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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.

Basically, the Lemon Laws stipulate that if you purchase (and in several states, lease) a new or pre-owned vehicle or other car with a manufacturer's warranty that does not work consistently, and the manufacturer just can't recondition it in spite of repeated tries (inside a stipulated time that varies from state to state), or if the product is not usable for a limited time period (usually 30 days) because of its problems, you are qualified to a wide range of maltreats, including:

1. Money damages
2. A return of the original money paid
3. A brand new vehicle
Furthermore, virtually all of the Lemon Laws (as well as the Federal Warranty Law) feature a fee switching element which says that if you win your case, the manufacturer or dealer that sold you your lemon is expected to repay you for litigation invoices.


Lemon Law Statutes
State-specific Lemon Law Regulations
Each of the 50 states has its own Lemon Law statute. Even though the wording of each state's statute are different, the conventional state Lemon Law statute provides aid to a consumer with a dilapidated vehicle sold with a warranty if:

1. The car dealership or manufacturer just can't legitimately remedy a particular defect in the automobile after a fair number of repair efforts (usually at least 3);
2. The automobile can't be driven for at least 30 days due to flaws in the car; or
3. The car dealership or manufacturer can't repair a deficiency that is a important safety risk.

Usually, a defective automobile is a automobile with a defect or trouble that often degrades its drivability, economic value, or safety to the consumer and doesn't conform to the warranty. Often times, the time period in which the Lemon Laws are applicable are relatively short; the faults and resulting repair attempts (or out-of-service period of time) usually will take place during the first two-years or 24,000 miles in which the purchaser owns the motor vehicle. However, a number of states have even shorter periods. In addition, many states have notice and trigger requirements, such as requiring the consumer to send out registered mail notice to the manufacturing business of the flaws and presenting the car dealership an option to correct the motor vehicle. Moreover, most states demand that Lemon Law claims be resolved through an arbitration procedure.

Generally, state Lemon Law ordinances also are applicable to leased automobiles and preowned automobiles bought whilst under the producers written warranty. A good number of state Lemon Laws also apply to vehicles other than passenger cars. depending upon the customer's home residence, or the state where the consumer bought the car, Lemon Laws may be applicable to:

-RV's
-Motorcycles
-Pleasure Boats
-Other consumer items (such as televisions)
There are a number of effective remedies available under the Lemon Laws. States most instances, if the manufacturing business cannot fix the motor vehicle, the consumer may either demand the manufacturing business to replace the automobile, or demand the manufacturing business to take back the automobile and payback the price paid together with incidental costs, such as all invoices, towing fees, repair costs, alternative travel charges and other costs incurred by the consumer as a consequence of the flaws in the automobile. Another important relief available under most Lemon Laws is laywers' expenses. In almost all states, if you win in a Lemon Law case, you won't have to pay any litigation fees-the motor vehicle original producer that sold you your lemon is obligated to pay your legal fees.

The defendant motor vehicle manufacturer can employ various defenses to a Lemon Law claim. The typical statute extends that the original producer is not liable if it can verify that the shortcomings in question were caused by maltreatment, disregard, or the tampering or modification of a vehicle by persons other than the maker, an agent, or an authorized dealer. In different words, if the consumer breaks his or her own car, or the troubles were the fault of changing or alterations executed by an unauthorized person, the maker could not be liable.


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 makers and vendors of consumer products to provide consumers comprehensive information about warranty coverage benefits. Additionally, it sets both the rights of consumers and the responsibilities of warrantors under written warranties.

Although the Magnuson Moss Act does not require an motor vehicle manufacturing business to provide purchasers with a warranty, if a warranty is supplied, the Magnuson Moss Act provides many protections for the consumer. The Magnuson Moss Act makes it easier for buyers to sue for breach of warranty by making breach of warranty a violation of federal law, and by allowing for public consumers to recuperate legal charges and sensible laywers' fees.

The Magnuson Moss Act is often applicable in a lemon suit in which, for some reason, a state Lemon Law claim is unavailable or furthermore unfavorable. For example, unlike the relatively short time offered to public consumers with many Lemon Laws, you may record a claim for breach of warranty after the warranty period has expired as long as the problems came about during the warranty time period. In addition, although a few Lemon Laws restrict their coverage to a small group of motor vehicles, the Magnuson Moss Act applies to almost all consumer goods. The Magnuson Moss Act could also apply if you bought or leased a expended automobile without a manufacturer's warranty, or if the automobile is covered by a service contract or other variety of extended warranty.


The Uniform Commercial Code
The Uniform Commercial Code (referred to as "UCC") has been enacted in all states. It is the principal foundation of law governing product contracts, including motor vehicles and other items. The UCC provides another legal avenue for public consumers with lemon troubles.

UCC code provides that the consumer of a product is entitled to return merchandise which fail in any feature to the contract. Basically, if your recently purchased motor vehicle does not operate as warranted by the original equipment manufacturer (your written warranty is a portion of your warranty), you may have a claim citing the UCC in addition to any additional claims you may have.

The period of time for bringing back a motor vehicle with the UCC is not unlimited. If you expose a failing in your motor vehicle inside a sensible review time period, you may refuse the motor vehicle. Unfortunately, brand new automobiles are frequently mechanically complex and you might not know whether your motor vehicle conforms to the contract until long after you buy the motor vehicle and problems start to come up. In essence, if Long after this review period you don't reject the motor vehicle, you will be deemed to have o.K.ed it and might have no claim through the UCC.

The length of the review period is not specified in the regulation. Courts decide how long the reasonable review period is based on the consumer's knowledge and experience, the consumer's trouble in noticing the defect, and the consumer's opportunity to come across the flaw.

In spite of this restriction, the UCC states that in certain instances where a consumer is deemed to have approved of goods (i.e. the reasonable review time period has expired), a consumer may still revoke his acceptation of those goods where the non-conformity considerably impares the value of the goods to him. Those examples include circumstances where it proves burdensome to identify the nonconformity or the consumer was promised that the non-conformity would be fixed. Re-stated, the court will relieve the consumer from not having rejected the goods where the consumer could not have fairly done so, or where the manufacturer promised the buyer that the problems would be repaired.
When a auto excessively fails and you have to keep taking it back to the car dealership for repair under the warranty, the vehicle lemon law may be your next refuge. The failing should be substantive in which it hampers your driving the car or your safety. A car stalling frequently is a substantive failing. This is exactly the type of problem that may hamper your driving and your safety. Under the car lemon law you are not obliged to show why the vehicle is stalling, you only have to show that it is stalling. Thus you need to check up on the lemon law in these 3 cases: the vehicle keeps failing within the warranty period, the vehicle is a safety risk, the car dealership is unable to rebuild the vehicle when it is warranted.

If you have a car which is a lemon you can directly write to the maker and ask for another equivalent car. If this demand is not acceptable to the maker, you can start into an arbitration arrangement. A few makers use their own arbitration program. Other makers utilise external arbitration program including Autoline by the Better Business Bureau. The judgment of the arbitrators is binding on the maker but not on the owner. If unsatisfied with the opinion, the owner can take the maker to court.

Virtually all ordinances state that the buyer needs to be returned back to the fiscal position they were in before they purchased the car, less the sum that the buyer profited from by using the car. To get the payback total various factors are considered such as was it a sale or a lease, the purchase price, taxes and license, and mileage etc.
Some nearly new used automobiles will qualify under basic lemon laws. For example, a pre-owned vehicle may fall under regular lemon laws if it is less than 1 year old and has got fewer than 12,000 miles on the odometer. States which do have a used vehicle lemon law will be extra accommodative with the age and amount of mileage. Still, the car needs to be sold by a car dealership that offers a warranty. Private sales are not regulated, neither are automobiles sold under a declared price paid. There may be additional restrictions to a used car lemon law such as the proposes in which the car is driven or the categorisation of car. Classic motor vehicles, are commonly excluded from used car lemon laws. Used car lemon laws commonly cover a much shorter time period than new car laws. They often range from 30 to 90 days, based on your used vehicle's mileage.
When picking out an attorney for your lemon case, make sure that your lawyer is knowledgeable about the regulations that cover to your state. Also enquire about the fee system. Many lemon law attorneys demand a generally small retainer to manage a lemon law claim, and thereafter, the attorney's fees are billed to the manufacturer. In essence, lemon law claims are generally very inexpensive to public consumers. The reimbursement of attorney expenses varies from state to state. About one-half of the states permit you to recover your Attorney charges if you win. The attorney's fee is based on actual time used rather than being bound to any other percentage of the recuperation. In some States, you will pay the manufacturer's lawyer's invoices if you lose.

Consumers ought to record their complaints in writing and hold a copy. In all written communication, always make clear how taxing it is to bring the vehicle to the dealership for repairs and that the reliability that the owner thought He was acquiring has been non-existent. Any written communication with a dealership or manufacturer should be sent using certified mail. In virtually all claims the makers claim that they haven't had the essential number of efforts to correct the defect. They assume on the reality that the owner doesn't keep repair receipts for each occurance they have taken the motor vehicle into the authorized repair facility. They also count on the possibility that the repair receipts have different items fixed each instance evidencing that they haven't repaired the same defect. Consumers ought to respond by asking that dealers always present them a warranty repair ticket. Consumers must also contend that these unwritten visits are efforts.

Make sure to be mindful of your rights under the lemon laws. Upon purchase, immediately page through your owner's book and warranty references completely, along with the facts on lemon law rights which you ought to get when you acquire your motor vehicle. Don't rely on your dealership to make clear what troubles are covered by warranty. If your dealership states that a defect isn't covered and you think that he or she is purposely deceiving you, be genteel but self-assertive. Don't be scared to point out the segment of the warranty that is relevant, or to call the original producer for confirmation utilizing the contact references included within your owner's book. You should not be obligated pay for corrections pertained to lemon law complaints. It's also necessary to advise the original producer of a complaint immediately. If you think that your vehicle has a defect 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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