Definitions. As used in this article, unless the context otherwise
means the purchaser, other than for purposes of resale, of a motor vehicle
normally used for personal, family, or household purposes, any person to
whom such motor vehicle is transferred for the same purposes during the
duration of a manufacturer's express warranty for such motor vehicle, and
any other person entitled by the terms of such warranty to enforce the
obligations of the warranty.
(2) "Motor vehicle"
means a self-propelled private passenger vehicle, including pickup trucks
and vans, designed primarily for travel on the public highways and used to
carry not more than ten persons, which is sold to a consumer in this
state; except that the term does not include motor homes as defined in
section 42-1-102 (57) or vehicles designed to travel on three or fewer
wheels in contact with the ground.
means the written warranty, so labeled, of the manufacturer of a new motor
vehicle, including any terms or conditions precedent to the enforcement of
obligations under that warranty.
Repairs to conform vehicle to warranty.
If a motor vehicle does not conform to a warranty and the consumer
reports the nonconformity to the manufacturer, its agent, or its
authorized dealer during the term of such warranty or during a period of
one year following the date of the original delivery of the motor vehicle
to a consumer, whichever is the earlier date, the manufacturer, its agent,
or its authorized dealer shall make such repairs as are necessary to
conform the vehicle to such warranty, notwithstanding the fact that such
repairs are made after the expiration of such term or such one-year
Failure to conform vehicle to warranty - replacement or return of vehicle.
(1) If the manufacturer, its agent, or its
authorized dealer is unable to conform the motor vehicle to the warranty
by repairing or correcting the defect or condition which substantially
impairs the use and market value of such motor vehicle after a reasonable
number of attempts, the manufacturer shall, at its option, replace the
motor vehicle with a comparable motor vehicle or accept return of the
motor vehicle from the consumer and refund to the consumer the full
purchase price, including the sales tax, license fees, and registration
fees and any similar governmental charges, less a reasonable allowance for
the consumer's use of the motor vehicle. Refunds shall be made to the
consumer and lien holder, if any, as their interests may appear. A
reasonable allowance for use shall be that amount directly attributable to
use by the consumer and any previous consumer prior to the consumer's
first written report of the nonconformity to the manufacturer, agent, or
dealer and during any subsequent period when the vehicle is not out of
service by reason of repair.
It shall be presumed that a reasonable number of attempts have been
undertaken to conform a motor vehicle to the warranty if:
(I) The same nonconformity has been subject
to repair four or more times by the manufacturer, its agent, or its
authorized dealer within the warranty term or during a period of one year
following the date of the original delivery of the motor vehicle to the
consumer, whichever is the earlier date, but such nonconformity continues
to exist; or
(II) The motor vehicle is out of service by
reason of repair for a cumulative total of thirty or more business days of
the repairer during the term specified in subparagraph (I) of this
paragraph (a) or during the period specified in said subparagraph (I),
whichever is the earlier date.
(b) For the purposes of this subsection (2),
the term of a warranty, the one-year period, and the thirty-day period
shall be extended by any period of time during which repair services are
not available to the consumer because of war, invasion, strike, or fire,
flood, or other natural disaster.
(c) In no event shall a presumption under
paragraph (a) of this subsection (2) apply against a manufacturer unless
the manufacturer has received prior written notification by certified mail
from or on behalf of the consumer and has been provided an opportunity to
cure the defect alleged. Such defect shall count as one nonconformity
subject to repair under subparagraph (I) of paragraph (a) of this
(d) Every authorized motor vehicle dealer
shall include a form, containing the manufacturer's name and business
address, with each motor vehicle owner's manual on which the consumer may
give written notification of any defect, as such notification is required
by paragraph (c) of this subsection (2), and the form shall clearly and
conspicuously disclose that written notification by certified mail of the
nonconformity is required, in order for the consumer to obtain remedies
under this article.
(3) The court shall award reasonable attorney
fees to the prevailing side in any action brought to enforce the
provisions of this article.
(1) It shall be an affirmative defense to any
claim under this article that:
(a) An alleged nonconformity does not
substantially impair the use and market value of a motor vehicle; or
(b) A nonconformity is the result of abuse,
neglect, or unauthorized modifications or alterations of the motor vehicle
by a consumer.
Limitations on other rights and remedies.
Nothing in this article shall in any way limit the rights or remedies
which are otherwise available to a consumer under any other state law or
any federal law. Nothing in this article shall affect the other rights and
duties between the consumer and a seller, lessor, or lien holder of a
motor vehicle or the rights between any of them. Nothing in this article
shall be construed as imposing a liability on any authorized dealer with
respect to a manufacturer or creating a cause of action by a manufacturer
against its authorized dealer; except that failure by an authorized dealer
to properly prepare a motor vehicle for sale, to properly install options
on a motor vehicle, or to properly make repairs on a motor vehicle, when
such preparation, installation, or repairs would have prevented or cured a
nonconformity, shall be actionable by the manufacturer.
Applicability of federal procedures.
If a manufacturer has established or participates in an informal dispute
settlement procedure which substantially complies with the provisions of
part 703 of title 16 of the code of federal regulations, as from time to
time amended, the provisions of section 42-10-103 (1) concerning refunds
or replacement shall not apply to any consumer who has not first resorted
to such procedure.
Statute of limitations.
Any action brought to enforce the provisions of this article shall be
commenced within six months following the expiration date of any warranty
term or within one year following the date of the original delivery of a
motor vehicle to a consumer, whichever is the earlier date; except that
the statute of limitations shall be tolled during the period the consumer
has submitted to arbitration under section 42-10-106.