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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.

Put simply, the Lemon Laws provide that if you purchase (and in several states, lease) a brand new or pre-owned car or other car with a warranty that is defective, and the manufacturing business can't fix it in spite of consecutive attempts (within a stipulated time limit that fluctuates from state to state), or if the item is not usable for a limited period (typically 30 days) due to its faults, you are eligible to a wide number of maltreats, including:

1. Monetary restitution
2. A return of the purchase cost
3. A brand new vehicle
Furthermore, virtually all of the Lemon Laws (as well as the Federal Warranty Law) contain a fee switching mechanism which provides that if you win your lawsuit, the original maker or car dealership which sold you the lemon is obliged to repay you for court expenses.


Lemon Law Regulations
State-specific Lemon Law Statutes
Each of the 50 states has its own Lemon Law statute. Although the wording of each state's statute are different, the conventional state Lemon Law statute offers help to a consumer with a unsound automobile sold with a warranty if:

1. The dealership or original maker can't rightly fix a particular fault in the car after a fair number of repair efforts (generally at least three);
2. The vehicle can't be used for at least 30 days due to defects in the motor vehicle; or
3. The dealership or original maker cannot repair a problem that is a vital safety risk.

Generally, a bad automobile is a automobile with a problem or condition that considerably degrades its use, marketability, or safety to the consumer and doesn't maintain the standard of the warranty. In most instances, the period in which the Lemon Laws are applicable are rather short; the shortcomings and ensuing repair attempts (or out-of-service time period) typically must happen during the first 2-years or 24,000 miles in which the purchaser owns the car. However, a number of states have even shorter time periods. Additionally, almost all states have notification and initiation prerequisites, such as wanting the consumer to send out registered post notice to the original equipment manufacturer of the faults and affording the dealership an opportunity to fix the vehicle. Moreover, various states necessitate that Lemon Law claims be settled through an arbitration proceeding.

Generally, state Lemon Law regulations also are applicable to leased automobiles and preowned vehicles purchased whilst under the manufacturer's factory warranty. A number of state Lemon Laws also apply to cars other than passenger vehicles. depending on the consumer's home state, or the state where the consumer purchased the car, Lemon Laws may be applicable to:

-RV's
-Motorcycles
-Pleasure Craft
-Other consumer items (such as computers)
There are a number of powerful remedies available under the Lemon Laws. U.S. statesten times, if the original equipment manufacturer cannot fix the car, the consumer can either expect the original equipment manufacturer to replace the car, or make the original equipment manufacturer to reposess the vehicle and return the original price paid including incidental damages, such as all bills, towing charges, repair charges, alternative travel costs and other damages incurred by the consumer as a consequence of the shortcomings in the vehicle. Another important relief available under most Lemon Laws is attorneys' fees. In virtually all states, if you win in a Lemon Law case, you do not have to pay any legal fees-the car original producer that sold you your lemon is expected to pay your legal fees.

The defendant car manufacturer can utilize assorted defenses to a Lemon Law claim. The conventional regulation extends that the maker is not responsible if it can affirm that the troubles in dispute came about because of maltreatment, carelessness, or the modification or alteration of a vehicle by persons other than the original producer, an agent, or an authorized repair facility. Restated, if the consumer dismantles his or her own automobile, or the faults were the fault of modifications or adjustments executed by a third party, the original producer might not be guilty.


Federal Lemon Law Statutes
The Magnuson Moss Act
The Magnuson-Moss Warranty Act is the federal law that moderates consumer merchandise warranties. Approved by Congress in 1975, the Magnuson Moss Act requires manufacturing business and dealers of consumer commodities to provide consumers comprehensive info about warranty coverage. Also, it affects both the rights of public consumers and the responsibilities of warrantors under written warranties.

Although the Magnuson Moss Act does not require an automobile original producer to supply consumers with a warranty, if a warranty is offered, the Magnuson Moss Act affords various protections for the consumer. The Magnuson Moss Act makes it easier for consumers to sue for violating the warranty by making breach of warranty a violation of federal law, and by allowing customers to recover court charges and reasonable laywers' fees.

The Magnuson Moss Act is often valuable in a lemon case where, for some reason, a state Lemon Law claim is not available or moreover disadvantageous. For example, divaricate from the relatively short cycle offered to consumers inside almost all Lemon Laws, you could register a claim for breach of warranty after the warranty period has expired if the problems came about during the warranty time period. Also, although some Lemon Laws limit their coverage to a very specific group of cars, the Magnuson Moss Act applies to virtually all consumer products. The Magnuson Moss Act might also apply if you bought or leased a preowned automobile without a manufacturing business warranty, or if the automobile is covered by a service contract or other type of extended warranty.


The Uniform Commercial Code
The Uniform Commercial Code (referred to as "UCC") has been passed in all states. It is the foundational agent of law regulating consumer warranties, including motor vehicles and other items. The UCC affords a legal channel for consumers with lemon problems.

UCC code provides that the consumer of a good is entitled to return product which fail in any sense to the agreement. Fundamentally, if your brand new automobile does not function as guaranteed by the maker (your original warranty is part of your consumer agreement), you can have a claim citing the UCC in addition to any other claims you may have.

The period of time for bringing back a car with the UCC is not limitless. If you see a problem in your motor vehicle inside a sensible inspection time period, you can return the motor vehicle. Unfortunately, new motor vehicles can be often mechanically complex and you may not notice whether your car conforms to the warranty until after you purchase the car and problems begin to arise. Essentially, if Following this inspection time period you fail to take back the car, you will be pronounced to have o.K.ed it and might have no claim through the UCC.

The length of the inspection time period is not defined in the statute. The Courts decide how long the reasonable inspection period is based on the buyer's proficiency and experience, the buyer's trouble in coming upon the problem, and the buyer's chance to reveal the failing.

In spite of this restriction, the UCC states that in certain examples where a consumer is said to have accepted products (i.e. the reasonable inspection time period has elapsed), a consumer may still take back his acceptance of those products where the non-conformity often impares the economic value of the products to him. Those instances include circumstances where it is burdensome to notice the nonconformity or the consumer was assured that the non-conformity would be fixed. In other words, the local court will pardon the consumer from not having rejected the products where the consumer could not have reasonably done so, or where the manufacturer promised the buyer that the problems would be repaired.
When a motor vehicle excessively fails and you have to keep bringing it back to the car dealership for repair under the warranty, the motor vehicle lemon law might be your next course. The problem must be substantive where it hinders your driving the automobile or your safety. A automobile stalling frequently would be a substantive problem. This is exactly the type of defect that can diminiah your driving and your safety. Under the motor vehicle lemon law you are not obligated to establish why the automobile is stalling, you just have to demonstrate that it is stalling. Put simply you need to check the lemon law in these 3 examples: the automobile keeps breaking inside the warranty period, the automobile is a safety risk, the car dealership is not able to restore the automobile when it is warranted.

If you own a motor vehicle which is a lemon you can immediately write to the original producer and ask for a replacement motor vehicle. If this demand is not satisfactory to the original producer, you can start into an arbitration arrangement. A few makers use their own arbitration program. Other makers have external arbitration program including Autoline by the BBB. The judgment of the arbitrators is binding on the original producer but not on the owner. If unsatisfied with the judgment, the owner can take the original producer to court.

Virtually all regulations stipulate that the purchaser must be returned back to the financial situation they were in prior to purchasing the vehicle, less the measure that the purchaser benefited from by using the vehicle. To get the refund amount many elements are considered such as was it a sale or a lease, the purchase price, taxes and license, and mileage etc.
Some nearly new used vehicles might qualify under regular lemon laws. For example, a pre-owned automobile might fall under regular lemon laws if it is less than 1 year old and has fewer than 12,000 miles on the odometer. States which do have a used car lemon law will be more cooperative with the age and amount of mileage. Still, the car has to be sold by a dealership that extends a written warranty. Private party sales aren't involved, nor are automobiles sold under a declared purchase price. There may be other restrictions to a used car lemon law such as the proposes in which the vehicle is driven or the categorization of vehicle. Vintage motor vehicles, are commonly excluded from pre-owned car lemon laws. Used car lemon laws ordinarily cover a much shorter time period than brand new car ordinances. They often range from 30 to 90 days, depending on your used car's mileage.
When selecting 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 take a rather minor retainer to handle a lemon law claim, and subsequently, the attorney's fees are sent to the original maker. Essentially, lemon law claims are normally very low-cost to customers. The reimbursement of lawyer bills varies from state to state. About one-half of the states permit you to recover your Lawyer charges if you win. The attorney's fee is based upon actual time logged instead of being bound to any percentage of the recovery. In some States, you have to pay the manufacturing business* attorney's bills if you lose.

Consumers should register their concerns in writing and keep a copy. In every written communication, always delineate how burdensome it is to take the auto to the dealer for corrections and that the reliability that the buyer believed She was acquiring has been non-existent. Any written communication with a car dealership or original maker must be sent using certified post. In virtually all suits the makers claim that they have not had the essential number of tries to repair the condition. They rely on the knowledge that the buyer doesn't file repair receipts for each instance they have driven the automobile into the authorized repair facility. They also count on the possibility that the repair receipts have seperate things repaired each occurance proving that they haven't repaired the same condition. Consumers should respond by requiring that dealerships always grant them a warranty repair ticket. Consumers must also debate that these unrecorded visits are tries.

Make sure to be aware of your rights under the lemon laws. Upon purchase, immediately read your owner's folder and warranty references completely, along with the facts on lemon law rights that you ought to get when you buy your car. Don't count on your car dealership to explain what defects are covered by warranty. If your car dealership states that a condition is not covered and you think that she is decieving you, be composed but confident. Don't be scared to point out the segment of the warranty that is relevant, or to call the original equipment manufacturer for confirmation utilizing the contact info included with your owner's folder. You shouldn't be obligated pay for work linked to lemon law complaints. It's also crucial to advise the original equipment manufacturer of a complaint immediately. If you suspect that your automobile has a condition what just can't be remedied, check your lemon law rights to see when you are able to bring 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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