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.

Generally, the Lemon Laws specify that if you purchase (and in most states, lease) a new or used car or other car covered by a manufacturer's warranty that repeatedly breaks down, and the original maker just can not restore it despite persistent efforts (inside a specified time limit that varies from state to state), or if the motor vehicle is not drivable for a set time (generally 30 days) due to its defects, you are entitled to a wide number of breaks, including:

1. Money damage settlements
2. A compensation of your purchase price
3. A new car
Also, just about all the Lemon Laws (and the Federal Warranty Law) incorporate a fee changing mechanism that stipulates that if you win your lawsuit, the manufacturer or dealership that sold you your lemon is forced to pay attorneys' invoices.


Lemon Law Regulations
State Lemon Law Statutes
Each of the 50 states has its own Lemon Law statute. Although the attributes of each state's statute are distinct, the standard state Lemon Law statute offers compensation to a consumer with a dilapidated vehicle sold with a warranty if:

1. The dealership or manufacturer can't properly repair a particular flaw in the product after a fair number of repair efforts (typically at least 3);
2. The vehicle cannot be driven for at least 30 days due to faults in the car; or
3. The car dealership or manufacturer just can not correct a flaw that is a severe safety risk.

Generally, a bad car is a car with a defect or affliction that often cripples its function, value, or safety to the consumer and does not comply with the written warranty. Frequently, the time period during which the Lemon Laws are applicable are rather short; the shortcomings and consequential repair efforts (or out-of-service time) usually will happen during the first 2-years or 24,000 miles the owner has the vehicle. However, a number of states have even shorter periods. In addition, most states have notification and activation prerequisites, such as requiring the consumer to send registered mail notice to the original producer of the shortcomings and establishing the dealership an opportunity to correct the automobile. Furthermore, numerous states require that Lemon Law cases be adjudicated through an arbitration program.

Generally, state Lemon Law regulations also are applicable to leased automobiles and used vehicles bought while under the manufacturing business* basic warranty. A number of state Lemon Laws also are applicable to vehicles other than passenger automobiles. depending upon the customer's home residence, or the state where the consumer bought the vehicle, Lemon Laws may apply to:

-RV's
-Motorcycles
-Boats
-Other consumer goods (such as electronics)
There are many robust remedies available under the Lemon Laws. Often times, if the original producer just can not repair the automobile, the consumer may either demand the original producer to replace the vehicle, or obligate the manufacturer to take the vehicle and payback the price paid together with incidental costs, such as all charges, towing charges, repair costs, associated transportation charges and other costs incurred by the consumer as a consequence of the problems in the vehicle. Another important resolution available under most Lemon Laws is litigation fees. In almost all states, if you win in a Lemon Law suit, you won't have to pay any legal bills-the auto original maker that sold you your lemon is required to pay your legal bills.

The defendant auto original maker can assert assorted defenses to a Lemon Law claim. The average statute extends that the original producer is not liable if it can prove that the defects in question were caused by exploitation, forget about, or the modification or tampering of a motor vehicle by anyone other than the manufacturing business, its agent, or an authorized repair facility. In different words, if the consumer dismantles his or her own automobile, or the defects were the fault of modifications or adjustments performed by a third party, the manufacturing business may not be guilty.


Federal Lemon Law Statutes
The Magnuson Moss Act
The Magnuson-Moss Warranty Act is the federal law that governs consumer product warranties. Ratified by Congress in 1975, the Magnuson Moss Act requires manufacturing business and marketers of consumer products to provide customers detailed info about warranty coverage. Also, it shapes both the rights of consumers and the responsibilities of warrantors under original warranties.

Although the Magnuson Moss Act does not require an auto original maker to supply customers with a warranty, if a warranty is supplied, the Magnuson Moss Act provides various protections for the consumer. The Magnuson Moss Act makes it more easy for buyers to sue for violating the warranty by making breach of warranty an infraction of federal law, and by allowing consumers to recuperate legal costs and sensible attorneys' expenses.

The Magnuson Moss Act is often applicable in a lemon case where, for some reason, a state Lemon Law claim is not possible or moreover unfavorable. For example, unlike the generally short time offered to purchasers with almost all Lemon Laws, you can bring a claim for breach of warranty after the warranty period has expired as long as the problems happened during the warranty time period. In addition, although a few Lemon Laws restrict their coverage benefits to a narrow list of vehicles, the Magnuson Moss Act applies to nearly all consumer products. The Magnuson Moss Act may also apply if you purchased or leased a preowned motor vehicle without a manufacturing business warranty, or if the motor vehicle is covered by a third party service contract or other form of extended warranty.


The Uniform Commercial Code
The Uniform Commercial Code (referred to as "UCC") has been ratified in all 50 U.S. States. It is the main authority of law regulating consumer warranties, including motor vehicles and other items. The UCC offers an alternative legal course for public consumers with lemon troubles.

UCC code provides that the buyer of a product is entitled to return goods that fail in any sense to the contract. Essentially, if your new automobile does not work as guaranteed by the original equipment manufacturer (your written warranty is a portion of your contract), you may file a claim citing the UCC in addition to any other claims you may have.

The period of time for bringing back a vehicle with the UCC is not limitless. If you identify a flaw in your vehicle inside a sensible ownership time period, you can refuse the vehicle. Unfortunately, brand new vehicles can be typically technically complex and you may not acknowledge if your product conforms to the agreement till after you purchase the product and troubles begin to arise. In essence, if After this ownership time period you fail to refuse the product, you will be deemed to have approved of it and may have no claim through the UCC.

The length of the inspection time period is not delineated in the statute. Courts decide how long the fair inspection period is based on the buyer's expertise and experience, the buyer's difficulty in exposing the fault, and the buyer's chance to come upon the gremlin.

In spite of this limit, the UCC stipulates that in certain cases where a purchaser is pronounced to have approved of products (i.e. the fair inspection time has expired), a purchaser may still rescind his favorable reception of those product where the non-conformity largely cripples the economic value of the product to him. Those cases include instances where it proves toilsome to see the nonconformity or the purchaser was told that the non-conformity would be repaired. In other words, the local court will exempt the purchaser from not rejecting the product where the purchaser could not have reasonably done so, or where the manufacturer promised the buyer that the problems would be repaired.
Once a car excessively breaks down and you have to keep bringing it back to the dealer for repair under the warranty, the vehicle lemon law can be your next recourse. The failing ought to be significant where it hampers your driving the product or your safety. A product stalling often is a significant failing. This is precisely the type of defect that can hinder your driving and your safety. Under the vehicle lemon law you are not obliged to demonstrate why the automobile is stalling, you only have to demonstrate that it is stalling. Essentially you need to check out the lemon law in these three examples: the automobile keeps breaking down inside the warranty time period, the automobile is a safety risk, the car dealership is incapable to rebuild the automobile when it is guaranteed.

If you have a product which is a lemon you can directly write to the original maker and ask for another equivalent product. If this demand is not satisfactory to the original maker, you could start into an arbitration process. A few manufacturing business* incorporate their own arbitration program. Other manufacturing business* employ outside arbitration program like Autoline by the BBB. The recommendation of the arbitrators is binding on the original maker but not on the purchaser. If unsatisfied with the proposition, the purchaser can take the original maker to court.

Virtually all regulations state that the owner must be returned back to the financial status they were in prior to purchasing the automobile, less the sum that the owner benefited from by using the automobile. To get the repayment sum various elements are considered such as was it a sale or a lease, the purchase price, taxes and license, and mileage etc.
Some virtually new used automobiles might qualify under basic lemon laws. For example, a pre-owned automobile may fall under normal lemon laws if it is less than 1 year old and has got fewer than 12,000 miles on the odometer. States that do have a used car lemon law might be additionally accommodative with the age and measure of mileage. Still, the car must be sold by a dealership that offers a warranty. Individual sales aren't included, nor are motor vehicles sold under a stated purchase price. There may be other restrictions to a used car lemon law such as the purposes in which the automobile is used or the categorisation of automobile. Older motor vehicles, are commonly excluded from used car lemon laws. Used car lemon laws normally cover a much shorter time period than new car ordinances. They usually range from 30 to 90 days, depending on your used automobile's mileage.
When picking out an attorney for your lemon case, make sure that your lawyer is knowledgeable about the ordinances that are applicable to your state. Also enquire about the fee system. Many lemon law attorneys take a rather minor retainer to handle a lemon law claim, and subsequently, the attorney's bills are charged to the maker. Thus, lemon law claims are typically very low-cost to customers. The reimbursement of attorney invoices varies from state to state. About half of the states permit you to recover your Lawyer charges if you win. The attorney's fee is based upon actual time used rather than being tied to any other portion of the recovery. In many States, you will pay the manufacturing business* lawyer's charges if you lose.

Consumers ought to record their charges in writing and save a copy. In every written communication, always make clear how difficult it is to take the auto to the car dealership for work and that the dependability that the consumer thought He was purchasing has been non-existent. Any written communication with a dealership or maker needs to be sent using certified postal service. In many instances the manufacturing business* claim that they haven't had the necessary number of tries to fix the condition. They depend on the reality that the consumer doesn't retain repair receipts for each occurance they have taken the vehicle into the authorized repair facility. They also assume on the possibility that the repair receipts have seperate parts fixed every instance establishing that they haven't repaired the same defect. Consumers should respond by requiring that authorized dealerships always present them a warranty repair ticket. Consumers ought to also argue that these unwritten visits are tries.

Make sure to be mindful of your rights under the lemon laws. Upon purchase, immediately read your owner's manual and warranty principles thoroughly, and the reference on lemon law rights that you ought to get when you buy your vehicle. Don't count on your dealership to make clear what problems are covered by warranty. If your dealership states that a defect is not covered and you think that she is decieving you, be genteel but surefooted. Don't be scared to point out the segment of the warranty that applies, or to call the manufacturer for substantiation utilizing the contact information included inside your owner's manual. You should not be obligated pay for work linked to lemon law complaints. It's also essential to give notice the manufacturer of a complaint as soon as possible. If you suspect that your vehicle has a condition what just can't be fixed, check out 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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