ID Lemon Law Statutes

Idaho Lemon Law Qualifications

Vehicles Covered

The Idaho lemon law covers moto r vehicles that are sold or licensed in Idaho. The lemon law appears to cover used vehicles, but does not cover motorcycles, farm tractors, trailers, or motor vehicles with a gross laden weight over 12, 000 pounds.

Consumers Covered

The lemon law covers th e following "consumers": 1. The purchaser or lessee, other than for purposes of resale or sublease, of a new motor vehicle used for personal business use or personal, family, or household purposes; and 2. A person to whom the new motor vehicle is transferred fo r the same purposes during the duration of an express warranty applicable to the motor vehicle.

Vehicle Converters

The lemon law applies to vehicle converters.

Problems Covered

The lemon law covers any defect or condition that impairs the use or market value of the motor vehicle to the consumer. This is referred to as a nonconformity . The lemon law provides manufacturers with an affirmative defense if it can be shown that the nonconformity is the result of abuse, neglect, or unauthorized modifications or alterations of the motor vehicle by anyone other than the manufacturer, its agent or authorized dealer.

Reasonable Number Of Repair Attempsts

The manufacturer must repurchase or replace the motor vehicle if a reasonable number of repair attempts to correct a nonconformity occur within three years following the date of the motor vehicle's original delivery to a consumer.

The Idaho lemon law establishes a presumption that a reasonable number of attempts has been undertaken to conform a motor vehicle to the applicable express warranties if, during the term of the express warranty, the period of two years following the date of the motor vehicle's original delivery to a consumer, or the period ending with the date on which the mileage on the motor vehicle reaches 24,000 miles , whichever is earlier, any of the following occurs:

  • The same nonconformity has been subject to repair four or more times by the manufacturer, its agents or authorized dealers; the manufacturer had at least one opportunity to attempt to repair the vehicle; and the nonconformity continues to exist;
  • The motor vehicle is out of service by reason of repair for a cumulative total of 30 or more business days; or,
  • A nonconformity results in a complete failure of the braking or steering system and is likely to cause death or serious bodily injury if the vehicle is driven; the nonconformity has been subject to repair at least once by the manufacturer, its agents or authorized dealers; the manufacturer had at least one opportunity to attempt to repair the vehicle; and the nonconformity continues to exist.

The presumption's two - year or 24,000 mile period is extended if the consumer first reported the nonconformity to the manufacturer, its agent or authorized dealer during the term of the applicable express warranty, and if the reasonable number of repair attempts occur within three years following the date of the motor vehicle's original delivery to a consumer.

The term of an applicable express warranty, the two year period, and the 30 day period are extended by any period of time during which repair services are not available to the consumer because of war, invasion, strike, or fire, flood, or other natural disaster.

Idaho Arbitration Requirements

Any manufacturer doing business in Idaho, entering into franchise agreements for the sale of its vehicles in Idaho, or offering express warranties on its vehicle s sold or distributed in Idaho, must operate or participate in an informal dispute settlement mechanism. The informal mechanism must be located in Idaho and must comply with 16 C.F.R. Part 703 and the lemon law.

The lemon law provisions requiring repurchase or replacement of a nonconforming motor vehicle do not apply to a consumer who has not first used the informal mechanism before commencing a civil action, unless the manufacturer allows a consumer to forego the mechanism.

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