Utah Lemon Law: What Every Car Buyer Should Know
Utah's Lemon Law protects buyers of new vehicles that turn out to have a serious, unfixable defect, but a lot of drivers don't find out how it works until they're stuck making a fourth trip to the dealership. If you're in or around Sandy, Draper, or South Jordan and think you might have a lemon, here's exactly what the law covers, how many repair attempts you're entitled to, and what steps to take next.
What Qualifies as a Lemon Under Utah Law
Utah's Lemon Law is officially the New Motor Vehicle Warranties Act (Utah Code §§ 13-20-1 through 13-20-8). To qualify, the vehicle has to be new, purchased or leased in Utah and still under the manufacturer's warranty, and weigh 12,000 lbs or less (or be the self-propelled portion of a motor home). The defect itself has to substantially impair the vehicle's use, market value, or safety, and it can't be the result of abuse, neglect, or unauthorized modifications.
One important note: Utah's Lemon Law does not apply to used vehicles, under any circumstances.
How Many Repair Attempts Does the Manufacturer Get? This is the part most car buyers get wrong. Within the warranty period or the first year after purchase whichever comes first a manufacturer is presumed to have had a fair shot at fixing the problem once either of these happens:
•The vehicle has been brought in for the same defect at least 4 times, or
•The vehicle has been out of service for repairs for a total of 30 days or more
If either threshold is met and the defect still isn't fixed, you can move forward with a claim for a refund or a replacement vehicle.
What to Do If You Think You Have a Lemon
•Keep every repair order, invoice, and piece of correspondence this is the evidence that proves the four-attempt or 30-day threshold
•Try the manufacturer's informal dispute resolution or arbitration program first, if one exists
•File a complaint with the Utah Division of Consumer Protection : (801) 530-6601
•Talk to a consumer protection attorney if the manufacturer disputes your claim Utah law allows the court to award attorney's fees to the prevailing consumer
If You Bought a Used Car Instead
Utah does not have a used car Lemon Law, which is one of the most common points of confusion. If your used vehicle turns out to be defective, check whether the Magnuson-Moss Warranty Act Act a federal law covers your situation through a remaining manufacturer's warranty, or investigate whether you were defrauded (a rolled-back odometer or a hidden salvage title), which is handled separately through the Motor Vehicle Enforcement Division.
FAQ
Does the Utah Lemon Law cover used cars? No. It only applies to new vehicles purchased or leased in Utah that are still under the manufacturer's original warranty.
How many repair attempts does a dealer get before my car is a "lemon"? Generally four attempts for the same defect, or 30 cumulative days out of service for repairs, within the warranty period or the first year whichever is shorter.
What do I get if my car qualifies as a lemon? The manufacturer must either replace the vehicle with a comparable new one or refund the purchase price, minus a reasonable deduction for the use you got out of it before the defect was reported.
Do I need a lawyer to file a Lemon Law claim in Utah? Not necessarily you can start by contacting the Utah Division of Consumer Protection. But if the manufacturer disputes your claim, an attorney can help, and Utah law allows the court to award attorney's fees to the consumer if they win.
Where do I file a complaint? Utah Division of Consumer Protection, part of the Department of Commerce: (801) 530-6601.
This article is for general information only and is not legal advice.
