Utah Lemon Law: Your Complete Legal Guide

What Is Utah's Lemon Law?

Utah's lemon law is officially called the New Motor Vehicle Warranties Act, found in Utah Code Title 13, Chapter 20. This law protects consumers who purchase or lease new motor vehicles that turn out to have serious, unfixable defects. If a manufacturer cannot repair a substantial defect after a reasonable number of attempts, the consumer may be entitled to a replacement vehicle or a full refund.

The law was first enacted in 1985 and expanded in 1990 to include leased vehicles and motor homes. The Utah Division of Consumer Protection administers and enforces the statute under Administrative Rule R152-20.

What Vehicles Are Covered

Utah's lemon law covers specific categories of new motor vehicles. Understanding coverage is essential before pursuing a claim.

Covered Vehicle Types

• Passenger cars: Sedans, coupes, hatchbacks, and similar vehicles sold or leased as new in Utah
• Trucks and SUVs: Pickup trucks, SUVs, and vans with a gross laden weight under 12,000 pounds
• Motor homes: The self-propelled vehicle and chassis only (not the living quarters, dwelling, office, or commercial portions)
• Motorcycles: Only those designed primarily for use on paved highways
• Leased vehicles: New vehicles under lease agreements are covered the same as purchased vehicles
• Electric and hybrid vehicles: Covered under the same terms as gasoline-powered vehicles, provided they meet weight and type requirements

Vehicles Not Covered

• Living quarters, dwelling, office, or commercial space portions of motor homes
• Road tractors or truck tractors as defined in Utah Code
• Mobile homes
• Vehicles with gross laden weight over 12,000 pounds (except motor home chassis and farm tractors)
• Off-road motorcycles designed primarily for unimproved terrain
• Electric assisted bicycles, mopeds, motor assisted scooters, and motor-driven cycles
• Vehicles purchased or leased for the purpose of resale or sublease

Who Qualifies as a Consumer

Under Utah Code § 13-20-2, a "consumer" is any individual who enters 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 protection period. This definition includes both buyers and lessees.

Utah's Lemon Law Presumption

Under Utah Code § 13-20-5, the law creates a rebuttable presumption that a reasonable number of repair attempts have been made when certain conditions are met. Once this presumption applies, the burden shifts to the manufacturer to prove the vehicle does not qualify as a lemon.

When the Presumption Applies

Condition	Requirement	Time Period
Repair Attempts (Same Defect)	4 or more attempts to fix the same nonconformity	Within warranty term or 1 year from delivery, whichever is earlier
Days Out of Service	30 or more cumulative business days	Within warranty term or 1 year from delivery, whichever is earlier

Important: Utah calculates the out-of-service period using business days, not calendar days. This distinction matters because 30 business days equals roughly six calendar weeks, giving manufacturers more time before the threshold is reached.

What "Substantially Impairs" Means

For the lemon law to apply, the defect must substantially impair the use, market value, or safety of the motor vehicle. Minor cosmetic issues or normal wear typically do not qualify. The defect must be significant enough to affect how you drive the vehicle, reduce its resale value, or create a safety hazard.

Extension of Time Periods

The warranty term, one-year period, and 30-day out-of-service period may be extended if repair services become unavailable due to:

• War or invasion
• Strike or labor dispute
• Fire, flood, or other natural disaster

These extensions prevent consumers from losing their rights because of circumstances outside anyone's control.

Consumer Remedies: Refund vs. Replacement

When a vehicle qualifies as a lemon under Utah Code § 13-20-4, the manufacturer must provide one of two remedies.

Option 1: Replacement Vehicle

The manufacturer must replace the defective vehicle with a comparable new motor vehicle. This means:

• Same make and model, or a vehicle acceptable to the consumer
• Equipped with similar features and options
• All applicable manufacturer warranties intact
• Manufacturer must also reimburse the consumer for towing charges and the cost of alternative transportation incurred because of the defect

Option 2: Full Refund (Buyback)

The manufacturer must accept return of the vehicle and provide a full refund including:

• The full purchase price of the vehicle
• All collateral charges such as sales tax, license fees, registration fees, and similar government charges
• Finance charges and incidental damages where applicable

Reasonable Allowance for Use

The manufacturer may deduct a reasonable allowance for the consumer's use of the vehicle. Under Utah Administrative Rule R152-20, this allowance is calculated using a specific formula:

Component	Calculation
Per-mile rate	Purchase price divided by 100,000
Minimum rate	$0.10 per mile
Maximum rate	$0.21 per mile
Miles counted	Only miles driven before the first defect report and during periods when the vehicle was not in the shop
Miles excluded	Mileage at time of delivery and mileage during repair periods

For example, a vehicle purchased for $35,000 would have a per-mile rate of $0.35, but because this exceeds the $0.21 maximum, the rate is capped at $0.21 per mile. If the consumer drove 3,000 qualifying miles, the deduction would be $630.

Leased Vehicle Refund Provisions

When a leased vehicle qualifies as a lemon, the process works differently:

• The manufacturer must refund to the lessor all payments made under the lease
• The refund includes trade-in value, inception payment, and security deposit
• The manufacturer makes all payments to the lessor and lienholder necessary to obtain clear title
• Any excess from those payments goes to the lessee
• Once the lessor receives payment, the consumer is relieved of all future lease obligations

Title Transfer Requirements

Upon receiving a refund or replacement, the consumer, lienholder, or lessor must provide the manufacturer with clear title and possession of the defective vehicle.

How to File a Lemon Law Claim in Utah

Utah has a unique procedural requirement: your claim must be investigated by the Division of Consumer Protection before you can file a lawsuit. Here is the step-by-step process.

Step 1: Document Everything

Thorough documentation strengthens your claim significantly. Keep records of:

• All repair orders, invoices, and receipts
• Dates your vehicle was dropped off and picked up from the shop
• Specific symptoms and complaints reported at each visit
• All correspondence with the dealer and manufacturer (emails, letters, texts)
• Photos or videos showing the defect
• A log of how the defect affects your daily use of the vehicle

Step 2: Report the Defect During the Coverage Period

You must report the nonconformity to the manufacturer, its agent, or an authorized dealer during:

• The term of the express warranty, OR
• Within one year following original delivery of the vehicle
• Whichever period ends first

Failure to report within this window can bar your claim entirely.

Step 3: Allow Repair Attempts

Give the manufacturer a reasonable opportunity to repair the vehicle. To trigger the lemon law presumption, this typically means allowing:

• At least 4 repair attempts for the same defect, OR
• The vehicle to be out of service for a cumulative total of 30 or more business days

Step 4: Use Manufacturer Dispute Resolution (If Required)

Under Utah Code § 13-20-7, if the manufacturer has an informal dispute settlement procedure that complies with federal FTC regulations under 16 CFR Part 703, you must use that procedure before you can receive a refund or replacement. Many major manufacturers participate in programs like BBB Auto Line for this purpose.

If the manufacturer does not have a qualifying program, you can skip this step.

Step 5: File a Complaint with the Division of Consumer Protection

Under Utah Code § 13-20-6, you cannot file a lawsuit until your claim has been investigated and evaluated by the Division. To file:

• Submit a complaint online at services.dcp.utah.gov
• Call the Division at (801) 530-6601
• Toll-free: 1-800-721-7233
• Attach all supporting documentation, including repair records and correspondence

The Division will review your complaint, investigate the facts, and provide an evaluation. Do not send original documents, as materials submitted will not be returned.

Step 6: File a Lawsuit (If Necessary)

After the Division investigates and evaluates your claim, you may file a civil lawsuit if the matter remains unresolved. Under the statute, the court may award reasonable attorney fees to the prevailing party in lemon law cases.

Manufacturer Defenses

Manufacturers may raise several affirmative defenses to avoid lemon law liability under Utah Code § 13-20-4(4).

Defense	Manufacturer's Argument	How to Counter
No substantial impairment of use	The defect does not affect how the consumer uses the vehicle	Document how the defect disrupts daily driving and reliability
No substantial impairment of value	The vehicle's market value has not significantly decreased	Obtain appraisals or dealer estimates showing diminished value
No substantial impairment of safety	The defect does not create a safety hazard	Provide evidence of safety risks, warning lights, or recalls
Consumer abuse or neglect	The defect resulted from consumer misuse	Maintain detailed maintenance records showing proper care
Unauthorized modifications	Aftermarket parts or alterations caused the problem	Show the defect existed before modifications or is unrelated

Used Vehicle Protections in Utah

Utah's New Motor Vehicle Warranties Act covers only new motor vehicles. However, used vehicle buyers are not entirely without legal options.

Limited Coverage Under the Lemon Law

• The statute applies to "new motor vehicles" with active manufacturer express warranties
• A subsequent purchaser who buys a vehicle still within the warranty period or one-year window may have some protections
• Once the warranty term and one-year period both expire, the lemon law no longer applies

Alternative Legal Protections for Used Car Buyers

• Federal Magnuson-Moss Warranty Act: Covers any vehicle with an unexpired manufacturer warranty or qualifying service contract, regardless of whether the buyer is the original purchaser
• Utah Consumer Sales Practices Act: Prohibits deceptive and unconscionable trade practices by dealers
• Common law claims: Breach of express or implied warranty, fraud, and misrepresentation
• FTC Used Car Rule: Requires dealers to display a Buyers Guide on every used vehicle, disclosing warranty terms or "as-is" status

Recreational Vehicle Trailer Mediation

Utah provides special mediation provisions for recreational vehicle trailers under Utah Code § 13-20-8. These provisions are separate from the standard lemon law process.

When Mediation Is Required

Owners of new recreational vehicle trailers (travel trailers, camping trailers, and fifth wheel trailers) and manufacturers must engage in mediation when all of the following conditions are met:

• The owner notified the manufacturer in writing about the nonconformity
• The defect affects the structural or functional integrity of the roof, subfloor, or wall
• The manufacturer has made at least four attempts to correct the problem
• The nonconformity persists after those four attempts
• The owner submitted a written request for mediation
• The defect substantially impairs the use, value, or safety of the trailer

How the Mediation Process Works

• Mediation takes place in the county where the trailer was purchased
• The Consumer Arbitration Program for Recreation Vehicles conducts the mediation
• The manufacturer pays all mediation costs
• If mediation fails to resolve the dispute, the owner retains the right to pursue other legal remedies

Key Deadlines and Time Limits

Meeting all applicable deadlines is critical to preserving your lemon law rights.

Deadline	Details
Reporting the defect	Must report during warranty term or within 1 year of delivery, whichever ends first
Repair attempts for presumption	Must occur within warranty term or 1 year of delivery, whichever ends first
Out-of-service days for presumption	Must accumulate within warranty term or 1 year of delivery, whichever ends first
Manufacturer dispute resolution	Must complete before seeking refund/replacement under § 13-20-4 (if manufacturer has qualifying program)
Division of Consumer Protection review	Must complete before filing any civil lawsuit

Note: The manufacturer must still honor repair obligations even after the warranty term or one-year period expires, as long as the nonconformity was first reported during the coverage period.

Tips for Strengthening Your Utah Lemon Law Claim

Follow these practical steps to give your claim the best chance of success:

• Always use authorized dealers for repairs. Repairs by independent mechanics may not count toward the four-attempt threshold.
• Describe the same symptoms consistently. Each repair order should reference the same defect so there is a clear record of repeated attempts.
• Request written repair orders every time. Never leave the dealership without documentation of your visit, even if the technician says nothing was found.
• Keep a personal log. Track every day your vehicle is in the shop, including drop-off and pickup dates.
• Send written notices. Notify the manufacturer in writing (certified mail or email with delivery confirmation) about the ongoing defect.
• Do not make unauthorized modifications. Aftermarket parts or modifications can give the manufacturer a defense to your claim.

More Utah Laws

• Utah Hit and Run Laws
• Utah Whistleblower Laws
• Utah Recording Laws
• Utah Dog Bite Laws
• Utah Statute of Limitations
• Utah Sexting Laws
• Utah Child Support Laws
• Utah Car Seat Laws