If you have purchased or leased a new automobile that has significant problems that can’t be repaired, you may have purchased what is commonly referred to as a “lemon”. Under Utah’s New Motor Vehicle Warranties act or the “Lemon Law”, you may be able to obtain relief from the car’s manufacturer.

Utah law defines a “lemon” as a car that has been purchased in Utah, is new and under warranty; weighs less than 12,000 pounds; has had a defect that “substantially impairs” with the use, market value or safety of the car and the manufacturer has tried to fix the defect at least 4 times OR the car has been out of service and you have been unable to drive the car for a total of thirty business days during the first year or the warranty period (which ever occurs less). Of course, the car’s defect cannot be a result of abuse, neglect or modification of the car. The manufacturer can also argue that the defect does not impair the use of the car nor lower the car’s value or interfere with its safety.

NOTE -- If your car does not start to have problems until after you have driven it a year or the express warranty has expired, you WILL NOT qualify for protection under Utah’s lemon law.

You must report the nonconformity or the defect to the manufacturer within the term of the express warranties or during the one-year period following the date of original delivery of the car to you, whichever is earlier. The manufacturer shall make repairs necessary to conform the vehicle to the express warranties. The repairs do not have to be completed within the warranty term or the one-year period.

After a reasonable number of attempts to repair the car and the problem remains unresolved, the manufacturer must replace the car with a comparable new car or accept return of the car and refund the customer the full purchase price including all collateral charges. The manufacturer may deduct a reasonable allowance for the consumer’s use of the car from the refund amount. 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 and during any other period when the consumer was able to drive the car and it was not out of service because of repair.