13-20-4 - Nonconforming motor vehicles -- Replacement -- Refund -- Criteria -- Defenses. - Utah Statutes

13-20-4. Nonconforming motor vehicles -- Replacement -- Refund -- Criteria --Defenses.
(1) If the manufacturer, its agent, or its authorized dealer is unable to conform the motorvehicle to any applicable express warranty by repairing or correcting any defect or condition thatsubstantially impairs the use, market value, or safety of the motor vehicle after a reasonablenumber of attempts, the manufacturer shall replace the motor vehicle with a comparable newmotor vehicle or accept return of the vehicle from the consumer and refund to the consumer thefull purchase price including all collateral charges, less a reasonable allowance for the consumer'suse of the vehicle. Refunds shall be made to the consumer, and any lienholders or lessors as theirinterests may appear.
(2) A reasonable allowance for use is that amount directly attributable to use by theconsumer prior to his first report of the nonconformity to the manufacturer, its agent, or itsauthorized dealer, and during any subsequent period when the vehicle is not out of servicebecause of repair.
(3) Upon receipt of any refund or replacement under Subsection (1), the consumer,lienholder, or lessor shall furnish to the manufacturer clear title to and possession of the motorvehicle.
(4) It is an affirmative defense to any claim under this chapter:
(a) that an alleged nonconformity does not substantially impair the consumer's use of themotor vehicle and does not substantially impair the market value or safety of the motor vehicle; or
(b) that an alleged nonconformity is the result of abuse, neglect, or unauthorizedmodifications or alterations of a motor vehicle by a consumer.

Amended by Chapter 249, 1990 General Session