State of Utah

Division Of Consumer Protection

Lemon Law

Consumers who buy or lease a new automobile or motor home with significant defects that can't be repaired, or in other words is simply a "lemon", can obtain relief under the New Motor Vehicle Warranties Act or Lemon Law.

The Lemon Law applies to new cars under warranty and was extended in 1990 to also cover new leased vehicles and motor homes.

To Qualify Under the Lemon Law

• The vehicle must have been purchased in the state of Utah.
• The vehicle must be new and under warranty.
• The vehicle must be a car or truck weighing less than 12,000 pounds, or a motor home.
• The defect must "substantially impair the use, market value or safety of the vehicle."
• The vehicle must have been in for repairs for the same defect at least four times or out of service to the consumer a total of 30 days in either one year or the warranty period, whichever is less.
• The defect cannot be the result of abuse, neglect or unauthorized modifications of the vehicle.
• The consumer must first go through any informal dispute settlement or arbitration procedure the manufacturer may have established.

What's Next

If your vehicle meets all of the criteria, your next step is to file a complaint with the Division of Consumer Protection in the Department of Commerce.

The complaint must furnish two signed and notarized affidavits from two different certified mechanics that have witnessed the mechanical problems or defects.

After your vehicle is determined to be a "lemon" by the Division, you qualify for either a replacement or a cash refund. The manufacturer has the right to charge you a "reasonable" amount for use of the vehicle, usually 10 to 23 cents per mile. You can have the Division try to obtain restitution for you or you can take private action with your own attorney.

Contact the Division at

Division of Consumer Protection
Utah Department of Commerce
Heber M. Wells Building
160 East 300 South
P. O. Box 45802
Salt Lake City, Utah 84145-0802
(801) 530-6601

Avoiding a Lemon

Only a small number of cars are really "lemons." However, to avoid "lemon-type" problems, there are some steps you can take to ensure greater satisfaction with your new car purchase.

1. Make sure the car you buy is exactly

• The car you ordered. Check to make sure all options, equipment and accessories you want are included and every service listed has been completed.
• What the receipted bill of sale says you bought. Compare your bill of sale against both the car and the window sticker.

2. Wait for "dealer prep". New cars require checking and varying degrees of service before they are delivered to the purchaser. Make sure the dealer prep is completed by the dealer and that the service is listed and marked "paid" on the bill of sale.

3. Make sure there is a manufacturer's warranty with your new vehicle. Also, if you purchase a dealer service contract, keep in mind that your service contract may not be honored at all other dealerships.

4. Do not complete the purchase of the vehicle until credit and financing have been approved by a lender.

5. Inspect and road test the car. Drive it on roads you normally drive, with the loads you normally carry. If possible, drive it through a car wash to test for leaks.

Have all problems taken care of before you take possession.

Car Lemon Home
Lemon Law Summaries
Lemon Law Statutes