Utah Lemon Law: Do You Qualify?

Utah lemon law at a glance

Coverage window

A defect reported during the express warranty term or the one year after original delivery, whichever is earlier. The Act sets no mileage limit. The period is extended while repair services are unavailable because of war, invasion, strike, fire, flood or other natural disaster. The manufacturer must make the repairs even if they are made after the period ends.

Repair attempts

4 or more repairs of the same defect by the manufacturer, its agent or its authorized dealer within that period, and the defect still exists. The Act has no separate count for safety defects.

Days out of service

30 or more cumulative business days (not calendar days) because of repair during that period.

The standard and the defenses

The refund or replacement applies where the manufacturer cannot conform the vehicle by repairing a defect or condition that substantially impairs its use, market value or safety after a reasonable number of attempts. It is an affirmative defense that the problem does not substantially impair the consumer's use and does not substantially impair the market value or safety, or that it is the result of abuse, neglect or unauthorized modifications or alterations by a consumer.

Written notice

The Act names none for motor vehicles, and no final repair attempt. You must report the defect to the manufacturer, its agent or its authorized dealer. (A recreational vehicle trailer owner must notify the manufacturer in writing to reach the Act's separate mediation.)

Before an action

A consumer may start an action under the Act only after the Division of Consumer Protection has investigated and evaluated the claim; the Act does not say how to ask for that. If the manufacturer has an informal dispute procedure that complies with 16 C.F.R. Part 703, the refund-or-replacement section does not apply to a consumer who has not first used it. The Act does not limit other rights or remedies.

Who can be sued

The manufacturer. The Act imposes no liability on an authorized dealer and gives no claim against one, except for the dealer's own written express warranties apart from the manufacturer's.

Filing deadline

The Act states none. Utah's general four-year limit for contracts for sale exists, but the sources do not say it governs a lemon law claim.

What you can recover

A comparable new vehicle, or a refund of the full purchase price including all collateral charges (sales tax, document preparation fees, additional or extended warranty cost if in the price), less a reasonable allowance for use: miles driven times the price divided by 100,000, between 10 and 21 cents per mile, leaving out delivery mileage and repair mileage. You return clear title and possession. The Act has no penalty or multiplied damages, and in an action the consumer starts the court may award attorneys' fees to the prevailing party.

Used vehicles, later owners and leases

A lessee is within the Act: a consumer enters into the "transfer, lease, purchase" of a new motor vehicle, and the rule has the manufacturer refund the lessor and relieve the lessee of the lease. A later owner is a consumer only if the transfer fell within the warranty term or first year after original delivery, whichever ends earlier. The rule defines a new motor vehicle as never titled or registered and driven fewer than 7,500 miles. No separate used-vehicle lemon law was found.

Utah lemon law: frequently asked questions

How many repair attempts does the Utah lemon law require?

Four or more repairs of the same defect within the express warranty term or the first year after original delivery, whichever is earlier, with the defect still existing, create the presumption of a reasonable number of attempts. Alternatively, 30 or more cumulative business days (not calendar days) out of service in that period create it. The Act has no separate attempt count for safety defects.

What do I have to do before suing in Utah?

A consumer may start an action under the Act only after the Division of Consumer Protection has investigated and evaluated the claim (Utah Code § 13-20-6(1)). Also, if the manufacturer has established an informal dispute settlement procedure that complies with 16 C.F.R. Part 703, the refund-or-replacement section does not apply until you have first resorted to it (§ 13-20-7). The Act does not limit your rights under other law (§ 13-20-6(3)).

How long do I have to sue under the Utah lemon law?

The Act states no filing deadline. Utah has a general four-year limit for actions on contracts for sale, but the sources we reviewed do not say whether it governs a lemon law claim, so do not wait; an attorney can tell you which deadline applies to you.

Does the Utah lemon law cover used or out-of-state vehicles?

The Act covers a new motor vehicle, which the rule defines as one never titled or registered and driven fewer than 7,500 miles. A person who enters into the transfer of a new motor vehicle during the warranty term or the first year after original delivery, whichever is earlier, is also a consumer. We found no separate used-vehicle lemon law. A covered motor vehicle must be sold in Utah. Other laws, such as the Magnuson-Moss Warranty Act, may still apply, and the Act does not limit other rights or remedies.

What can I recover if my car qualifies in Utah?

The manufacturer shall replace the vehicle with a comparable new one or accept its return and refund the full purchase price including all collateral charges, less a reasonable allowance for your use. The Act has no penalty or multiplied damages, and in a consumer-started action the court may award attorneys' fees to the prevailing party.

Statutes cited on this page

• Utah Code § 13-20-2 (Definitions: consumer, motor vehicle, recreational vehicle trailer)
• Utah Code § 13-20-3 (Nonconforming motor vehicles: repairs; one-year eligibility period)
• Utah Code § 13-20-5 (Reasonable number of attempts to conform)
• Utah Code § 13-20-4(1) (replacement or refund of the full purchase price including collateral charges, less an allowance for use)
• Utah Code § 13-20-4(4) (affirmative defenses: no substantial impairment; abuse, neglect, unauthorized modification)
• Utah Code § 13-20-6 (Enforcement; Division of Consumer Protection review before a consumer action)
• Utah Code § 13-20-6(4) (court may award attorneys' fees to the prevailing party)
• Utah Code § 13-20-6(2), (3) (no liability on a dealer under the Act; other rights and remedies not limited)
• Utah Code § 13-20-7 (Use of dispute settlement procedure)
• Utah Admin. Code R152-20-103 (definitions: collateral charge, new motor vehicle, purchase price)
• Utah Admin. Code R152-20-202 (Reasonable allowance for use)
• Utah Code § 13-20-4(2) (reasonable allowance for use)
• Utah Admin. Code R152-20-201 (what is an attempt to repair; lease repurchase)
• Utah Admin. Code R152-20-201(4) (a substitute of comparable quality needs the consumer's consent)
• Utah Code § 13-20-4(3) (clear title and possession to the manufacturer on refund or replacement)
• Utah Code § 41-1a-102 ("farm tractor", "motor vehicle")
• Utah Code § 13-20-8 (mediation for a new recreational vehicle trailer)
• Utah Code § 70A-2-725(1) (four years for an action on a contract for sale)

This page summarizes the statute in plain language and is not legal advice. The linked official text controls.