Utah Lemon Law Firms and the Utah lemon law code.

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 buy (and in many states, lease) a new or used car or other car under warranty that does not work as intended, and the manufacturer just can not correct it even with recurring tries (within a limited time limit that varies from state to state), or if the car is out of service for a fixed time (often 30 days) due to its faults, you are entitled to a wide number of costs, inclusive of:

1. Monetary restitution
2. A refund of the purchase cost
3. A new automobile
Also, nearly all of the Lemon Laws (as well as the Federal Warranty Law) feature a fee switching element which says that if you win your lawsuit, the manufacturer or dealer which sold you your lemon is obliged to pay for litigation fees.


Lemon Law Regulations
State Lemon Law Statutes
Each of the 50 states has its own Lemon Law statute. Even though the wording of each state's statute differ, the general state Lemon Law statute extends relief to a consumer with a nonfunctional auto purchased with a warranty if:

1. The dealer or manufacturer just can't actually fix a particular flaw in the automobile after a sensible number of repair attempts (ordinarily at least three);
2. The vehicle cannot be used for at least 30 days due to flaws in the vehicle; or
3. The dealer or manufacturer can't fix a flaw that is a crucial safety risk.

Most of the time, a bad car is a car with a condition or trouble that frequently impares its use, value, or safety to the consumer and doesn't conform to the written warranty. Often times, the time period in which the Lemon Laws are applicable are relatively short; the defects and consequential repair attempts (or out-of-service time period) occasionally will take place during the first two-years or 24,000 miles the owner has the motor vehicle. However, a number of states have even shorter periods. Furthermore, virtually all states have notice and initiation requirements, such as requiring the consumer to send registered post notice to the original maker of the problems and establishing the dealer an option to correct the motor vehicle. Additionally, most states require that Lemon Law suits be resolved through an arbitration procedure.

Generally, state Lemon Law regulation codes also apply to leased automobiles and preowned vehicles purchased while under the manufacturing business* written warranty. A good number of state Lemon Laws also are applicable to vehicles other than passenger automobiles. depending upon the buyer's state of residence, or the state where the consumer bought the car, Lemon Laws may be applicable to:

-RV's
-Motorcycles
-Pleasure Craft
-Other consumer items (like televisions)
There are a number of robust solutions possible under the Lemon Laws. American States most instances, if the original maker just can't correct the motor vehicle, the consumer can either call for the original maker to replace the vehicle, or make the original maker to reposess the vehicle and repay the original price paid along with incidental costs, including all bills, towing costs, repair charges, associated travel costs and other costs incurred by the consumer as a consequence of the problems in the vehicle. Another important relief available under most Lemon Laws is attorneys' fees. In almost all states, if you win in a Lemon Law suit, you do not have to pay any litigation expenses-the car manufacturing business that sold you your lemon is forced to pay for your attorneys' fees.

The defendant automobile original equipment manufacturer can use assorted defenses to a Lemon Law claim. The general regulation extends that the manufacturing business is not guilty if it can affirm that the problems in question persisted due to misdeed, disregard, or the modification or alteration of a motor vehicle by somone other than the manufacturer, its agent, or an authorized repair facility. In other words, if the consumer dismantles his or her own car, or the flaws were a consequence of changing or alterations performed by an unauthorized person, the manufacturer could not be guilty.


Federal Lemon Law Statutes
The Magnuson Moss Act
The Magnuson-Moss Warranty Act is the federal law that moderates consumer goods warranties. Passed by Congress in 1975, the Magnuson Moss Act requires manufacturers and vendors of consumer commodities to provide consumers with itemized information about warranty coverage claims. Also, it affects both the rights of consumers and the obligations of warrantors under manufacturer warranties.

Although the Magnuson Moss Act does not call for an vehicle manufacturing business to furnish purchasers with a warranty, if a warranty is offered, the Magnuson Moss Act offers various protections for the consumer. The Magnuson Moss Act makes it more easy for purchasers to sue for breaking the warranty by making breach of warranty an infraction of federal law, and by allowing consumers to recover litigation costs and reasonable laywers' expenses.

The Magnuson Moss Act is frequently helpful in a lemon suit in which, for some reason, a state Lemon Law claim is unavailable or furthermore unsuited. For example, divaricate from the generally short period offered to consumers within most Lemon Laws, you could bring a claim for breach of warranty after the warranty period has expired as long as the troubles happened during the warranty time period. Moreover, although some Lemon Laws limit their coverage to a very specific number of automobiles, the Magnuson Moss Act applies to nearly all consumer items. The Magnuson Moss Act could also be applicable if you bought or leased a used car without a manufacturer's warranty, or if the car is covered by a third party contract or other variant of extended warranty.


The Uniform Commercial Code
The Uniform Commercial Code (referred to as "UCC") has been enacted in every state. It is the main authority of law governing consumer warranties, including motor vehicles and other items. The UCC provides another legal route for customers with lemon problems.

UCC code stipulates that the purchaser of a product is entitled to return product which do not perform in any sense to the warranty. Essentially, if your new automobile doesn't operate as established by the manufacturer (your written warranty is a portion of your contract), you may have a claim referencing the UCC in addition to any additional claims you may have.

The time for taking back a car with the UCC is not limitless. If you see a flaw in your motor vehicle within a fair inspection time period, you may refuse the vehicle. Unfortunately, brand new motor vehicles are often mechanically complex and you might not acknowledge if your item conforms to the agreement till after you acquire the item and defects begin to come up. Basically, if After this inspection time period you don't return the item, you will be stated to have approved of it and may have no claim through the UCC.

The length of the review period is not outlined in the statute. State courts decide how long the sensible inspection period is based on the consumer's knowledge and personal experience, the consumer's difficulty in finding the deficiency, and the consumer's chance to come across the defect.

In spite of this limitation, the UCC stipulates that in certain examples where a buyer is stated to have accepted products (i.e. the sensible inspection period has elapsed), a buyer can still revoke his approval of those goods where the non-conformity often impares the economic value of the goods to him. Those cases include circumstances where it proves hard to discover the nonconformity or the buyer was guaranteed that the non-conformity would be fixed. In different words, the local court will relieve the buyer from not having rejected the goods where the buyer could not have reasonably done so, or where the manufacturer promised the buyer that the problems would be repaired.
When a auto excessively gives out and you have to keep taking it back to the car dealership for repair under the warranty, the vehicle lemon law might be your next refuge. The fault must be substantive where it hinders your driving the car or your safety. A car stalling for no reason is a substantive fault. This is precisely the type of problem that may diminiah your driving and your safety. Under the vehicle lemon law you are not obliged to establish why the motor vehicle is stalling, you just have to show clearly that it is stalling. In essence you need to check out the lemon law in these 3 instances: the motor vehicle keeps breaking within the warranty time period, the motor vehicle is a safety risk, the dealership is incapable to restore the motor vehicle when it is guaranteed.

If you have a product which is a lemon you can directly write to the manufacturer and ask for another equivalent product. If this demand is not acceptable to the manufacturer, you could enter into an arbitration arrangement. A few manufacturers use their own arbitration process. Other manufacturers employ external arbitration program like Autoline by the Better Business Bureau. The proposition of the arbitrators is binding on the manufacturer but not on the purchaser. If unsatisfied with the assessment, the purchaser can take the manufacturer to court.

Virtually all regulations stipulate that the purchaser needs to be restored back to the fiscal position they were in before they purchased the motor vehicle, less the amount of money that the purchaser benefited from by using the motor vehicle. To get the compensation sum many components 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 may qualify under basic lemon laws. For example, a pre-owned motor vehicle may fall under normal lemon laws if it is less than a year old and has less than 12,000 miles on the odometer. States which do have a used car lemon law may be additionally generous with the age and amount of mileage. Still, the car needs to be sold by a dealership that offers a written warranty. Private sales aren't involved, nor are automobiles sold under a declared price paid. There might be other restrictions to a used car lemon law such as the functions in which the motor vehicle is used or the categorization of motor vehicle. Vintage automobiles, are normally excluded from used car lemon laws. Used car lemon laws normally cover a much shorter period of time than brand new car regulations. They usually range from 30 to 90 days, depending on your pre-owned automobile's mileage.
When selecting an attorney for your lemon case, make sure that your lawyer is knowledgeable about the ordinances that cover to your state. Also enquire about the pricing system. Many lemon law attorneys get a rather minor retainer to cover a lemon law claim, and subsequently, the attorney's invoices are sent to the original producer. Basically, lemon law claims are oftentimes very low-cost to purchasers. The reimbursement of lawyer invoices varies from state to state. About one-half of the states provide for you to recoup your Lawyer charges if you win. The lawyer's fee is based upon actual time used instead of being connected to any other percentage of the recovery. In some States, you will pay the manufacturing business* attorney's bills if you lose.

Consumers should put their charges in writing and keep a copy. In all written correspondence, always make clear how problematic it is to bring the car to the dealer for repairs and that the reliability that the buyer believed He or she was getting has been non-existent. Any written correspondence with a dealership or manufacturer must be sent using certified mail service. In virtually all lawsuits the manufacturers claim that they haven't had the necessary number of tries to correct the condition. They bet on the fact that the buyer does not have repair orders for each time they have brought the motor vehicle into the repair facility. They also bet on the fact that the repair orders have seperate things repaired every occurance showing that they have not fixed the same defect. Consumers should respond by asking that authorized dealerships always send them a warranty repair ticket. Consumers must also reason that these undocumented visits are attempts.

Make sure to be cognisant of your rights under the lemon laws. Upon purchase, immediately page through your owner's manual and warranty information thoroughly, as well as the information pertaining lemon law rights that you should obtain when you purchase your car. Don't count on your dealer to teach you what troubles are covered by warranty. If your dealer states that a defect isn't covered and you believe that he or she is purposely misleading you, be calm but self-assertive. Don't be afraid to point out the segment of the warranty that is relevant, or to call the manufacturer for substantiation using the contact references included inside your owner's manual. You should not have to pay for corrections related to lemon law complaints. It's also crucial to advise the manufacturer of a complaint straightaway. If you are suspicious that your automobile has a defect that just can not be fixed, check your lemon law rights to see when you are able to file 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.

Utah Lemon Law Firms:

Utah Cities:
Choose your City/Zipcode