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Any problem that substantially impairs the use and market value of the product and warrantor is unable to make the product free form defects within a reasonable number of attempts. If you bought a malfunctioning vehicle, you may need a lemon law attorney to recover your losses.
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UTAH Lemon Law:
Utah Code Ann. §§ 13-20-1 to 13-20-7, 41-3-406 to 41-3-414
Vehicles covered: Vehicles, defined § 41-1a-102, sold in state;
excludes motorcycles, trucks, farm or road tractors, living facilities
of motor homes, and vehicles over 12,000 lbs. (§§ 13-20-2(3),
41-3-407(4)).
Persons covered: Purchasers, lessees, transferees during express
warranty period, or any person entitled to enforce the warranty
(§§ 13-20-2(1), 41-3-407(2)).
Period covered: Whichever comes first: expiry of term of express
warranty or one year from date of delivery (§ 13-20-3).
Disclosure requirements: None for manufacturer.
Required consumer notice: Report the nonconformity to the manufacturer,
its agent or an authorized dealer (§ 13-20-3).
Repair requirements: It is presumed that a reasonable number of
attempts have been made if the same nonconformity is subjected to
four or more repairs, or the vehicle is out of service for a cumulative
total of thirty or more business days (§ 13-20-5).
Affırmative defenses: The nonconformity does not substantially
impair the use, market value or safety of the vehicle, or is the result
of the consumer’s abuse, neglect, or unauthorized modifications or
alterations (§ 13-20-4(4)).
Replace/refund: The manufacturer shall replace with a new comparable
vehicle, or refund the full purchase price less a reasonable
use allowance (§ 13-20-4).
Other reimbursement: Collateral charges (§ 13-20-4(1)); attorney
fees (§ 13-20-6(4)).
Other remedies: No lemon law liability imposed on dealer except
for its separate express written warranties (§ 13-20-6(2)). Civil
action available pursuant to lemon law only after investigation by
division of consumer protections (§ 13-20-6(1)). There is no limit
on consumer remedies under other laws (§ 13-20-6(3)). Lemon
resale violation is an unfair or deceptive practice (§ 41-3-412).
Informal dispute resolution: For remedies under this section a
consumer must first use an informal dispute settlement procedure
established by the manufacturer, provided the procedure complies
with 16 C.F.R. pt. 703 (§ 13-20-7).
Resale of lemon: Full written disclosure and branding of title
required (§§ 41-3-408, 41-3-409).
After submitting your free lemon law case evaluation, one of our attorneys will respond to you within 24 hours.
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