Utah Lemon Laws

Utah Code -- Title 13 -- Chapter 20 -- New Motor Vehicle Warranties Act

13-20-1.

Short title

As defined in Utah lemon law statutes, this chapter is known as the “New Motor Vehicles Warranties Act.”

Enacted by Chapter 168, 1985 General Session

13-20-2.

Definitions

In Utah lemon law, the terms as used in this chapter are defined as:

Consumer is a person who has is a part of an agreement or contract that is signed for the transfer, lease, or purchase of a new motor vehicle. The vehicle must be used for purposes other than resale, or sublease, during the duration of the period defined under Section 13-20-5.

Manufacturer is any individual who is engaged in manufacturing, importing, distributing, or manufacturer is anyone who is entitled for the named of warrantor on an express written warranty on a motor vehicle.

Motor home is defined as any motor driven vehicle or self-propelled unit that is basically designed for the purpose of a temporary dwelling, recreational, and vacation use.

  1. The term Motor vehicle shall include:
    1. A motor home, according to the definition as in this section. The motor home must be self-propelled and must has own chassis that is sold in this state;
    2. A motor vehicle, as defined in Section 41-1a-102, sold in this state; and
    3. A motorcycle, as defined in Section 41-1a-102, sold in this state if the motorcycle is originally designed for use on paved highways.
  2. According to this section Motor vehicle does not include:
    1. Those parts of a motor home those were designated, used, or kept primarily as a mobile abode, office, or any business space;
    2. Farm tractor, motorcycle, road tractor, or truck tractor as defined in Section 41-1a-102;
    3. Mobile home as defined in Section 41-1a-102; or
    4. Any motor vehicle with a gross laden weight of over 12,000 pounds, except a motor home as defined under Subsection (3).
    5. A motorcycle, as defined in Section 41-1a-102, if the motorcycle is designed primarily for use or operation over unimproved terrain;
    6. A bicycle (that is run with electric current) as defined in Section 41-1a-102;
    7. A moped as defined in Section 41-6-1;
    8. A motor assisted scooter as defined in Section 41-6-1; or
    9. A motor-driven cycle as defined in Section 41-6-1.

Amended by Chapter 12, 2004 General Session

13-20-3.

Nonconforming motor vehicles – Repairs

Under this chapter 13-20-3 of Utah lemon law, it is stated that in case a new motor vehicle does not do the accepted thing to all applicable express warranties, and the consumer was forced to lodge the complaint for the nonconformity to the manufacturer, its agent, or its authorized dealer during the time period the required warranty was valid 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 are absolutely responsible for the entire repairs that is necessary to conform the vehicle to the express warranties. The condition of whether or not these repairs are made after the expiration of the warranty term or the one-year period doesn’t apply.

Enacted by Chapter 168, 1985 General Session

13-20-4.

Nonconforming motor vehicles - Replacement - Refund - Criteria – Defenses

According to Utah lemon law statues, this chapter states;

  1. In case the manufacturer, its agent, or its authorized dealer is not able to remove the defect from the motor vehicle that us under any applicable express warranty by repairing or correcting any defect or condition and that defect substantially impairs the use, market value, or safety of the motor vehicle after a reasonable number of attempts, it is the responsibility of the manufacturer that he will replace the motor vehicle with a comparable new motor vehicle or will accept return of the vehicle from the consumer and refund him the full purchase price including all collateral charges, less a reasonable allowance for the consumer's use of the vehicle. The Refunds shall be made to the consumer, and any lienholders or lessors whose interests are also included in that.
  2. A rational allowance for self use is named as that amount that is in first case attributable to use by the consumer before he reports the nonconformity of vehicle to the manufacturer, its agent, or its authorized dealer, and during any following period when the vehicle is effective not out of service because of repair.
  3. Upon receiving of any refund amount or replacement under that is made under Subsection (1), the consumer, lienholder, or lessor shall provide to the manufacturer clearly visible title to and possession of the motor vehicle.
  4. It further states that it is a positive defense to any claim under this chapter:
    1. That a declared but yet not proved nonconformity does not significantly damage the consumer's use of the motor vehicle and does not considerably impair the market value or safety of the motor vehicle; or
    2. That such an alleged defect that is found with the vehicle is the result of self abuse, neglect, or unauthorized modifications or alterations of the vehicle that is Amended by Chapter 249, 1990 General Session

Enacted by Chapter 168, 1985 General Session

13-20-5.

Reasonable number of attempts to conform

  1. It is supposed that quite many number of attempts and tries have been made by the consumer to conform a motor vehicle to the applicable express warranties as stated in Utah lemon law, if:
    1. The same nonconformity has been subject to repair four or more times by the manufacturer, its agent, or its authorized dealer but the defect and non conformity still exist. The motor vehicle was brought 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; or
    2. The consumer was unable to use his motor vehicle continuously for a cumulative total of 30 or more business days and it was still in the warranty term or was in one-year period after the vehicle was bought, whichever is earlier.
  2. The court regulates that term of an express warranty which is one-year period, and the 30-day period shall be extended by any period of time because during required time the repair services was not available to the consumer because of a war, invasion, strike, fire, flood, or other natural disaster.

Enacted by Chapter 168, 1985 General Session

13-20-6.

Enforcement - Limited Liability of Dealer - No Limit on Other Rights or Remedies

  1. Under this section of Utah lemon law, the Division of Consumer Protection shall, or a consumer may, make obligatory the rights created under this chapter. The consumer may request the court or division against any issue and commence any action only after the claim has been investigated and evaluated by the division.
  2. This chapter of Utah lemon law may not be deemed as it is meant for imposing any liability on an authorized dealer or creating a cause of action by a consumer against a dealer under this chapter. The only applicable case can be the written express warranties that are made by the dealer apart from the manufacturer's own warranties.
  3. This chapter also states that if there are any other modes of remedies or way outs available to consumer under any law are not limited and are openly accepted.
  4. In case the action which is initiated under this section by the consumer, the court may award attorneys' fees to the existing party.

Amended by Chapter 249, 1990 General Session

13-20-7.

Use of Dispute Settlement Procedure

As mentioned in Utah lemon law, if the consumer was not satisfied with the services provided by the manufacturer and there roused a dispute, that must be settled. If manufacturer has established an informal dispute settlement procedure which is in accordance to Title 16, Code of Federal Regulations, Part 703, and then Section 13-20-4 regarding the refunds or replacement or vehicle does not apply to any consumer who has not first resorted to this procedure.

Amended by Chapter 249, 1990 General Session