The lemon law in the State of Utah is codified in the “New Motor Vehicles Warranties Act”. This law covers new motor vehicles including motor homes and motorcycles.
If a new motor vehicle develops a defect during its warranty period then the manufacturer has to make such necessary repairs as are necessary. The consumer has to inform the manufacturer about the defect as soon as it arises.
If the manufacturer is unable to rectify the defect even after a reasonable number of attempts, then he should either replace the vehicle with a new one, or refund the price paid to the consumer.
In case a refund is sought, then the refund should include, along with the purchase price, all incidental charges the consumer has incurred. The manufacturer can however deduct reasonable charges towards the normal wear on the vehicle.
It would be considered reasonable if the manufacturer has tried to repair the vehicle at least four times or has kept the vehicle garaged for at least thirty days during the warranty period.
Defenses
The manufacturer can escape liability if he can prove that the defect is due to some misuse or abuse of the vehicle by the consumer. Or that the defect in no way hampers the normal and safe usage of the vehicle.
Dispute settlement
If the manufacturer has established an informal dispute settlement mechanism, then the consumer should approach this forum first with his complaint.
The consumer can also approach the Division of Consumer Protection for relief.
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If he is successful in his attempt, then the consumer is entitled to damages and also costs.
The US federal law governing lemons is officially called The Magnuson-Moss Warranty Act, however, most American states each have their own lemon law.
