Lemon Law Complaint - Utah

IN THE [________________________________] JUDICIAL DISTRICT COURT

[________________________________] COUNTY, STATE OF UTAH

[PLAINTIFF FULL LEGAL NAME], Plaintiff

v.

[MANUFACTURER LEGAL NAME], Defendant

Civil No. [________________________________]

Judge [________________________________]

COMPLAINT UNDER THE UTAH NEW MOTOR VEHICLE WARRANTIES ACT

Plaintiff alleges as follows:

1. PARTIES

1. Plaintiff [________________________________] is an individual residing in [________________________________] County, Utah.

2. Plaintiff entered into an agreement or contract to [purchase / lease / receive transfer of] a new motor vehicle other than for resale or sublease during the period described in Utah Code § 13-20-5. Plaintiff is therefore a consumer under Utah Code § 13-20-2(1).

3. Defendant [________________________________] is the [manufacturer / importer / distributor / warrantor named on the express written warranty] for the vehicle. See Utah Code § 13-20-2(2).

4. The authorized dealer involved in the transaction or repairs was [________________________________]. Plaintiff does not assert liability against that dealer under Chapter 20 unless counsel separately pleads a written express warranty made by the dealer apart from the manufacturer's warranty. See Utah Code § 13-20-6(2).

2. JURISDICTION AND VENUE

5. This action arises under the Utah New Motor Vehicle Warranties Act, Utah Code §§ 13-20-1 through 13-20-8.

6. Before commencing this action, Plaintiff's claim was investigated and evaluated by the Utah Division of Consumer Protection as required by Utah Code § 13-20-6(1).

7. Counsel has confirmed that this Court has subject-matter jurisdiction and that venue is proper in this county under current Utah law.

3. VEHICLE, TRANSACTION, AND COVERAGE

8. The transaction and vehicle are:

9. Before Plaintiff's transaction, the vehicle had never been titled or registered and had been driven fewer than 7,500 miles. See Utah Admin. Code R152-20-2.

10. The vehicle was sold in Utah and is a covered motor vehicle under Utah Code § 13-20-2(4). Complete the applicable allegation:

• ☐ A motor vehicle as defined in Utah Code § 41-1a-102;
• ☐ A motorcycle designed primarily for use and operation on paved highways; or
• ☐ The self-propelled vehicle and chassis portion of a motor home.

11. The vehicle is not a road tractor, truck tractor, mobile home, off-road motorcycle, electric-assisted bicycle, moped, motor-assisted scooter, or other excluded vehicle. Its gross laden weight is not over 14,000 pounds, unless it is a motor home or farm tractor within the statutory exception. Utah Code § 13-20-2(4)(b).

12. This pleading does not use the ordinary motor-vehicle remedy track for a recreational vehicle trailer. Utah Code § 13-20-8 provides a separate mediation process for specified roof, subfloor, or wall nonconformities in a new travel trailer, camping trailer, or fifth-wheel trailer.

4. EXPRESS WARRANTY, REPORT, AND REPAIRS

13. Defendant issued an express written warranty covering [________________________________] through [date / mileage / other term].

14. On [__/__/____], within the earlier of the express-warranty term or one year after original delivery, Plaintiff reported the following nonconformity to Defendant, its agent, or its authorized dealer: [________________________________]. See Utah Code § 13-20-3.

15. The defect or condition substantially impairs the vehicle's [use / market value / safety] because [________________________________].

16. Defendant, its agent, or its authorized dealer attempted repair as follows:

17. Complete every applicable allegation under Utah Code § 13-20-5(1):

• ☐ The same nonconformity was subject to repair four or more times within the earlier of the express-warranty term or one year after original delivery, and continues to exist.
• ☐ The vehicle was out of service because of repair for at least 30 cumulative business days within that period.
• ☐ Even if a statutory presumption is disputed, the actual repair history establishes a reasonable number of attempts: [________________________________].

18. Any extension for a period when repair services were unavailable because of war, invasion, strike, fire, flood, or other natural disaster is [not applicable / calculated as follows: ________________________________]. See Utah Code § 13-20-5(2).

5. INFORMAL DISPUTE PROCEDURE AND DIVISION REVIEW

19. Select and complete the applicable allegation under Utah Code § 13-20-7:

• ☐ Defendant maintained an informal dispute settlement procedure complying with 16 C.F.R. Part 703, and Plaintiff first resorted to it on [__/__/____]. The procedure concluded on [__/__/____].
• ☐ Defendant did not maintain a qualifying procedure applicable to this claim.
• ☐ Other basis showing compliance with § 13-20-7: [________________________________].

20. Plaintiff submitted the claim to the Utah Division of Consumer Protection on [__/__/____].

21. The Division investigated and evaluated the claim. Its [evaluation / closure letter / other record] dated [__/__/____] is attached as Exhibit [____].

6. CLAIM — UTAH NEW MOTOR VEHICLE WARRANTIES ACT

22. Plaintiff incorporates the preceding allegations.

23. Defendant was unable to conform the vehicle to the applicable express warranty after a reasonable number of attempts.

24. Under Utah Code § 13-20-4(1), Defendant must replace the vehicle with a comparable new motor vehicle or accept its return and refund the full purchase price, including all collateral charges, less a reasonable allowance for use.

25. Plaintiff prefers [replacement / refund], without alleging that § 13-20-4 grants Plaintiff an absolute election between those remedies.

26. The reasonable allowance is limited to use before the first report and later periods when the vehicle was not out of service for repair. Utah Code § 13-20-4(2). The mileage rate is subject to the cap in Utah Admin. Code R152-20-2.

27. The nonconformity is not the result of Plaintiff's abuse, neglect, or unauthorized modification or alteration. It substantially impairs [use / market value / safety]. See Utah Code § 13-20-4(4).

7. REQUEST FOR RELIEF

Plaintiff requests judgment awarding:

1. Replacement with a comparable new motor vehicle or return and refund under Utah Code § 13-20-4(1);
2. Allocation of any refund among Plaintiff, lienholders, and lessors as their interests appear;
3. A reasonable allowance for use calculated under § 13-20-4(2) and Utah Admin. Code R152-20-2;
4. Attorney fees if the Court exercises its discretion to award them to Plaintiff as the prevailing party under Utah Code § 13-20-6(4);
5. Recoverable costs and interest only to the extent authorized by applicable law; and
6. Other relief the Court determines is available and proper.

8. SIGNATURE

Respectfully submitted,

[LAW FIRM NAME]

By: ________________________________

[Attorney Name], Utah Bar No. [__________]

[Address]

[Telephone]

[Email]

Counsel for Plaintiff

EXHIBIT CHECKLIST

• ☐ Purchase, lease, or transfer documents
• ☐ Title and registration history
• ☐ Express written warranty
• ☐ Repair orders and invoices
• ☐ Business-day out-of-service calculation
• ☐ First report and later correspondence
• ☐ Informal dispute procedure submission and result, if applicable
• ☐ Division of Consumer Protection complaint and evaluation
• ☐ Use-allowance calculation
• ☐ Lien or lease payoff information

SOURCES AND REFERENCES

• Utah Legislature — New Motor Vehicle Warranties Act index
• Utah Legislature — current § 13-20-2 definitions, effective May 6, 2026
• Utah Legislature — current § 13-20-4 replacement, refund, use allowance, and defenses
• Utah Legislature — § 13-20-5 reasonable-attempt presumptions
• Utah Legislature — § 13-20-6 enforcement and Division prerequisite
• Utah Legislature — § 13-20-7 informal dispute procedure
• Utah Legislature — § 13-20-8 recreational vehicle trailer mediation
• Utah Office of Administrative Rules — current R152-20