Utah consumers who purchase new cars and other new vehicles expect those vehicles to work perfectly. Unfortunately, sometimes they do not and the buyer is stuck with a “lemon.” When this occurs, a buyer is often forced to resort to utilizing the state or federal lemon law to convince a manufacturer to honor their warranty and make things right.
Utah Lemon Law Info:
The Utah Lemon Law is among the more restrictive state lemon laws, with many rules, qualifications, and deadlines which individuals must meet in order to qualify for relief. It still, however, provides important legal protections; and in combination with federal law, can help customers to get the new car they deserve.
Covered Vehicles Under Utah Lemon Law
The Utah Lemon Law provides protection to consumers in Utah who buy vehicles intended for use on the roads and highways. The law covers cars, trucks, and vans as well as motorcycles and the self-propelled (motorized) portion of a motor home. It does not, however, cover any vehicle which is principally used as a home, office, or business, nor does it cover farm or road tractors, off-road motorcycles, mobile homes, or any vehicle weighing over 12,000 pounds. It protects only new vehicles, defined as vehicles which have never before been titled or registered and which have been used for less than 7,500 miles at the time of sale.
The Federal Lemon Law (formally known as the Magnuson-Moss Warranty Act), is also applicable in Utah and provides even broader protection. The Federal Lemon Law covers all consumer products, from vehicles of all types to electronics and other consumer and household goods.
Covered Defects Under Utah Lemon Law
The Utah Lemon Law provides protection against any problem or defect which is covered by the manufacturer’s warranty and “substantially impairs” the market value, use or safety of your vehicle. This means that not all problems which occur in the vehicle are covered – only those which are serious enough to qualify as a substantial impairment. The Utah Lemon Law only covers defects or problems which emerge during the first year after purchase or the warranty period of the car, whichever comes first.
Even if a defect does not fall under the Utah Lemon Law, this does not mean that if you purchased a “lemon” that you have no rights. Again, the Federal Lemon Law provides broader protection than the State Lemon Law. Under the Federal Lemon Law, all defects covered by the manufacturer’s warranty are covered by the law, even those which do no substantially impair your vehicle as required under state law. The Federal Lemon Law also extends for the full period of the manufacturer’s warranty. Put another way, under the Federal Lemon Law, if it’s important to you, and it’s under warranty, it’s covered.
Reasonable Number of Attempts to Repair Covered Defects
Before seeking relief under the Utah Lemon Law, you must first give the manufacturer a reasonable opportunity – a reasonable number of attempts – to fix the problems. A reasonable opportunity to fix the problems typically means four (4) chances: if the manufacturer fails to fix it after four (4) tries, it has had a reasonable chance. In addition, if the repairs add up to a total of thirty (30) or more business days, even if these days do not happen all at once, then the manufacturer has had its reasonable opportunity.
Enforcing your legal rights Under Utah Lemon Law
If your car’s manufacturer has failed to comply with the Utah Lemon Law, the Federal Lemon Law, or both, then you are entitled to relief. The manufacturer must either replace your vehicle, provide you with a full refund which includes various other charges you incurred, such as taxes, titling and registration fees or cash compensation. In addition, the manufacturer must also pay for your attorneys’ fees spent enforcing your legal rights.
It is important to note that before filing suit, consumers must submit to any arbitration or mediation procedure which the manufacturer has had approved by the State of Utah. These procedures can feel overwhelming and can often be a source of stress to consumers. An experienced Lemon Law attorney at Krohn & Moss, Ltd. Consumer Law Center® can help you to navigate these procedures (and any subsequent court action) with as little stress and worry as possible.
Call Krohn & Moss, Ltd. Consumer Law Center® or submit your information to us online to see if you qualify under the lemon law. You may be entitled to a refund, a replacement vehicle or cash compensation for your lemon under the State or Federal lemon laws. Over 97% of our cases settle without going to trial and we pursue your case with the goal of getting your claim settled as quickly as possible.
We work with Utah attorneys associated with Krohn & Moss, Ltd. Consumer Law Center® in an “of-counsel relationship” to handle lemon law claims for consumers in Utah.