Last verified: February 2026
Key Points
- Primary Law: New Motor Vehicle Warranties Act (Utah Code § 13-20-1 to 13-20-8)
- Coverage: New cars, trucks under 12,000 lbs, motorcycles designed for highway use, and motor home chassis
- Presumption: 4+ repair attempts for same defect OR 30+ business days out of service within warranty or 1 year
- Remedies: Replacement with comparable new vehicle or full refund less reasonable use allowance
- Enforcement: Utah Division of Consumer Protection investigates claims before consumer can file lawsuit
- Attorney Fees: Court may award attorney fees to prevailing party in lawsuit
Quick Penalties Overview
| Violation Type | Consumer Remedy | Additional Damages |
|---|---|---|
| Failure to repair substantial defect | Replacement or refund | Collateral charges refunded |
| Failure to honor warranty | Repair at no charge | Potential attorney fees if litigation required |
| Violation of consumer protection laws | Actual damages | Federal Magnuson-Moss claims available |
Table of Contents
📑 Table of Contents (click to expand)
- The Utah New Motor Vehicle Warranties Act
- What Vehicles Are Covered
- Utah’s Lemon Law Presumption
- Consumer Remedies: Refund vs. Replacement
- How to File a Lemon Law Claim
- Manufacturer Defenses
- Used Vehicle Protections
- Recreational Vehicle Trailers
- Statute of Limitations
- Frequently Asked Questions
- Resources and Legal Help
The Utah New Motor Vehicle Warranties Act
Utah’s lemon law, officially titled the New Motor Vehicle Warranties Act (Utah Code § 13-20-1 to 13-20-8), provides protection for consumers who purchase or lease new motor vehicles with substantial defects that cannot be repaired. The law was significantly updated in 2009 with new standards that differ from the previous Motor Vehicle Warranty Rights Act.
The Utah lemon law requires manufacturers to either replace a defective new vehicle with a comparable new vehicle or refund the full purchase price when they are unable to repair a substantial nonconformity after a reasonable number of attempts. The law works in conjunction with the federal Magnuson-Moss Warranty Act, giving Utah consumers multiple avenues for relief.
A unique feature of Utah’s lemon law is the requirement that consumers must have their claim investigated and evaluated by the Division of Consumer Protection before filing a lawsuit. This administrative step helps filter claims and may facilitate early resolution.
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 sold in Utah
- Trucks: Pickup trucks and other vehicles under 12,000 pounds gross laden weight
- Motor homes: Self-propelled vehicle and chassis only (not the living quarters)
- Motorcycles: Only those designed primarily for use on paved highways
- SUVs and vans: Under 12,000 pounds gross laden weight
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 homes and farm tractors)
- Off-road motorcycles designed for unimproved terrain
- Electric assisted bicycles
- Mopeds
- Motor assisted scooters
- Motor-driven cycles
- Vehicles purchased for resale
Who Qualifies as a Consumer
Under Utah law, a “consumer” means an 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.
Utah’s Lemon Law Presumption
Under Utah Code § 13-20-5, the law creates a presumption that a reasonable number of repair attempts have been made if certain conditions are met. When this presumption applies, the burden shifts to the manufacturer to prove the vehicle does not qualify as a lemon.
The Lemon Law Presumption Applies When:
| Condition | Requirement | Time Period |
|---|---|---|
| Repair Attempts (Same Problem) | 4 or more attempts | Within warranty term or 1 year from delivery (whichever is earlier) |
| Days Out of Service | 30 or more business days | Within warranty term or 1 year from delivery (whichever is earlier) |
Important note: Utah uses business days rather than calendar days for the out-of-service calculation, which is more favorable to manufacturers than laws using calendar days.
What Qualifies as “Substantially Impairs”?
For the lemon law to apply, the defect must substantially impair the use, market value, or safety of the motor vehicle. Manufacturers may defend by arguing that:
- The alleged nonconformity does not substantially impair the consumer’s use of the vehicle
- The alleged nonconformity does not substantially impair the market value of the vehicle
- The alleged nonconformity does not substantially impair the safety of the vehicle
Extension of Time Periods
The warranty term, one-year period, and 30-day period may be extended by any time during which repair services are unavailable due to:
- War
- Invasion
- Strike
- Fire
- Flood
- Other natural disaster
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
- Same make and model with similar features
- All applicable warranties intact
Option 2: Full Refund (Buyback)
The manufacturer must accept return of the vehicle and provide a full refund including:
- Full purchase price: The amount paid for the vehicle
- All collateral charges: Sales tax, license fees, registration fees, and similar charges
Reasonable Allowance for Use
The manufacturer may deduct a reasonable allowance for use. Under Utah law, this is calculated as:
- The amount directly attributable to use by the consumer prior to the first report of the nonconformity
- Plus use during any period when the vehicle was not out of service for repair
Title Transfer Requirements
Upon receiving any refund or replacement, the consumer, lienholder, or lessor must furnish to the manufacturer:
- Clear title to the vehicle
- Possession of the motor vehicle
How to File a Lemon Law Claim in Utah
Utah has a unique requirement that claims must first be evaluated by the Division of Consumer Protection before a consumer can file a lawsuit.
Step 1: Document Everything
- Keep all repair orders and invoices
- Record the dates your vehicle was in the shop
- Note the specific symptoms and complaints
- Save all correspondence with dealer and manufacturer
- Take photos or videos of defects
Step 2: Report Nonconformity During Coverage Period
Report the nonconformity to the manufacturer, its agent, or authorized dealer during:
- The term of the express warranties, OR
- Within one year following original delivery
- Whichever is earlier
Step 3: Allow Repair Attempts
Give the manufacturer a reasonable opportunity to repair the vehicle. To trigger the presumption, this typically means:
- At least 4 repair attempts for the same problem, OR
- 30 business days out of service for repairs
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 (16 CFR Part 703), you must use that procedure before you can receive a refund or replacement under Section 13-20-4.
Step 5: File Complaint with Division of Consumer Protection
Before filing a lawsuit, you must have your claim investigated and evaluated by the Utah Division of Consumer Protection. Contact them at:
- Online complaint submission at dcp.utah.gov
- Phone: (801) 530-6601
- Toll-free: 1-800-721-7233
Step 6: File Lawsuit (If Necessary)
After the Division investigates and evaluates your claim, you may file a civil lawsuit if the matter is not resolved. The court may award attorney fees to the prevailing party.
Manufacturer Defenses
Manufacturers may raise several affirmative defenses to avoid lemon law liability under Utah Code § 13-20-4(4).
Common Manufacturer Defenses
| Defense | Manufacturer’s Argument | Consumer’s Counter |
|---|---|---|
| No substantial impairment of use | Defect does not substantially impair how consumer uses vehicle | Document how defect affects daily driving and reliability |
| No substantial impairment of value | Market value is not significantly reduced | Obtain appraisals or market comparisons showing diminished value |
| No substantial impairment of safety | Defect does not create safety risk | Document safety concerns and potential hazards |
| Consumer abuse or neglect | Nonconformity resulted from consumer misuse | Provide maintenance records showing proper care |
| Unauthorized modifications | Aftermarket parts or alterations caused problem | Show defect existed before modifications or is unrelated |
Used Vehicle Protections
Utah’s New Motor Vehicle Warranties Act specifically covers new motor vehicles. Used vehicle buyers have more limited protections under this statute.
Limited Coverage Under State Law
- The law applies to “new motor vehicles” with manufacturer express warranties
- Subsequent purchasers during the warranty period may have some protections
- Vehicles must still be within the warranty term or one-year period
Alternative Protections for Used Vehicle Buyers
- Federal Magnuson-Moss Warranty Act: Covers vehicles with unexpired warranties or service contracts
- Utah Consumer Sales Practices Act: Prohibits deceptive trade practices
- Common law claims: Breach of warranty, fraud, or misrepresentation
- Dealer disclosure requirements: Dealers must disclose certain information about used vehicles
Recreational Vehicle Trailers
Utah provides special mediation provisions for recreational vehicle trailers under Utah Code § 13-20-8.
Mediation Requirements for RV Trailers
Owners of new recreational vehicle trailers (travel trailers, camping trailers, fifth wheel trailers) and manufacturers must engage in mediation if:
- The owner notifies the manufacturer in writing of the nonconformity
- The nonconformity affects the structural or functional integrity of the roof, subfloor, or wall
- The manufacturer has made at least four attempts to correct the nonconformity
- The nonconformity persists after four attempts
- The owner submits a written request for mediation
- The nonconformity substantially impairs use, value, or safety
Mediation Process
- Mediation takes place in the county where the trailer was purchased
- The Consumer Arbitration Program for Recreation Vehicles conducts the mediation
- The manufacturer pays the cost of mediation
- Mediation failure does not prevent other legal remedies
Statute of Limitations
Utah’s lemon law has specific time limitations for reporting defects and seeking relief:
| Time Requirement | Details |
|---|---|
| Reporting nonconformity | During warranty term or within 1 year of delivery (whichever is earlier) |
| Repair attempts for presumption | Within warranty term or 1 year of delivery (whichever is earlier) |
| Days out of service for presumption | Within warranty term or 1 year of delivery (whichever is earlier) |
Note: The manufacturer must still make repairs even after the warranty term or one-year period expires, as long as the nonconformity was reported during the coverage period.
Frequently Asked Questions
How many repair attempts does Utah require before a vehicle is considered a lemon?
Under Utah’s lemon law presumption, a vehicle may qualify as a lemon after four or more repair attempts for the same nonconformity, or if the vehicle has been out of service for 30 or more cumulative business days for repairs. These conditions must occur within the warranty term or one year from delivery, whichever is earlier.
Does Utah use calendar days or business days for the out-of-service calculation?
Utah uses business days, not calendar days, for calculating the 30-day out-of-service period. This is an important distinction that can affect when your vehicle qualifies under the presumption.
Do I have to use the manufacturer’s dispute resolution program?
Yes, if the manufacturer has an informal dispute settlement procedure that complies with federal FTC regulations (16 CFR Part 703), you must use that procedure before you can receive a refund or replacement under Utah’s lemon law.
Can I file a lawsuit without going through the Division of Consumer Protection?
No. Under Utah Code § 13-20-6, an action may be commenced by a consumer only after the claim has been investigated and evaluated by the Division of Consumer Protection.
Does Utah’s lemon law cover motor homes?
Utah’s lemon law covers the self-propelled vehicle and chassis of motor homes, but does not cover the portions designated, used, or maintained primarily as a mobile dwelling, office, or commercial space.
What is the reasonable use allowance in a Utah lemon law buyback?
The reasonable allowance for use is the amount directly attributable to use by the consumer before the first report of the nonconformity, plus use during periods when the vehicle was not out of service for repair. The specific calculation method is not prescribed by statute.
Does Utah’s lemon law cover motorcycles?
Utah’s lemon law covers motorcycles only if they are designed primarily for use and operation on paved highways. Off-road motorcycles designed primarily for unimproved terrain are not covered.
Resources and Legal Help
Official Resources
- Utah New Motor Vehicle Warranties Act (Full Text)
- Utah Division of Consumer Protection
- Utah Attorney General’s Office
- Federal Magnuson-Moss Warranty Act