UT Lemon Law Statutes

Utah Lemon Law Qualifications

Vehicles Covered

The Utah lemon law covers an y motor vehicle sold in the state and intended primarily for use and operation on the highways. This includes a motorcycle and the self - propelled vehicle and chassis of a motor home sold in the state.

The lemon law does not cover those portions of a motor home designated, used, or maintained primarily as a mobile dwelling, office, or commercial space; farm tractors; motorcycles designed primarily for use on unimproved terrain; road tractors or truck tractors; mobile homes; or any motor vehicle with a gross laden weight of over 12,000 pounds.

The Division of Consumer Protection defines "new motor vehicle" as a motor vehicle that has never been titled or registered and has been driven fewer than 7,500 miles.

Consumers Covered

The lemon law covers the "consumer", defined as an individual who, within the express warranty term or during the period of one year following the date of the motor vehicle's original delivery to a consumer, whichever is earlier, has entered into an agreement or contract for the transfer, lease, or purchase of a new motor vehicle for purposes other than resale or sublease.

The lemon law does not cover the purchaser, lessee, or transferee of a used motor vehicle.

Vehicle Converters

The lemon law applies to vehicle converters.

Problems Covered

The lemon law covers any defect or condition that substantially impairs the use, market value or safety of the motor vehicle. This is referred to as a nonconformity.

The lemon law provides manufacturers with an affirmative defense if it can be shown that the 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 the nonconformity is the result of abuse, neglect, or unauthorized modifi cations or alterations of a motor vehicle by a consumer.

Reasonable Number Of Repair Attempts

The Utah lemon law establishes a presumption that a reasonable number of repair attempts has been undertaken to conform a motor vehicle to the applicable express warranties if, within the express warranty term or during the period of one year following the date of the motor vehicle's original delivery to a consumer, whichever is earlier, either of the following occurs:

  • The same nonconformity has been subject to repair four or more times by the manufacturer, its agent or authorized dealer, but the nonconformity continues to exist; or
  • The motor vehicle is out of service to the consumer because of repair for a cumulative total of 30 or more business days.

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

Utah Arbitration Requirements

If the manufacturer has established or participates in an informal dispute settlement procedure that complies with 16 C.F.R. Pa rt 703, then the provisions requiring refund or replacement do not apply unless the consumer has first resorted to the informal dispute settlement procedure.

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