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.

Fundamentally, the Lemon Laws specify that if you acquire (and in many states, lease) a new or used vehicle or other vehicle with a manufacturer's warranty that is defective, and the manufacturing business can't restore it despite persistent efforts (in a fixed time that varies from state to state), or if the motor vehicle is out of service for a defined time (typically 30 days) due to its problems, you are eligible to a broad number of maltreats, including:

1. Money damages
2. A return of the original money paid
3. A new automobile
Also, nearly all the Lemon Laws (as well as the Federal Warranty Law) feature a fee switching component which stipulates that if you win your case, the manufacturer or car dealership which sold you your lemon is required to repay litigation fees.


Lemon Law Statutes
State Lemon Law Regulations
Each of the 50 states has a unique Lemon Law statute. Even though the wording of each state's statute differ, the typical state Lemon Law statute affords cure for owners with a unsound auto sold with a warranty if:

1. The car dealership or original equipment manufacturer cannot reliably remedy a specific gremlin in the item after a fair number of repair efforts (generally at least 3);
2. The motor vehicle can't be used for at least 30 days due to troubles in the car; or
3. The car dealership or original equipment manufacturer just can't fix a failing that is a significant safety hazard.

In general, a bad motor vehicle is a motor vehicle with a defect or condition that considerably impairs its drivability, value, or safety to the consumer and doesn't maintain the standard of the warranty. Typically, the period of time during which the Lemon Laws are applicable are rather short; the shortcomings and consequential repair attempts (or out-of-service time) typically will occur during the first two-years or 24,000 miles the owner has the automobile. However, a number of states have even shorter periods. Furthermore, most states have notification and trigger prerequisites, such as requiring the consumer to send registered post notice to the original producer of the shortcomings and presenting the car dealership an opportunity to fix the motor vehicle. Additionally, numerous states demand that Lemon Law cases be solved through an arbitration procedure.

Generally, state Lemon Law statues also are applicable to leased automobiles and preowned vehicles bought while under the manufacturer's original warranty. A good number of state Lemon Laws also are applicable to vehicles other than passenger automobiles. depending on the customer's home residence, or the state in which the consumer purchased the car, Lemon Laws may apply to:

-RV's
-Motorcycles
-Pleasure Craft
-Other consumer items (such as electronics)
There are many effective resolutions possible under the Lemon Laws. US Statesally, if the original producer cannot correct the vehicle, the consumer may either call for the original producer to replace the automobile, or demand the original producer to take back the automobile and payback the purchase price together with incidental costs, including all invoices, towing charges, repair charges, associated travel costs and other damages incurred by the consumer as a result of the flaws in the automobile. Another important resolution possible under most Lemon Laws is legal expenses. In most states, if you win in a Lemon Law suit, you won't have to pay any attorneys' fees-the car manufacturer that sold you your lemon is obligated to pay for your litigation charges.

The defendant car original equipment manufacturer can implement many defenses to a Lemon Law claim. The average regulation affords that the manufacturer is not liable if it can prove that the defects at issue persisted due to misdeed, carelessness, or the alteration or modification of a vehicle by persons other than the original equipment manufacturer, an agent, or an authorized repair facility. Restated, if the consumer dismantles his or her own car, or the troubles were caused by changing or adjustments performed by an unauthorized person, the original equipment manufacturer could not be liable.


Federal Lemon Law Statutes
The Magnuson Moss Act
The Magnuson-Moss Warranty Act is the federal law that moderates consumer product warranties. Ratified by Congress in 1975, the Magnuson Moss Act requires manufacturers and dealers of consumer items to give customers detailed information about warranty coverage. Also, it determines both the rights of consumers and the responsibilities of warrantors under written warranties.

Although the Magnuson Moss Act doesn't call for an motor vehicle original equipment manufacturer to supply consumers with a warranty, if a warranty is supplied, the Magnuson Moss Act provides a number of protections for the consumer. The Magnuson Moss Act makes it easier for consumers to sue for breach of warranty by making breach of warranty a violation of federal law, and by allowing for public consumers to recuperate litigation charges and reasonable laywers' fees.

The Magnuson Moss Act is oftentimes applicable in a lemon lawsuit where, for some reason, a state Lemon Law claim is not possible or moreover unfavorable. For instance, unlike the relatively short time period provided to consumers within most Lemon Laws, you can register a claim for breach of warranty after the warranty period has expired as long as the problems happened during the warranty time period. Moreover, although a few Lemon Laws restrict their coverage benefits to a very specific number of vehicles, the Magnuson Moss Act is relevant to just about all consumer goods. The Magnuson Moss Act might also be applicable if you purchased or leased a expended motor vehicle without a manufacturing business warranty, or if the motor vehicle 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 primary source of law regulating warranties on consumer goods, including cars and other items. The UCC offers an alternative legal channel for consumers with lemon problems.

UCC code provides that the purchaser of a product is entitled to return goods that do not perform in any respect to the agreement. Therefore, if your recently purchased product doesn't work as warranted by the manufacturing business (your written warranty is part of your agreement), you can file a claim referencing the UCC in addition to any other claims you may have.

The time period for rejecting a vehicle with the UCC is not unlimited. If you come upon a defect in your vehicle within a reasonable inspection period, you can reject the automobile. Unfortunately, brand new automobiles can be often technically complex and you may not understand whether your car conforms to the agreement until long after you acquire the car and defects start to arise. Fundamentally, if Long after this inspection time you fail to refuse the car, you will be deemed to have approved of it and will have no claim through the UCC.

The duration of the review period is not outlined in the statute. The Courts decide how long the reasonable review period is based on the consumer's familiarity and past experience, the consumer's trouble in discovering the failing, and the consumer's opportunity to observe the gremlin.

In spite of this limitation, the UCC states that in certain cases where a consumer is deemed to have approved of goods (i.e. the reasonable review time period has elapsed), a consumer may still abrogate his approval of those products where the non-conformity frequently degrades the economic value of the products to him. Those instances include examples in which it is challenging to observe the nonconformity or the consumer was promised that the non-conformity would be repaired. Re-stated, the court will exempt the consumer from not refusing the products where the consumer could not have fairly done so, or where the manufacturer promised the buyer that the problems would be repaired.
When a car excessively breaks down and you have to keep bringing it back to the car dealership for repair under the warranty, the vehicle lemon law may be your next recourse. The fault must be significant in which it impedes your driving the car or your safety. A car stalling often is a significant fault. This is precisely the type of condition that can hinder your driving and your safety. Under the auto lemon law you are not obligated to establish why the vehicle is stalling, you merely have to show that it is stalling. In essence you need to check the lemon law in these 3 instances: the vehicle keeps breaking down within the warranty period, the vehicle is a safety hazard, the car dealership is not able to recondition the vehicle when it is guaranteed.

If you own a car which is a lemon you can immediately write to the original producer and ask for a replacement car. If this request is not acceptable to the original producer, you may move into an arbitration process. A few makers have their own arbitration process. Other makers employ third party arbitration program including Autoline by the Better Business Bureau. The proposal of the arbitrators is binding on the original producer but not on the consumer. If unsatisfied with the proposition, the consumer can take the original producer to court.

Virtually all laws stipulate that the purchaser ought to be restored back to the financial situation they were in before they purchased the automobile, less the sum that the purchaser benefited from by using the automobile. To get the restitution amount a number of components are considered such as was it a sale or a lease, the purchase price, taxes and license, and mileage etc.
Some almost new pre-owned vehicles will qualify under basic lemon laws. For example, a pre-owned vehicle may fall under normal lemon laws if it is less than one year old and has less than 12,000 miles on the odometer. States which do have a pre-owned vehicle lemon law might be extra cooperative with the age and measure of mileage. Still, the vehicle needs to be sold by a dealership that supplies a written warranty. Personal sales aren't regulated, neither are vehicles sold under a declared price paid. There may be additional restrictions to a used car lemon law such as the proposes in which the automobile is utilized or the classification of automobile. Older automobiles, are usually excluded from pre-owned car lemon laws. Used car lemon laws usually cover a much shorter period of time than new car ordinances. They frequently range from 30 to 90 days, depending on your used automobile's mileage.
When finding a lawyer for your lemon case, make sure that your lawyer is knowledgeable about the regulations that apply to your state. Also enquire about the pricing system. Many lemon law lawyers need a rather humble retainer to address a lemon law claim, and subsequently, the attorney's invoices are billed to the original equipment manufacturer. Essentially, lemon law claims are normally very affordable to consumers. The reimbursement of lawyer invoices differs from state to state. About half of the states let you to recover your Lawyer invoices if you win. The attorney's fee is based upon actual time expended instead of being linked to any share of the recuperation. In a select few States, you will pay the manufacturing business* lawyer's bills if you lose.

Consumers should register their charges in writing and retain a copy. In all written correspondence, always delineate how difficult it is to take the vehicle to the car dealership for work and that the reliableness that the customer thought She was acquiring has been non-existent. Any written correspondence with a dealership or original equipment manufacturer should be sent using certified mail. In most suits the makers claim that they haven't had the needed number of efforts to fix the condition. They rely on the reality that the customer does not have repair receipts for each occurance they have brought the automobile into the authorized repair facility. They also count on the fact that the repair receipts have different things fixed every occurance demonstrating that they have not fixed the same problem. Consumers ought to reply by demanding that dealers always hand them a warranty repair sheet. Consumers must also contend that these undocumented trips are tries.

Make sure to be cognisant of your rights under the lemon laws. Upon purchase, immediately scan your owner's manual and warranty info entirely, as well as the data concerning lemon law rights which you should get when you choose your vehicle. Don't depend on your dealership to identify which troubles are covered by warranty. If your dealership states that a problem is not covered and you believe that she is purposely misleading you, be calm but self-assertive. Don't be scared to go over the part of the warranty that applies, or to call the original equipment manufacturer for confirmation utilizing the contact information included with your owner's manual. You should not be obligated pay for corrections linked to lemon law complaints. It's also essential to give notice the original equipment manufacturer of a complaint as soon as possible. If you believe that your vehicle has a problem which just can't be remedied, 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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