Lemon Law - Utah
Lemon Law
Lemon Law - "Lemon
law" is that body of state law which defines an automobile
owners rights when the manufacturer is not able to repair the
automobile within the limits specified. In
such cases, the automobile is referred to as a "lemon",
and is subject to the conditions of the state lemon law.
Your Lemon Law
Disclaimer:
These pages are created to inform and educate the public about lemon
law and under the lemon law in your state. They are not and
should not be considered legal opinions or advice as to whether you
have rights under lemon law or whether you should pursue "a
lemon law case". If after reading this information,
you believe you qualify, you should seek the advice and counsel of
an attorney specializing in lemon law in your state. Remember
that each state's lemon laws vary.
As used in this chapter:
(1) "Consumer"
means an individual who has entered into an agreement or contract
for the transfer, lease, or purchase of a new motor vehicle other
than for purposes of resale, or sublease, during the duration of the
period defined under Section 13-20-5.
(2) "Manufacturer"
means manufacturer, importer, distributor, or anyone who is named as
the warrantor on an express written warranty on a motor vehicle.
(3) "Motor home"
means a self-propelled vehicular unit, primarily designed as a
temporary dwelling for travel, recreational, and vacation use.
(4) (a) "Motor
vehicle" includes:
(i) a motor home, as defined
in this section, but only the self-propelled vehicle and chassis
sold in this state; and
(ii) a motor vehicle, as
defined in Section 41-1a-102, sold in this state.
(b) "Motor
vehicle" does not include:
(i) those portions of a
motor home designated, used, or maintained primarily as a mobile
dwelling, office, or commercial space;
(ii) farm tractor,
motorcycle, road tractor, or truck tractor as defined in Section
41-1a-102;
(iii) mobile home as defined
in Section 41-1a-102; or
(iv) any motor vehicle with
a gross laden weight of over 12,000 pounds, except a motor home as
defined under Subsection (3).
13-20-3 Nonconforming motor
vehicles.
Repairs.
If a new motor vehicle does not
conform to all applicable express warranties, and the consumer
reports the nonconformity to the manufacturer, its agent, or its
authorized dealer during the term of the express warranties or
during the one-year period following the date of original delivery
of the motor vehicle to a consumer, whichever is earlier, the
manufacturer, its agent, or its authorized dealer shall make repairs
necessary to conform the vehicle to the express warranties, whether
or not these repairs are made after the expiration of the warranty
term or the one-year period.
13-20-4 Nonconforming motor
vehicles.
Replacement; Refund; Criteria;
Defenses.
(1) If the manufacturer, its
agent, or its authorized dealer is unable to conform the motor
vehicle to any applicable express warranty by repairing or
correcting any defect or condition that substantially impairs the
use, market value, or safety of the motor vehicle after a reasonable
number of attempts, the manufacturer shall replace the motor vehicle
with a comparable new motor vehicle or accept return of the vehicle
from the consumer and refund to the consumer the full purchase price
including all collateral charges, less a reasonable allowance for
the consumer's use of the vehicle. Refunds shall be made to the
consumer, and any lien holder's or lessor's as their interests may
appear.
(2) A reasonable allowance
for use is that amount directly attributable to use by the consumer
prior to his first report of the nonconformity to the manufacturer,
its agent, or its authorized dealer, and during any subsequent
period when the vehicle is not out of service because of repair.
(3) Upon receipt of any
refund or replacement under Subsection (1), the consumer, lien
holder, or lessor shall furnish to the manufacturer clear title to
and possession of the motor vehicle.
(4) It is an affirmative
defense to any claim under this chapter:
(a) that an alleged
nonconformity does not substantially impair the consumer's use of
the motor vehicle and does not substantially impair the market value
or safety of the motor vehicle; or
(b) that an alleged
nonconformity is the result of abuse, neglect, or unauthorized
modifications or alterations of a motor vehicle by a consumer.
13-20-5 Reasonable number of
attempts to conform.
(1) It is presumed that a
reasonable number of attempts have been undertaken to conform a
motor vehicle to the applicable express warranties, if:
(a) the same nonconformity
has been subject to repair four or more times by the manufacturer,
its agent, or its authorized dealer within the express warranty term
or during the one-year period following the date of original
delivery of the motor vehicle to a consumer, whichever is earlier,
but the nonconformity continues to exist; or
(b) the vehicle is out of
service to the consumer because of repair for a cumulative total of
30 or more business days during the warranty term or during the
one-year period, whichever is earlier.
(2) The term of an express
warranty, the one-year period, and the 30-day period shall be
extended by any period of time during which repair services are not
available to the consumer because of a war, invasion, strike, fire,
flood, or other natural disaster.
13-20-6 Enforcement.
Limited liability of dealer; No
limit on other rights or remedies.
(1) The Division of Consumer
Protection shall, or a consumer may, enforce the rights created
under this chapter. An action may be commenced by a consumer only
after the claim has been investigated and evaluated by the division.
(2) This chapter may not be
interpreted as imposing any liability on an authorized dealer or
creating a cause of action by a consumer against a dealer under this
chapter, except regarding any written express warranties made by the
dealer apart from the manufacturer's own warranties.
(3) This chapter does not
limit the rights or remedies which are otherwise available to a
consumer under any other law.
(4) In an action initiated
under this section by the consumer, the court may award attorneys'
fees to the prevailing party.
13-20-7 Use of dispute
settlement procedure.
If a manufacturer has established
an informal dispute settlement procedure which complies with Title
16, Code of Federal Regulations, Part 703, then Section 13-20-4
concerning refunds or replacement does not apply to any consumer who
has not first resorted to this procedure.
