shall include the reasonable cost of alternative transportation during the period that the consumer is without the use of the motor vehicle because of the nonconforming condition. There shall be offset against any monetary recovery of the consumer a reasonable allowance for the consumer’s use of the vehicle. Refunds shall be made to the consumer, and any lien holders, as their interests may appear. A reasonable allowance for use is that amount directly attributable to use by the consumer before his first report of the nonconformity to the manufacturer, agent, or authorized dealer, and must be calculated by multiplying the full purchase price of the motor vehicle by a fraction having as its denominator 100,000 and having as its numerator the number of miles that the vehicle travelled before the first report of nonconformity.

(c) It shall be presumed that reasonable attempts to correct a nonconforming condition have been allowed by the consumer if, during the period of 24 months following delivery of the vehicle or 24,000 miles, whichever first occurs, either of the following events shall have occurred:

(1) The same nonconforming condition has been subject to repair attempts three or more times by the manufacturer, its agents or its authorized dealers, at least one of which occurred during the lemon law rights period, plus a final attempt by the manufacturer, and the same nonconforming condition continues to exist; or

(2) The motor vehicle is out of service and in the custody of the manufacturer, its agent, or an authorized dealer due to repair attempts (including the final repair attempt), one of which occurred during the lemon law rights period, for a cumulative total of 30 calendar days, unless such repair could not be performed because of conditions beyond the control of the manufacturer, its agents or authorized dealers, such as war, invasion, strike, fire, flood, or other natural disaster.

Alabama Car Lemon Law 8-20A-3 Cause of action against manufacturer.

(a) A consumer sustaining damages as a proximate consequence of the failure by a manufacturer to perform its obligations imposed under this chapter may bring a civil action against the manufacturer to enforce the provisions of this chapter. Prior to the commencement of any such proceeding a consumer must give notice of a nonconforming condition by certified United States mail to the manufacturer and demand correction or repair of the nonconforming condition. If at the time such notice of a nonconforming condition is given to the manufacturer, a presumption has arisen that reasonable attempts to correct a nonconforming condition have been allowed, the manufacturer shall be given a final opportunity to cure the nonconforming condition. The manufacturer shall within seven calendar days of receiving the written notice of nonconforming condition notify the consumer of a reasonably accessible repair facility. After delivery of the new vehicle to the authorized repair facility by the consumer, the manufacturer shall attempt to correct the nonconforming condition and conform the vehicle to the express warranty within a period not to exceed 14 calendar days. If a manufacturer has established an informal dispute settlement procedure which is in compliance with federal rules and regulations, a consumer must first exhaust any remedy afforded to the consumer under the informal dispute procedure of the manufacturer before a cause of action may be instituted under the provisions of this chapter.

(b) It shall be an affirmative defense to any claim against the manufacturer under this chapter that:

(i) an alleged nonconforming condition does not significantly impair the use, market value, or safety of the motor vehicle; or

(ii) a nonconforming condition is a result of abuse, neglect, or any modification or alteration of a motor vehicle by a consumer that is not authorized by the manufacturer.

(c) If it is determined that the manufacturer has breached its obligations imposed under this chapter, then the consumer shall be entitled to recover, in addition to the remedy provided under Section 8-20A-2 above, an additional award for reasonable attorneys fees.

Alabama Lemon Law 8-20A-4 Resale of returned motor vehicle.

If a motor vehicle has been returned to the manufacturer under the provisions of this chapter or a similar statute of another state, whether as the result of a legal action or as the result of an informal dispute settlement proceeding, it may not be resold in this state unless:

(1) The manufacturer discloses in writing to the subsequent purchaser the fact that the motor vehicle was returned under the provisions of this chapter and the nature of the nonconformity to the vehicle warranty.

(2) The manufacturer returns the title of the motor vehicle to the Alabama Department of Revenue advising of the return of the motor vehicle under provisions of this chapter with an application for title in the name of the manufacturer. The Department of Revenue shall brand the title issued to the manufacturer and all subsequent titles to the motor vehicle with the following statement:

THIS VEHICLE WAS RETURNED TO THE MANUFACTURER BECAUSE IT DID NOT CONFORM TO ITS WARRANTY.

Alabama Lemon Law 8-20A-5 No dealership liability.

Nothing in this chapter imposes any liability upon a motor vehicle dealer or authorized dealer or creates a cause of action by a consumer against a motor vehicle dealer or authorized dealer. A motor vehicle dealer or authorized dealer may not be made a party defendant in any action involving or relating to this chapter. The manufacturer shall not charge back or require reimbursement by a motor vehicle dealer or authorized dealer for any costs, including, but not limited to, any refunds or vehicle replacements, incurred by the manufacturer arising out of this chapter.

Alabama Lemon Law 8-20A-6 Statute of limitations.

Any action brought under this chapter against the manufacturer shall be commenced within three years following the date of original delivery of the motor vehicle to the consumer.

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48 comments

  1. 2012 suburban transmission gone out twice in 2 months.. feeling unsafe in vehicle since.

    • Did you buy new or used? When? How many current miles? Comments like this can be addressed via the “lemon set go” button, just send in the repair orders and find out if you have lemon law rights. Send in purchase dox for a free truth in letting review,too.

  2. We purchased a new vehicle in October 2014 and within a week , upon washing, we discovered damage to the clear coat/paint in numerous places. we immediately called the dealer and took it in for them to see and take pictures. it has been over 6 months and we keep getting passed around or given excuses why we haven’t heard back or been given a resolution. The car was sold NEW. the manufacturer is calling it acid rain damage and says that is environmental and not covered under warranty. The car was sold to us in this condition, unbeknownst to us. A car sold as new with environmental damage should not be expected to be accepted “as is” by the consumer.

  3. Todd Wilkinson

    Just bought a 2014 pre-owned vehicle from a certified dealer. Within a week it has multiple issues with its electrical system and the front suspension. It only has the existing power train warranty and no bumper to bumper warranty. Should the dealer stand behind this?

    • If its “certified” you should still have part of the factory bumper to bumper warranty. How many miles? If you like, send us the purchase dox and the repair records and we will see what rights you have. No obligation, no cost case review. Fsx is 866-773-6152, or scan/take pics and email to help@CarLemon.com–just make sure to include your contact info.

  4. Bridgett Robinson

    Purchased a car drove it not even 2 miles down the road and I noticed that the speedometer was going crazy. I took the car back to the place that I purchased it at. does this fall under lemon law.

    • Not yet, lemon laws are about an unreasonable repair history, not just one defect–unless the repair takes 30 days or longer. Save your repair receipt, let us know any further problems you have.

  5. bought a 2004 kia sadoma van about 2 weeks ago(5-15?-2015). bought (as-is) (no warrenty) from a used car dealer. the transmission fluid is black. the transmission grabbed as if i had slammed the brakes on. then 4 days later the harmonic balancer fell apart. the pully fell off of it completly. ha to tow it home about 5-6 miles. 2 days before the dealer’s wife/sepretary told us there was nothing wrong with it when she drove it before we bought it. does this fall under alabama’s lemon law?

  6. I bought a car on Friday, a 2005 Altima drove it one day and the fuel pump and possible fuel injectors are bad. Does this fall under the lemon law?

    • Probably too old for the lemon law, but you other consumer protection laws like EFTA and TILA may apply to your purchase, give us a call and we’ll see what we can uncover to help you.

  7. Purchased a new 2014 Equinox in Oct 2014 and in March the Stabil trac and Traction Control lights started coming on.We have sent the car back 3 times and they still can’t find the problem and I’m sending it in today. I am considering the lemon law,whats my next move?

    • Just what you are thinking! Call us or send in the repair orders, we’ll get you some help.

    • I had my car a 2014 Q50 Infiniti , by Nissan just replace with a new 2015 Q50. To avoid statements from Dealers/Manufacturers, saying ‘cannot duplicate problems;, starting taking pictures of the ” Stabil trac and Traction Control lights ” on your dash board. Those pictures will mute these people.

  8. We have 2013 VW Beetle we purchased this year as a certified pre-owned that still has a factory warranty, it has been in the shop over a month of the two months we have owned it. Is the lemon law applicable on this vehicle, or is it moot because the car was purchased used.

  9. I bought my car four months ago and the transmission is going out. The car came from Budget car sales and every time I take it to them they keep sending me to different places to get checked out but no one is doing anything about the car. It won’t even let us go over 75mph when taking a long trip out of state. I’m really upset and confused on why won’t they do anything about the car

  10. How do I contact you? Long story to tell, and I’ve been advised I need an attorney. 8885959111?

  11. I bought a 2014 VW Jetta in September of last year (2014) had 12 miles on it. In March of this year (2015) I sent it back because the oil cap had busted off. They fixed it. Now yesterday my EPC light came on and I called them and they said they would have it towed to them, but they do not have a loaner for me to drive. I am scheduled to have my baby in 17 days and now they have left me carless. Does this quailfy?

  12. I bought a used 2011 BMW car on May 12, 2015 from a non-BMW dealer. It was purchased with AS IS on the sticker. It had 47,000 miles on it when I bought it. Three weeks ago, the car didn’t show the correct amount of fuel remaining in the tank, causing it to stall in traffic when I thought it had gas in it. I have taken this car to the factory authorized dealer, BMW, for repair (not where I bought it), since there was a remaining factory warranty on the car. I have taken it to BMW 3 times for this problem. They have replaced the fuel pump and another fuel system related part. The last time I took it back, they tell me they’ve tested it and have found no errors/faults from their diagnostics. The car even stalled on them once when I went to pick it up, causing me to have to leave it with them again. The car still doesn’t show the correct amount of fuel in it. Does this situation apply to the lemon law?

  13. On June 26, I purchased a 2010 Honda accord from a used car dealership. I put $300 down was told to tell the bank I put $2800 down. I was only given a bill of sale and was told once the bank completed the deal, I’d get the rest of the paperwork. Since leaving the lot, I’ve gone back 5 times because the engine light stays on. I have yet to hear from them about my paperwork to get my tag and when I called, I was placed on hold. The transmission grabs and the oil level went from 94% to 50% in two weeks. What rights do I have?

  14. Christi Scruggs

    2015 Jeep Grand Cherokee purchased new in Georgia but registered in Alabama. Transmission issues documented at 5000 miles. Three repair attempts and still having the same issue. Currently has been at Chrysler service center for 14 days. Does this qualify under lemon law? Alabama or Georgia? What is the process to file a claim?

  15. Who I need to contact to see my 2006 Nissan Maxima falls under the TILA or EFTA laws I would like to discuss this with someone mine contains stuff as far as repairs from second of purchase and basically its been something every week and I even found out after running a VIN# full background check I discovered that pacific questions I asked the dealer numerous times before I decided to purchase the vehicle well his answers were not correct I can explain in better details please email me a number to contact someone I have records of repairs and also I paid my car off in April 2015 and I have still not yet received a title .

  16. 2015 JEEP CHEROKEE
    VIN#: 1C4PJMDBXFW552769
    Mileage: 1,089
    I bought a 2015 Jeep Cherokee Limited 4×4 less than 1 month ago, the check engine light came on with approximately 1089 miles, I have enrolled into the Uconnect program, it emailed me with this:

    Your Monthly Vehicle Health Report for your 2015 JEEP CHEROKEE as of 07/26/2015 at 12:50PM EST.

    Dear Rene Hunt,

    Below is your Monthly Vehicle Health Report. One issue was found within the certain key systems monitored by Uconnect Access. For more detailed information, click here to view the complete report.

    No Issues
    Found

    Action
    Suggested

    Immediate Action
    Needed

    POWERTRAIN

    Malfunction Indicator Light
    Your vehicle’s Malfunction Indicator Light recently indicated your vehicle needs service. WARNING: Prolonged driving with the Malfunction Indicator Light on could cause damage to the engine control system. If the Malfunction Indicator Light is flashing, severe catalytic converter damage and power loss will soon occur. Have your vehicle serviced at your dealership immediately.
    Charging System Warning Light
    Electronic Throttle Control Warning Light
    Transmission Temperature Warning Light

    Made an appointment to have this issue addressed.

    Today July 30, 2015 The Service manager informed me that the transmission needed to be replaced.

    I purchased this vehicle on July 13, 2015

    My question is, What are my options due to the fact that I have owned the vehicle for 17 days and my major concern is for the resale of the vehicle with this being a factor.

    Is is an option for me to ask the dealership for a replacement vehicle, as this vehicle is so new.

    I feel that this a resaonable request for a vehicle costing in excess of 35K.

    What are my options?

    Rene Hunt

  17. Bought a Nissan Rogue a month ago and the front wobbles after turning a corner, road noise is horrible, no power and engine misses from 0 to 40, drivers seat collapses after a few miles…..haven’t taken it to dealer yet but will asap…..

  18. I bought a brand new 2015 For Fusion (Auto Nation Ford ~ Mobile AL) (6/16/2015)
    Three weeks later (7/11/2015) 450 miles from home the engine blows up (two pistons the head and the crank) 2400 miles on it
    I get a rental car and drive home
    23 day later Ford (Tracy Langston) still has my car, it’s not fix, they don’t even have the parts.
    No one will return my calls or seems concerned that the situation exists or even occurred.
    I have a case number (CAS7527425) and a rep (Sandy Osten)
    This is just unbelievable… they have all my paper work in the car.

    I can’t seem to get any help from anyone,,, any suggestions?

  19. My mom purchased a 2013 kia rio about 45 days ago had original 11500 miles on it because she needed ac to goto doc appointments. Which she has severe brwathing problems and she cant take the heat makes it worse on her breathing. it worked maybe a week and then made a horrific noise then shoots out fron and now is blowing hot air we took it too the kia dealership which tried charging us $95 just to diagnose it and the lady felt bad for us and waived the fee and its doing it again what legal options does she have too get her money back and we only put about 200 miles on it… and we purchased it from a dealership but not a kia dealer tho

  20. I bought a 2013 Nissan Pathfinder used in December with 13,000 miles Nissan has bought it back from original owner and put a new transmission in it. I had a new transmission but in it 2 weeks ago and the transmission is even worse already. That’s the 3rd one… Does this fall under the lemon law? The car now as 30,000 miles on it

  21. 2005 pathfinder factory default Recognized and reported by the Nissan dealership in Florence Alabama…The coolant systemCracked and lakes toilet into the transmission tearing the transmission up at the cost is $5,600.00. I have already replaced the motor and several other parts now the light And the computer system is messed up..I cannot afford the cost of a new transmission therefore of only driven this car two years out of four..It is top of the line with allThe bells and whistles looks brand new but they manufacture defaults are totally messed upMy number is 256 762 5487

    • 2005 pathfinder factory default Recognized and reported by the Nissan dealership in Florence Alabama…The coolant systemCracked and lakes toilet into the transmission tearing the transmission up at the cost is $5,600.00. I have already replaced the motor and several other parts now the light And the computer system is messed up..I cannot afford the cost of a new transmission therefore of only driven this car two years out of four..It is top of the line with allThe bells and whistles looks brand new but they manufacture defaults are totally messed upMy number is 256 762 5487

  22. I purchase a 2005 VW Passat, that car is a lot of trouble. I put it in the shop it seems like every month. One month I had to get a $1700.00 transmission, tires, now I have to purchase another tire. Coils keep going out, just got the car out the shop Friday, paid $390.00, car was in the shop following Monday, coil, now today is Tuesday now they say it’s coil # 2, they put new spark plugs still sound like it’s missing. Thinking very closely about trading it in as soon as possible.
    It seems like I am putting more work in the car then what it’s worth.

  23. I purchase a 2005 VW Passat in 2013, it has been giving me trouble every since I purchased. I have put new coils in the car 3 or 4 times really lost count, had to get a transmission over $1700.00, purchase tires all four new, now I have to buy some more, brakes bad, new wires, and it goes on and on this is within an year. Son had a wreck in the car tore all the front and tire was messed, insurance adjuster said that it was totaled, next thing I know the adjuster call me and said that he had his body shop look at it and he said it was fixable, had to take it back something came off the car, had to take it back because something was wrong with it, guess what transmission again. I am so sick of this car. I hope someone can help me.

  24. Bought a 2015 Tacoma v6 4WD in February, 2015. A month and half later I noticed a loose knocking feeling in the steering column and the steering wheel wobbles at highway speeds. I’ve taken it back 3 times with this issue. They tell me that they can’t find anything wrong with it. Doesn’t appear normal to me. Actually feel unsafe driving it. And I’m still driving the truck after reporting steering issues. What step should I take?

  25. Brought a 2010 impala 2 months ago motor is locked up . Brought as is does this fall under the lemon law.

  26. We bought a 2007 Saturn Aura thers been so many recalls and the.car is goin crazy something in the diagnostics……the doors lock and unlock.constantly whether sitting still or on the biway it will lock you oit and tha alarm goes off every time you open the door please help

  27. I purchased a 2013 Nissan Altima from Benton. NISSAN in Oxford , AL and I’ve had nothing but trouble… the power steering pump makes a LOUD whining noise and they state there’s nothing they can do, the heat/ac digital panel kept going out and they finally replaced it, the back up camera has been giving me problems since I’ve bought it. I took it in several times with nothing saying they couldn’t duplicate the problem so I started videotaping it and they finally replaced it at 47,000 miles. 1 week after install it’s doing the same thing so it’s going back in the shop tomorrow… ugh I’m so tired of having to miss work to take my car to the shop.

  28. I purchased a 2000 Nissan Altima
    almost 2 months $900 down payment and 2 days ago the car just cut off while I eS driving down a very busy road. Thankfully I pulled over into the turning lane to get out of the way of traffic though the car was turning over it wouldn’t start. I called the car lot and they had one of there guys come and pick the car up yesterday and have it towed back to them so that one of there mechanics could look at it and possibly try to fix it. The dealer finally calls me today only to tell me that the engine is shot and the car is no good. When asking the dealer what am I suppose to do now he said if I give him another $500 down for another vehicle on the lot within the same price range (all older models) when they have tons of newer models on site that he would wipe the loan clean on the Altima and not put it on my credit. There are signs as soon as you walk in…. “All sales are final” and cars are sold as is but come on now!!!!! Not only did I only have it for 2 months and it was a bad engine but you want me to give you another $500 for another vehicle and to boot won’t even let me have any selection on the lot!!!!!!!! I need help what should I do or is there anything that I can do??

  29. My daughter purchased a 2013 Chevy Cruz in October 2015. She has barely had the car 90 days. All of the coolant leaked out and the car ran hot. She took it into the dealer where she bought it and they want to charge her to fix something she didn’t break. The hose must have already been damaged. They say it’s not covered by the remaining warranty. Does this qualify as a lemon.

  30. Hello my brother just recently bought a used car from car salesman. After driving the car for a couple of days the tire would hit the inside of the car my brother than told the car sales man that he could fix it him self or he could. But the sales man doesn’t want to fix it him selfs saids it will cost him money.but my brother told him if he fixes won’t have to pay the rest of the taxes but the sales man says no.whats the solution for this problem?

  31. I bought a 2007 GMC Envoy from a finance company in October. The service engine light has been on since the day after an now i have stability traction lights on an the oil light is on. If i choose to just take the car back what will happen? Does this fall under the Lemon Law? What can i do? I cant pay to fix it an make the monthly payment. I got it due to my other car messing up. I just need some advice.

  32. Purchased a 2015 Chrysler 200 on June 24, 2014. No problems with car until one year after having it, took it to the dealer 3 times in 2015 for recalls on TCM and PCM. While traveling out of town for work last month, 6 times the car went into a neutral like phase in less than 20 minutes. Took it to the local dealership as Chrysler instructed and the car sat there for 3 weeks before they got the part in. I sent a letter to Chrysler stating I want them to buy the car back, they called stating I have to take it to the dealership I purchased it from to have it appraised and they will determine the value. What are the correct steps from this point?

  33. We purchased a 2012 Toyota Highlander. 100% “As is” no warranty, from a certified well known dealer. My battery died today and the alternator could be going out? Immediately called the dealership, they told me to take it to an auto parts store to get a diagnostics test ran on it. Auto parts store employee said the battery had a low charge in turn the alternator is not running as it should. Taking it to the dealership tomorrow. Does this fall under an Alabama “grace period” or Alabama Lemon Law?

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