Utah Lemon Law Firms:
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Utah Code Annotated, § 13-20-1 to § 13-20-7

13-20-1 Short title.

This chapter is known as the "New Motor Vehicles Warranties Act."

13-20-2 Definitions.

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.

Primarily, the Lemon Laws provide that if you buy (and in most states, lease) a brand new or used vehicle or other car covered by a manufacturer's warranty that is found to be damaged after repeated repair attempts, and the original producer just can't correct it in spite of duplicated efforts (in a specified time limit that differs from state to state), or if the motor vehicle is in the shop for a stipulated period of time (usually 30 days) because of its defects, you are eligible to a wide number of maltreats, inclusive of:

1. Money restitution
2. A repayment of the purchase cost
3. A new car
Furthermore, almost all of the Lemon Laws (as well as the Federal Warranty Law) contain a fee changing component that says that if you win your lawsuit, the manufacturing business or dealership that sold you the lemon is obliged to pay attorneys' expenses.


Lemon Law Regulations
State-specific Lemon Law Statutes
Each of the 50 states has its own Lemon Law statute. Although the verbiage of each state's statute are different, the general state Lemon Law statute provides cure for owners with a unsound automobile purchased with a warranty if:

1. The car dealership or manufacturing business just can't properly remedy a particular gremlin in the automobile after a fair number of repair tries (generally at least three);
2. The vehicle can't be used for at least 30 days due to faults in the car; or
3. The car dealership or manufacturing business can't remedy a flaw that is a endangering safety risk.

Most of the time, a faulty motor vehicle is a motor vehicle with a problem or affliction that largely impares its use, value, or safety to the consumer and doesn't maintain the standard of the written warranty. In most instances, the period in which the Lemon Laws apply are rather short; the flaws and resulting repair attempts (or out-of-service time) generally must happen during the first 2-years or 24,000 miles of consumer ownership of the vehicle. However, a number of states have even shorter periods. Also, most states have notification and initiation prerequisites, such as requiring the consumer to send out registered post notice to the original maker of the faults and affording the dealership a chance to fix the automobile. In addition, several states expect that Lemon Law suits be resolved through an arbitration system.

Generally, state Lemon Law regulation codes also are applicable to leased vehicles and preowned vehicles purchased whilst under the manufacturer's original warranty. A lot of state Lemon Laws also are applicable to cars other than passenger cars. depending upon the customer's state of residence, or the state where the consumer purchased the vehicle, Lemon Laws may be applicable to:

-RV's
-Motorcycles
-Pleasure Boats
-Other consumer items (such as electronics)
There are many significant resolutions available under the Lemon Laws. American States most instances, if the original maker just can not fix the automobile, the consumer may either call for the original maker to replace the motor vehicle, or obligate the manufacturer to take the vehicle and payback the price paid along with incidental damages, like all charges, towing costs, repair costs, associated travel charges and other costs incurred by the consumer as a result of the problems in the vehicle. Another important solution possible under most Lemon Laws is laywers' expenses. In many states, if you prevail in a Lemon Law suit, you will not have to pay any laywers' expenses-the car original producer that sold you your lemon is obligated to pay attorneys' bills.

The defendant auto original maker can use assorted defenses to a Lemon Law claim. The average regulation extends that the manufacturer is not responsible if it can affirm that the flaws at issue came about because of malevolence, forget about, or the modification or alteration of a vehicle by a party other than the original maker, an agent, or its authorized dealer. In other words, if the consumer dismantles his or her own car, or the defects were the fault of changing or changes carried out by an unauthorized person, the original maker might not be guilty.


Federal Lemon Law Statutes
The Magnuson Moss Act
The Magnuson-Moss Warranty Act is the federal law that regulates consumer goods warranties. Passed by Congress in 1975, the Magnuson Moss Act requires manufacturers and marketers of consumer goods to provide consumers with comprehensive info about warranty coverage claims. In addition, it affects both the rights of public consumers and the responsibilities of warrantors under original warranties.

Although the Magnuson Moss Act does not demand an motor vehicle original maker to furnish customers with a warranty, if a warranty is supplied, the Magnuson Moss Act extends numerous protections for the consumer. The Magnuson Moss Act makes it easier for purchasers to sue for not honoring the warranty by making breach of warranty noncompliance of federal law, and by allowing for purchasers to recoup legal charges and reasonable attorney's expenses.

The Magnuson Moss Act is often valuable in a lemon lawsuit in which, for some reason, a state Lemon Law claim is not applicable or moreover disadvantageous. For example, contrary to the generally short period offered to consumers inside many Lemon Laws, you may register a claim for breach of warranty after the warranty period has expired if the troubles occured during the warranty time period. Additionally, although many Lemon Laws limit their coverage to a small offering of automobiles, the Magnuson Moss Act applies to virtually all consumer products. The Magnuson Moss Act might also apply if you bought or leased a expended motor vehicle without a manufacturer's warranty, or if the motor vehicle is covered by a service contract or other form of extended warranty.


The Uniform Commercial Code
The Uniform Commercial Code (referred to as "UCC") has been ratified in every U.S. state. It is the main agent of law governing warranties on consumer goods, including motor vehicles and other items. The UCC affords a legal channel for customers with lemon troubles.

UCC code stipulates that the consumer of a good is entitled to return merchandise that break in any feature to the consumer warranty. Therefore, if your brand new product does not operate as pledged by the original equipment manufacturer (your written warranty is part of your contract), you can have a claim referencing the UCC in addition to any other claims you may have.

The time period for bringing back a car with the UCC is not limitless. If you see a failing in your vehicle inside a fair review time period, you may take back the car. Unfortunately, new cars are oftentimes mechanically enigmatic and you might not know if your car conforms to the consumer agreement till after you buy the car and troubles begin to arise. Therefore, if Long after this review time you don't return the car, you will be said to have o.K.ed it and will have no claim through the UCC.

The length of the inspection time period is not delineated in the regulation. The Courts decide how long the fair inspection period is based on the consumer's proficiency and personal experience, the consumer's difficulty in happening upon the fault, and the consumer's chance to discover the gremlin.

In spite of this limitation, the UCC says that in certain examples where a purchaser is pronounced to have accepted goods (i.e. the fair inspection period has passed), a purchaser can still take back his favorable reception of those products where the non-conformity considerably degrades the value of the products to him. Those examples include instances where it is difficult to expose the nonconformity or the purchaser was told that the non-conformity would be remedied. Re-stated, the local court will exempt the purchaser from not rejecting the products where the purchaser could not have fairly done so, or where the manufacturer promised the buyer that the problems would be repaired.
When a automobile excessively gives out and you have to keep taking it back to the dealership for repair under the warranty, the auto lemon law may be your next course. The problem must be substantive where it hinders your driving the car or your safety. A car stalling perpetually would be a substantive problem. This is exactly the type of defect that may hamper your driving and your safety. Under the automobile lemon law you are not required to demonstrate why the automobile is stalling, you merely have to establish that it is stalling. Put simply you need to check the lemon law in these three instances: the automobile keeps dying within the warranty period, the automobile is a safety hazard, the car dealership is incapable to correct the automobile when it is warranted.

If you have a car which is a lemon you can immediately write to the manufacturer and ask for a replacement car. If this demand is not satisfactory to the manufacturer, you can enter into an arbitration arrangement. A few manufacturers use their own arbitration process. Other manufacturers utilise third party arbitration program including Autoline by the Better Business Bureau. The judgment of the arbitrators is binding on the manufacturer but not on the owner. If unsatisfied with the judgment, the owner can take the manufacturer to court.

Virtually all ordinances provide that the consumer ought to be returned back to the fiscal status they were in before they purchased the motor vehicle, less the measure that the consumer gained from by using the motor vehicle. To get the restitution sum numerous elements are considered such as was it a sale or a lease, the purchase price, taxes and license, and mileage etc.
Some nearly new pre-owned cars might qualify under basic lemon laws. For example, a pre-owned automobile may fall under regular lemon laws if it is less than one year old and has fewer than 12,000 miles on the odometer. States that do have a used automobile lemon law will be more generous with the age and measure of mileage. Still, the car has to be sold by a dealer that offers a warranty. Personal sales aren't included, neither are cars sold under a stated original price paid. There might be other restrictions to a used car lemon law such as the functions in which the motor vehicle is pre-owned or the categorization of motor vehicle. Vintage cars, are normally excluded from pre-owned car lemon laws. Used car lemon laws normally cover a much shorter period than brand new car laws. They oftentimes range from 30 to 90 days, depending on your used car's mileage.
When finding an attorney for your lemon case, make sure that your lawyer is knowledgeable about the regulations that are applicable to your state. Also enquire about the pricing structure. Many lemon law lawyers demand a rather small retainer to manage a lemon law claim, and thereafter, the lawyer's bills are sent to the original maker. Thus, lemon law claims are ordinarily very low-cost to public consumers. The reimbursement of attorney bills differs from state to state. About half of the states permit you to recover your Attorney fees if you win. The attorney's fee is based on actual time expended rather than being bound to any share of the recuperation. In a select few States, you have to pay the manufacturing business* lawyer's bills if you lose.

Consumers should register their concerns in writing and keep a copy. In every written correspondence, always make clear how taxing it is to bring the auto to the dealer for work and that the reliability that the buyer thought He or she was receiving has been non-existent. Any written correspondence with a dealer or original maker should be sent using certified post. In almost all cases the manufacturers claim that they haven't had the essential number of endeavors to remedy the defect. They count on the knowledge that the buyer doesn't have repair receipts for each time they have brought the auto into the authorized repair facility. They also count on the possibility that the repair receipts have seperate items fixed each time establishing that they have not repaired the same condition. Consumers should respond by demanding that dealers always present them a warranty repair ticket. Consumers should also contend that these unrecorded trips are attempts.

Make sure to be aware of your rights under the lemon laws. Upon purchase, immediately read your owner's binder and warranty info entirely, as well as the reference pertaining lemon law rights that you ought to obtain when you buy your car. Don't rely on your dealer to describe what troubles are covered by warranty. If your dealer states that a condition isn't covered and you think that he is purposely deceiving you, be genteel but confident. Don't be frighted to produce the segment of the warranty that is relevant, or to call the manufacturer for verification applying the contact information included in your owner's binder. You should not have to pay for corrections connected to lemon law complaints. It's also important to notify the original producer of a complaint immediately. If you believe that your car has a problem which can't be fixed, check your lemon law rights to see when you are able to submit a lemon law complaint.

Lemon Law Tips:

1. Take your car in early - as soon as something appears wrong.
2. Hold onto repair orders - Always obtain a work order when you take the vehicle for repairs, and always obtain a completed repair order when work is completed. Be sure the work order reflects your own thoughts and comments regarding your complaints. If the technician summarizes or changes your complaint too much, have that technician add your corrected comments. Sign and receive a copy of the repair Order before leaving.
3. Be consistent in your complaints. Lemon Laws generally require that a manufacturer's authorized repair facility be provided with a reasonable number of opportunities to repair the same problem(s). Therefore, be as consistent as possible on each repeated repair attempt in describing the problem(s) you are having. This will establish that the problem is the same recurring problem, and will make any potential lemon law claim easier to establish and prove.

4. Look for TSBs: Technical Service Bulletins are issued by manufacturers regarding common defects or repairs in certain automobile models. Your dealer will not seek to tell you about TSBs unless you ask. Ask the dealer to make note of your TSB request on the repair order, even if your dealer tells you that none exist for your problem.
5. Watch for bad advice - Dealers and manufacturers personnel, without intending to, frequently practice law by giving you their version of lemon laws. Typically it is wrong and may be detrimental to your case. It doesn't matter whether the reason for this misinformation is unintentional or not. The effect is similar. So check any advice given by the dealer or manufacturer before making any decision that may harm your case.

6. Beware of arbitration - Manufacturers frequently recommend arbitration or even imply that it is a mandatory prerequisite to resolving your problem. Arbitration is neither desirable nor mandatory! And it is absolutely not a prerequisite for making a lemon law demand!
Leading Misconceptions regarding the Lemon Laws

If my case does not qualify for the lemon law there is nothing I can do.
Attorneys regularly take cases that do not meet the lemon law criteria. All purchasers of defective products have a legal right to compensation. They frequently take cases which do meet the mileage or repair criteria of the lemon law, bring them in court, and secure compensation or other relief for the buyer.

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