Utah Lemon Law: Your Complete Legal Guide

What Vehicles Are Covered

Utah's lemon law covers specific categories of new motor vehicles. Understanding coverage is essential before pursuing a claim.

Covered Vehicle Types

• Passenger cars: Sedans, coupes, hatchbacks sold in Utah
• Trucks: Pickup trucks and other vehicles under 12,000 pounds gross laden weight
• Motor homes: Self-propelled vehicle and chassis only (not the living quarters)
• Motorcycles: Only those designed primarily for use on paved highways
• SUVs and vans: Under 12,000 pounds gross laden weight

Vehicles Not Covered

• Living quarters, dwelling, office, or commercial space portions of motor homes
• Road tractors or truck tractors as defined in Utah Code
• Mobile homes
• Vehicles with gross laden weight over 12,000 pounds (except motor homes and farm tractors)
• Off-road motorcycles designed for unimproved terrain
• Electric assisted bicycles
• Mopeds
• Motor assisted scooters
• Motor-driven cycles
• Vehicles purchased for resale

Who Qualifies as a Consumer

Under Utah law, a "consumer" means an individual who enters 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 protection period.

Utah's Lemon Law Presumption

Under Utah Code § 13-20-5, the law creates a presumption that a reasonable number of repair attempts have been made if certain conditions are met. When this presumption applies, the burden shifts to the manufacturer to prove the vehicle does not qualify as a lemon.

The Lemon Law Presumption Applies When:

Condition	Requirement	Time Period
Repair Attempts (Same Problem)	4 or more attempts	Within warranty term or 1 year from delivery (whichever is earlier)
Days Out of Service	30 or more business days	Within warranty term or 1 year from delivery (whichever is earlier)

Important note: Utah uses business days rather than calendar days for the out-of-service calculation, which is more favorable to manufacturers than laws using calendar days.

What Qualifies as "Substantially Impairs"?

For the lemon law to apply, the defect must substantially impair the use, market value, or safety of the motor vehicle. Manufacturers may defend by arguing that:

• The alleged nonconformity does not substantially impair the consumer's use of the vehicle
• The alleged nonconformity does not substantially impair the market value of the vehicle
• The alleged nonconformity does not substantially impair the safety of the vehicle

Extension of Time Periods

The warranty term, one-year period, and 30-day period may be extended by any time during which repair services are unavailable due to:

• War
• Invasion
• Strike
• Fire
• Flood
• Other natural disaster

Consumer Remedies: Refund vs. Replacement

When a vehicle qualifies as a lemon under Utah Code § 13-20-4, the manufacturer must provide one of two remedies.

Option 1: Replacement Vehicle

The manufacturer must replace the defective vehicle with:

• A comparable new motor vehicle
• Same make and model with similar features
• All applicable warranties intact

Option 2: Full Refund (Buyback)

The manufacturer must accept return of the vehicle and provide a full refund including:

• Full purchase price: The amount paid for the vehicle
• All collateral charges: Sales tax, license fees, registration fees, and similar charges

Reasonable Allowance for Use

The manufacturer may deduct a reasonable allowance for use. Under Utah law, this is calculated as:

• The amount directly attributable to use by the consumer prior to the first report of the nonconformity
• Plus use during any period when the vehicle was not out of service for repair

Title Transfer Requirements

Upon receiving any refund or replacement, the consumer, lienholder, or lessor must furnish to the manufacturer:

• Clear title to the vehicle
• Possession of the motor vehicle

How to File a Lemon Law Claim in Utah

Utah has a unique requirement that claims must first be evaluated by the Division of Consumer Protection before a consumer can file a lawsuit.

Step 1: Document Everything

• Keep all repair orders and invoices
• Record the dates your vehicle was in the shop
• Note the specific symptoms and complaints
• Save all correspondence with dealer and manufacturer
• Take photos or videos of defects

Step 2: Report Nonconformity During Coverage Period

Report the nonconformity to the manufacturer, its agent, or authorized dealer during:

• The term of the express warranties, OR
• Within one year following original delivery
• Whichever is earlier

Step 3: Allow Repair Attempts

Give the manufacturer a reasonable opportunity to repair the vehicle. To trigger the presumption, this typically means:

• At least 4 repair attempts for the same problem, OR
• 30 business days out of service for repairs

Step 4: Use Manufacturer Dispute Resolution (If Required)

Under Utah Code § 13-20-7, if the manufacturer has an informal dispute settlement procedure that complies with federal FTC regulations (16 CFR Part 703), you must use that procedure before you can receive a refund or replacement under Section 13-20-4.

Step 5: File Complaint with Division of Consumer Protection

Before filing a lawsuit, you must have your claim investigated and evaluated by the Utah Division of Consumer Protection. Contact them at:

• Online complaint submission at dcp.utah.gov
• Phone: (801) 530-6601
• Toll-free: 1-800-721-7233

Step 6: File Lawsuit (If Necessary)

After the Division investigates and evaluates your claim, you may file a civil lawsuit if the matter is not resolved. The court may award attorney fees to the prevailing party.

Manufacturer Defenses

Manufacturers may raise several affirmative defenses to avoid lemon law liability under Utah Code § 13-20-4(4).

Common Manufacturer Defenses

Defense	Manufacturer's Argument	Consumer's Counter
No substantial impairment of use	Defect does not substantially impair how consumer uses vehicle	Document how defect affects daily driving and reliability
No substantial impairment of value	Market value is not significantly reduced	Obtain appraisals or market comparisons showing diminished value
No substantial impairment of safety	Defect does not create safety risk	Document safety concerns and potential hazards
Consumer abuse or neglect	Nonconformity resulted from consumer misuse	Provide maintenance records showing proper care
Unauthorized modifications	Aftermarket parts or alterations caused problem	Show defect existed before modifications or is unrelated

Used Vehicle Protections

Utah's New Motor Vehicle Warranties Act specifically covers new motor vehicles. Used vehicle buyers have more limited protections under this statute.

Limited Coverage Under State Law

• The law applies to "new motor vehicles" with manufacturer express warranties
• Subsequent purchasers during the warranty period may have some protections
• Vehicles must still be within the warranty term or one-year period

Alternative Protections for Used Vehicle Buyers

• Federal Magnuson-Moss Warranty Act: Covers vehicles with unexpired warranties or service contracts
• Utah Consumer Sales Practices Act: Prohibits deceptive trade practices
• Common law claims: Breach of warranty, fraud, or misrepresentation
• Dealer disclosure requirements: Dealers must disclose certain information about used vehicles

Recreational Vehicle Trailers

Utah provides special mediation provisions for recreational vehicle trailers under Utah Code § 13-20-8.

Mediation Requirements for RV Trailers

Owners of new recreational vehicle trailers (travel trailers, camping trailers, fifth wheel trailers) and manufacturers must engage in mediation if:

• The owner notifies the manufacturer in writing of the nonconformity
• The nonconformity affects the structural or functional integrity of the roof, subfloor, or wall
• The manufacturer has made at least four attempts to correct the nonconformity
• The nonconformity persists after four attempts
• The owner submits a written request for mediation
• The nonconformity substantially impairs use, value, or safety

Mediation Process

• Mediation takes place in the county where the trailer was purchased
• The Consumer Arbitration Program for Recreation Vehicles conducts the mediation
• The manufacturer pays the cost of mediation
• Mediation failure does not prevent other legal remedies

Statute of Limitations

Utah's lemon law has specific time limitations for reporting defects and seeking relief:

Time Requirement	Details
Reporting nonconformity	During warranty term or within 1 year of delivery (whichever is earlier)
Repair attempts for presumption	Within warranty term or 1 year of delivery (whichever is earlier)
Days out of service for presumption	Within warranty term or 1 year of delivery (whichever is earlier)

Note: The manufacturer must still make repairs even after the warranty term or one-year period expires, as long as the nonconformity was reported during the coverage period.

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• Utah Whistleblower Laws
• Utah Recording Laws
• Utah Dog Bite Laws
• Utah Statute of Limitations
• Utah Sexting Laws
• Utah Child Support Laws
• Utah Car Seat Laws