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Utah
Lemon Law
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.
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