§ 4-96-308 — Action - Limitations

(a) A legal action brought under this subchapter shall commence within two (2) years following the date a buyer first reports the nonconformity to a manufacturer, an agent of a manufacturer, a distributor, or an authorized dealer. (b) (1) Before filing a legal action in court concerning the enforcement of the rights and remedies available to the consumer under this subchapter, the consumer and the manufacturer, distributor, or authorized dealer shall, in good faith, attempt to resolve all issues and claims in dispute through the use of an impartial, third-party mediator certified by the Arkansas Alternative Dispute Resolution Commission, if the seller has provided the required disclosures under § 4-96-303 . (2) The consumer and the manufacturer shall equally bear all costs and expenses of mediation, unless agreed otherwise. (3) However, if the seller has not provided the required disclosure under § 4-96-303 , the consumer is not required to utilize mediation before commencement of any legal action to enforce the consumer's rights under this subchapter.

Legislative History

Added by Act 2019, No. 588,§ 1, eff. 7/24/2019.