Utah Lemon Law
Utah Lemon Laws and the federal Lemon Law (the Magnuson-Moss Warranty Act) provide for compensation to Utah
consumers of defective automobiles and trucks and other vehicles and products including motorcycles, RV’s,
boats, computers and other consumer appliances and products. To qualify under the Utah Lemon Law or the federal
Lemon Law, you must generally have a product that suffered multiple repair attempts under the manufacturer’s
factory warranty. Lemon Law compensation can include a refund, replacement or cash compensation. If you think you
qualify for a Lemon Law, click here for a free Utah Lemon Law case review
or for an immediate evaluation, simply fax your repair records to 866-773-6152. An experienced Lemon Law attorney
will personally review your inquiry and records and quickly contact you for a free consultation.
For other useful Utah Lemon Law information, click here to visit the Utah section
of our State Lemon Laws summaries page. Or just keep reading below for the entire Utah Lemon Law, or
click here to read the federal lemon law.
Utah State Statutes
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."
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
(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.
(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.
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;
(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
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.
Car Lemon Home
Lemon Law Summaries
Lemon Law Statutes