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Utah Code Annotated,
§ 13-20-1 to § 13-20-7
13-20-1 Short title.
This chapter is known as the "New Motor Vehicles
Warranties Act."
13-20-2 Definitions.
As used in this chapter:
(1) "Consumer" means an individual who has
entered 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 duration of the period defined under
Section 13-20-5.
(2) "Manufacturer" means manufacturer, importer,
distributor, or anyone who is named as the warrantor on an
express written warranty on a motor vehicle.
(3) "Motor home" means a self-propelled
vehicular unit, primarily designed as a temporary dwelling for
travel, recreational, and vacation use.
(4)(a) "Motor vehicle" includes:
(i) a motor home, as defined in this section, but only the
self-propelled vehicle and chassis sold in this state; and
(ii) a motor vehicle, as defined in Section 41-1a-102,
sold in this state.
(b) "Motor vehicle" does not include:
(i) those portions of a motor home designated, used, or
maintained primarily as a mobile dwelling, office, or commercial
space;
(ii) farm tractor, motorcycle, road tractor, or truck
tractor as defined in Section 41-1a-102;
(iii) mobile home as defined in Section 41-1a-102; or
(iv) any motor vehicle with a gross laden weight of over
12,000 pounds, except a motor home as defined under Subsection (3).
13-20-3 Nonconforming motor vehicles --
Repairs.
If a new motor vehicle does not conform to all applicable
express warranties, and the consumer reports the nonconformity to
the manufacturer, its agent, or its authorized dealer during the
term of the express warranties or during the one-year period
following the date of original delivery of the motor vehicle to a
consumer, whichever is earlier, the manufacturer, its agent, or
its authorized dealer shall make repairs necessary to conform the
vehicle to the express warranties, whether or not these repairs
are made after the expiration of the warranty
term or the one-year period.
13-20-4 Nonconforming motor vehicles --
Replacement -- Refund -- Criteria -- Defenses.
(1) If the manufacturer, its agent, or its authorized dealer
is unable to conform the motor vehicle to any applicable express
warranty by repairing or correcting any defect or condition that
substantially impairs the use, market value, or safety of the
motor vehicle after a reasonable number of attempts, the
manufacturer shall replace the motor vehicle with a comparable
new motor vehicle or accept return of the vehicle from the
consumer and refund to the consumer the full purchase price
including all collateral charges, less a reasonable allowance for
the consumer's use of the vehicle. Refunds shall be made to the
consumer, and any lien holder's or lessor's as their interests
may appear.
(2) A reasonable allowance for use is that amount directly
attributable to use by the consumer prior to his first report of
the nonconformity to the manufacturer, its agent, or its
authorized dealer, and during any subsequent period when the
vehicle is not out of service because of repair.
(3) Upon receipt of any refund or replacement under
Subsection (1), the consumer, lien holder, or lessor shall
furnish to the manufacturer clear title to and possession of the
motor vehicle.
(4) It is an affirmative defense to any claim under this
chapter:
(a) that an alleged nonconformity does not substantially
impair the consumer's use of the motor vehicle and does not
substantially impair the market value or safety of the motor
vehicle; or
(b) that an alleged nonconformity is the result of abuse,
neglect, or unauthorized modifications or alterations of a motor
vehicle by a consumer.
13-20-5 Reasonable number of attempts to
conform.
(1) It is presumed that a reasonable number of attempts have
been undertaken to conform a motor vehicle to the applicable
express warranties, if:
(a) the same nonconformity has been subject to repair four
or more times by the manufacturer, its agent, or its authorized
dealer within the express warranty term or during the one-year
period following the date of original delivery of the motor
vehicle to a consumer, whichever is earlier, but the
nonconformity continues to exist; or
(b) the vehicle is out of service
to the consumer because of repair for a cumulative total of 30 or
more business days during the warranty term or during the one-year
period, whichever is earlier.
(2) The term of an express warranty, the one-year period,
and the 30-day period shall be extended by any period of time
during which repair services are not available to the consumer
because of a war, invasion, strike, fire, flood, or other natural
disaster.
13-20-6 Enforcement -- Limited liability
of dealer -- No limit on other rights or remendies.
(1) The Division of Consumer Protection shall, or a consumer
may, enforce the rights created under this chapter. An action may
be commenced by a consumer only after the claim has been
investigated and evaluated by the division.
(2) This chapter may not be interpreted as imposing any
liability on an authorized dealer or creating a cause of action
by a consumer against a dealer under this chapter, except
regarding any written express warranties made by the dealer apart
from the manufacturer's own warranties.
(3) This chapter does not limit the rights or remedies
which are otherwise available to a consumer under any other law.
(4) In an action initiated under this section by the
consumer, the court may award attorneys' fees to the prevailing
party.
13-20-7 Use of dispute settlement
procedure.
If a manufacturer has established an informal dispute
settlement procedure which complies with Title 16, Code of
Federal Regulations, Part 703, then Section 13-20-4 concerning
refunds or replacement does not apply to any consumer who has not
first resorted to this procedure.
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