Can We Get Relief for a Vehicle That's Been in the Shop Since We Bought It in Utah?

Attorney Answer

Whether Utah's Lemon Law applies depends on one key fact: was this vehicle new or used when you bought it? That distinction determines your legal path.

If it was a new vehicle still under the manufacturer's warranty, Utah's New Motor Vehicle Warranties Act, Utah Code 13-20-1 and following (commonly called the Lemon Law), can require the manufacturer to repurchase or replace it. Pay close attention to the window, though, because it is not the whole warranty period. Under Utah Code 13-20-3, you have to report the nonconformity to the manufacturer, its agent, or its authorized dealer during the term of the express warranties or during the one-year period following the date of original delivery, whichever is earlier. And under Utah Code 13-20-5(1), the presumption that the manufacturer has had a reasonable number of repair attempts is met when the same nonconformity has been subject to repair four or more times, or the vehicle has been out of service for repair for a cumulative total of 30 or more business days — measured, again, within the express warranty term or that one-year period, whichever is earlier. You are six months in, so if your factory warranty runs three or five years, the one-year period is the earlier one and roughly half of it has already run. Six months of the vehicle mostly sitting in the shop is exactly the pattern this law is built to address, but the repair attempts have to fall inside that window, so report the problem in writing now if you have not already.

If it was a used vehicle, the Lemon Law generally does not apply, but you likely still have options. Utah law implies a warranty of merchantability under the Uniform Commercial Code, Utah Code 70A-2-314, meaning a vehicle sold by a dealer should work for its ordinary purpose unless that warranty was properly disclaimed in writing, commonly with "as-is" language. If the dealership made specific promises about the vehicle's condition that turned out to be false, the Utah Consumer Sales Practices Act, Utah Code 13-11-1 and following, may also apply. And if any part of the deal came with a written warranty, the federal Magnuson-Moss Warranty Act can provide additional remedies.

What to do next

1. Pull your purchase contract and confirm whether it says "as-is" or includes any warranty language. 2. Get copies of every repair order from the shop. The pattern of repeat visits for the same problem is your strongest evidence either way. 3. Send the dealership or manufacturer a written demand describing the repair history and what you want, whether repurchase, replacement, or repair, and keep a copy. 4. If that doesn't resolve it, a consumer protection attorney can evaluate whether the Lemon Law, a warranty claim, or a consumer protection claim fits your facts best.

This is general legal information, not legal advice. A local lawyer in Utah can advise you on your specific situation.