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- Utah Lemon Law Info – UT Lemon Law Attorneys
What is the Lemon Law in Utah?
In the state of Utah, if your vehicle is determined to be a lemon, you are entitled to a refund of your money minus a deduction for mileage from the mileage at the first repair, and the manufacturer also pays off your loan, and you return the vehicle to the manufacturer. Or in the alternative, you’re entitled to a replacement vehicle. You’d be entitled to a new vehicle in place of your current vehicle, and there’s also the possibility of cash compensation where you keep your vehicle. In all of those instances, the manufacturer’s required to pay the attorney’s fees as well.
What vehicles Are Covered Under the Utah Lemon Law?
Utah lemon law covers leased and new passenger vehicles, SUVs, vans, and trucks under 12,000 pounds, that are sold during the new car warranty period. The UT Lemon Law was extended in 1990 to also cover motor homes (chassis only). In order to be considered a “lemon,” the vehicle must meet the following requirements:
- The vehicle must have been purchased in the state of UT
- The vehicle must be new and under warranty
- The vehicle must weigh less than 12,000 pounds;
- Has substantial defects affecting the use, safety or value of the vehicle
- The vehicle must have been to the manufacturer to have the same defect resolved at least four times OR out of service to the consumer a total of 30 days DURING the first year or the warranty period, whichever is less
- The defect cannot be the result of abuse, neglect or unauthorized modifications of the vehicle; AND
- The consumer must go through any informal dispute settlement or arbitration procedure the manufacturer may have established, as set forth in the warranty manual for your vehicle.
Utah New Motor Vehicles Warranty Act Rules (Lemon Law), UT Admin Code R152-20 is the state’s lemon law.
Don’t be stuck with a lemon. You have legal rights to cash, return or buyback.
The law makes car manufacturers pay legal fees.
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Does the Utah Lemon Law apply to used cars?
Unfortunately, there is no lemon law provision for any type of used vehicle in Utah.
Getting Lemon Justice — Relief Under Utah Law
Utah lemon law provides several options for a successful lemon law claimant. First, you may be awarded a replacement vehicle of the same year, make, and model. If you accept a replacement vehicle, the manufacturer must reimburse you for towing charges and the cost of alternative transportation. Before you receive the replacement vehicle, you must pay the manufacturer for your use of the first vehicle up until the third repair attempt (or the first repair attempt for a serious defect) or to the 20th day that the vehicle was out of service. This payment is calculated by multiplying the mileage by the purchase price and dividing by 120,000. A refund can include:
- The full contract price of the vehicle
- Manufacturer- or dealer-installed options
- Earned finance charges
- Use taxes
- Title charges
- Incidental charges, such as towing charges and alternate transportation
- Attorney’s fees
The amount of the refund may be reduced by a deduction for your use of the vehicle up until the third repair attempt (or the first repair attempt for a serious defect) or to the 20th day that the vehicle was out of service. This payment is calculated by multiplying the mileage by the purchase price and dividing by 120,000.
Pursuing a UT Lemon Law Claim
Under Utah lemon law, you must notify the manufacturer of the problem with your vehicle within 12 months of taking delivery of the vehicle, or before the warranty expires (whichever comes first). The notification gives the manufacturer a final chance to fix the vehicle. Here’s a sample demand letter that you can adapt for your use.
The manufacturer should notify you of a repair facility within 10 days. If the manufacturer doesn’t contact you within 10 days, they don’t get another chance to repair it.
If the manufacturer has a certified dispute program, you’re required to participate in that prior to filing a lemon law lawsuit in court. If they don’t, you can go ahead and file suit.
Hiring a Lemon Law Lawyer in Utah
Wherever you are in the lemon law claim process, we’re happy to help. Whether you need help gathering the material documenting your lemon, submitting the final demand letter, negotiating a settlement, or appealing the arbitration decision, Lemberg Law will be at your side every step of the way.
Helping consumers is what we do. We’ve helped more than 15,000 people recover more than $35 million.
Remember that vehicle manufacturers have teams of lawyers that do nothing but fight lemon law claims. Lemon laws try to level playing field by forcing automakers to pay the consumer’s attorney fees in successful lemon law claims. That’s why our representation won’t cost you a dime.
There’s a limited window of opportunity for filing a lemon law claim. If you suspect you have a lemon, give us a call today. We understand your frustration, and will do our best to deliver the justice you deserve.
What Happens When You Hire a Lemon Law Lawyer?
A good lemon lawyer will work on your behalf to get the compensation to which you’re entitled – typically in the form of a refund, a replacement vehicle, or a cash settlement. Your Lemon Law attorney will ask you for all of your records, such as repair orders and correspondence, that pertain to your lemon. Your lawyer will conduct a thorough investigation of your vehicle’s repair history, then present the manufacturer with a statement outlining your case and demanding full recovery. More often than not, the manufacturer will settle; if not, though, your Lemon Law attorney should be prepared to sue the manufacturer. Your lawyer should be able to resolve your case within one to two months.