UTAH LEMON LAW:
Utah Administrative Code
Utah Code -- Title 13 -- Chapter 20 -- New Motor Vehicle Warranties Act.
13-20-1. Short title. This chapter is known as the "New Motor Vehicles
Warranties Act."
Enacted by Chapter 168, 1985 General Session
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;
(ii) a motor vehicle, as defined in Section 41-1a-102, sold in this state; and
(iii) a motorcycle, as defined in Section 41-1a-102, sold in this state if the
motorcycle is designed primarily for use and operation on paved highways.
(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).
(v) a motorcycle, as defined in Section 41-1a-102, if the motorcycle is designed
primarily for use or operation over unimproved terrain;
(vi) an electric assisted bicycle as defined in Section 41-1a-102;
(vii) a moped as defined in Section 41-6-1;
(viii) a motor assisted scooter as defined in Section 41-6-1; or
(ix) a motor-driven cycle as defined in Section 41-6-1.
Amended by Chapter 12, 2004 General Session
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.
Enacted by Chapter 168, 1985 General Session
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 lienholders or lessors 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, lienholder, 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 Amended by Chapter 249, 1990
General Session
Enacted by Chapter 168, 1985 General Session
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.
Enacted by Chapter 168, 1985 General Session
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.
Amended by Chapter 249, 1990 General Session
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.
Amended by Chapter 249, 1990 General Session
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