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, neglect, or unauthorized modification or alteration of the motor vehicle by persons other than the manufacturer, its agent, or authorized dealer;
(3) The claim by the consumer was not filed in good faith; or
(4) Any other defense allowed by law that may be raised against the claim.
Structure Arkansas Code
Title 4 - Business and Commercial Law
Subtitle 7 - Consumer Protection
Subchapter 4 - New Motor Vehicle Quality Assurance Act
§ 4-90-402. Legislative determinations and intent
§ 4-90-404. Notice by consumer — Disclosure by manufacturer, agent, or dealer
§ 4-90-405. Required warranty repairs
§ 4-90-406. Failure to make required repairs
§ 4-90-408. Reimbursement of towing and rental costs
§ 4-90-409. Option to retain use of vehicle
§ 4-90-411. Diagnosis or repair — Documentation
§ 4-90-412. Resale of returned nonconforming vehicle
§ 4-90-413. Affirmative defenses
§ 4-90-414. Informal proceeding as precedent
§ 4-90-415. Enforcement — Exclusivity — Costs and expenses