Because of the frequency of lemon purchases in the United States today, there is a great need for a better understanding of how to access Lemon Law rights. Most states have a Lemon Law in place in order to protect local people from unfair vehicle purchases.
Does Utah Have a Lemon Law?
To find out more about Utah’s Lemon Law in particular, it is best to hop onto the Internet and peruse your state’s statutes. Most states have Lemon Law attorneys available for hire. No matter your location, you can find someone to help protect your legal rights.
What is Lemon Law in Utah?
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.”
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 remendies.
(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.
When does a vehicle qualify as a Lemon in Utah?
As with most legal details, Lemon Law in each state varies. Lemon definitions and specified eligibility requirements are significantly different from state to state. For this reason, you may find yourself unsure about Utah’s specific Lemon Law eligibility requirements. If you do not know for certain, it is worth it to take the time to consult directly with one of our top notch, professional Lemon Law attorneys. We will be able to carefully consult with you on your case in order to narrow down the specifics to see how your particular situation fits in.
Once you have elected to partner with one of our award-winning attorneys, you can head over to our professional website. It is equipped with basic information request that takes a very short time to complete and submit in order to make that connection with our team. Otherwise, the direct number where you can reach out to one of our friendly staff members is (888)353-0456.
Is a used car covered under Utah Lemon Law?
New cars are not expected to come straight from the factory with any mechanical is-sues. People who choose to invest into a brand-new car usually agree to a warranty and walk away with high expectations. Used cars, on the other hand, are often older and more likely to break down. Because of this, they do not usually come with warrantees and cannot qualify as a lemon. If you have purchased a used car that does have an active warranty in place, we encourage you to speak directly with one of our attorneys and we will help you determine the next best steps to take.
When do I need an Utah based Lemon Law Attorney?
Whether you are just beginning your process of determining whether your vehicle is a lemon, or you are already in the legal process, an attorney will always be of great benefit to you. Our Utah Lemon Law attorneys are experts in their field, and they are ready to consult with you alongside every step of the confusing and often overwhelming Lemon Law process.
How do Lemon Law Attorneys in Utah protect my rights?
Utah Lemon Law attorneys are able to protect your legal rights because they are keenly aware of your legal rights. Without knowledge, it is impossible to protect. This is why it is so important to hire someone who can fight for you in the best way possible.
There are many ways to fight in a Lemon Law situation. Not all cases require the same amount of time or attention, and they certainly do not require the same approach. Our attorneys know exactly what your specific case will require in order to make the best legal decisions based on your behalf.
How long do Lemon Law cases in Utah typically take to get resolved?
Because each case requires a different amount of attention, predicting the exact time frame is practically impossible. Some cases are more complicated than others. After working with you on the details of your case, our attorneys will likely have a better idea of a general expected time frame.
No matter how long your case takes, our attorneys will fight for you, protect you, and communicate with you throughout the entire duration. Whether it takes weeks or months to resolve, you will always know what is happening with your case.
How much will an Utah Lemon Attorney cost to hire?
Utah Lemon Law states that the financial responsibility falls on the defendant (the auto manufacturer) as opposed to the plaintiff (you). This means that whether you win or lose your case, you will not be held responsible to pay for the fees.
What are some of the areas that that Lemon Law Lawyers in Utah cover?
Whether you want a consultation, or you are ready to hire someone, feel free to reach out to our attorneys in the following major Utah cities as well is in other loca-tions near you:
- Salt Lake City
- West Valley City
- West Jordan
- St. George
- Sooth Jordan
- Spanish Fork
- Pleasant Grove
- Cottonwood Heights
- Cedar City
- American Fork
- South Salt Lake
- Eagle Mountain
- Brigham City
- Saratoga Springs
Having a professional Lemon Law attorney on your side will not only relieve your stress, but it will likely help you to receive a better outcome. Do not try to navigate this on your own. Speak with one of our attorneys today.