Lemon Law Demand Letter — Utah

LEMON LAW DEMAND LETTER — STATE OF UTAH

Utah New Motor Vehicle Warranties Act — Utah Code § 13-20-1 et seq.

SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND OVERNIGHT COURIER (SIGNATURE REQUIRED)

[__/__/____]

[MANUFACTURER LEGAL NAME]
ATTN: Legal Department / Consumer Affairs
[MANUFACTURER ADDRESS]

[SELLING / SERVICING DEALER]
ATTN: General Manager and Service Manager
[DEALER ADDRESS]
[CITY], UTAH [ZIP]

Re: Statutory Notice and Demand under the Utah New Motor Vehicle Warranties Act
Consumer: [________________________________]
Vehicle: [YEAR] [MAKE] [MODEL] [TRIM]
VIN: [________________________________]
Delivery Date: [__/__/____]
Current Odometer: [____] miles

Dear Sir/Madam:

This firm represents [CONSUMER FULL NAME] ("Consumer") in connection with Consumer's ownership of the above-referenced new motor vehicle. This letter is formal written notice under the Utah New Motor Vehicle Warranties Act, Utah Code § 13-20-1 through § 13-20-9 (commonly called "Utah's Lemon Law"), and demands the remedies specified in Utah Code § 13-20-3. This letter also preserves Consumer's rights under the federal Magnuson-Moss Warranty Act, 15 U.S.C. § 2301 et seq., and the Utah Consumer Sales Practices Act, Utah Code § 13-11-1 et seq.

I. UTAH NEW MOTOR VEHICLE WARRANTIES ACT — LEGAL FRAMEWORK

A. Statutory Scheme

Utah's Lemon Law is codified at Utah Code § 13-20-1 through § 13-20-9. It is administered and enforced (as to informal dispute settlement program certification) by the Utah Department of Commerce, Division of Consumer Protection, 160 East 300 South, Salt Lake City, Utah 84111.

B. Vehicles Covered — Utah Code § 13-20-2

A "motor vehicle" under Utah's Lemon Law means a self-propelled vehicle in which a person may ride, primarily designed for the transportation of persons or property over public highways, purchased or leased in Utah. The definition excludes:

☐ Motor homes (the drivable chassis portion of a motor home is excluded from Utah's Lemon Law, unlike several other states);
☐ Motorcycles;
☐ Farm tractors and other machines not designed primarily for highway use;
☐ Vehicles with a gross vehicle weight rating (GVWR) exceeding 12,000 pounds.

C. Lemon Law Rights Period — Utah Code § 13-20-2(4)

The "Lemon Law Rights Period" in Utah is defined as the shorter of:

1. The term of the manufacturer's express warranty; OR
2. One (1) year following the date of original delivery to the consumer of a new motor vehicle; OR
3. The first 12,000 miles of operation, whichever occurs first.

Utah's 1-year / 12,000-mile Rights Period is one of the shortest in the country. Many states provide 18 months / 18,000 miles or longer. Consumers in Utah must act quickly to preserve their rights.

D. Presumption of Reasonable Repair Attempts — Utah Code § 13-20-5

Utah Code § 13-20-5 creates a rebuttable presumption that a reasonable number of attempts to conform the vehicle have been undertaken if, within the Lemon Law Rights Period:

1. Four (4) or more attempts to repair the same nonconformity have been made; OR
2. The vehicle has been out of service by reason of repair for a cumulative total of thirty (30) or more business days.

Note: Utah uses business days, not calendar days, and the repair attempts must be for the same nonconformity.

E. Required Written Notice to Manufacturer — Utah Code § 13-20-5(2)

Utah Code § 13-20-5(2) requires that, before the presumption applies, the consumer must have directly notified the manufacturer (not just the dealer) of the nonconformity in writing and afforded the manufacturer a reasonable opportunity to repair the vehicle.

THIS LETTER CONSTITUTES THE WRITTEN DIRECT NOTICE REQUIRED BY UTAH CODE § 13-20-5(2).

F. Manufacturer's Informal Dispute Settlement Procedure — Utah Code § 13-20-4

If the manufacturer has established an Informal Dispute Settlement Procedure (IDSP) that the Utah Division of Consumer Protection has certified as substantially complying with 16 C.F.R. Part 703, the consumer must first resort to that IDSP before filing a civil action. Utah Code § 13-20-4. A certification request must be filed annually with the Division.

☐ Consumer is aware of a Utah-certified IDSP for [MANUFACTURER] and will participate.
☐ Consumer is not aware of any Utah-certified IDSP for [MANUFACTURER]; accordingly, Consumer may proceed directly to civil action without arbitration.

G. Remedies — Utah Code § 13-20-3

If the manufacturer is unable to conform the vehicle after a reasonable number of attempts, the manufacturer shall, at the consumer's option:

1. Replace the motor vehicle with a comparable new motor vehicle; OR
2. Accept return of the vehicle and refund:
   - The full purchase price (including all collateral charges — sales tax, license fee, registration fee, finance charges, and similar government charges and collateral charges);
   - Less a reasonable allowance for the consumer's use of the vehicle.

H. Utah's Statutory Use-Offset Formula — Utah Code § 13-20-3

Utah Code § 13-20-3 defines "reasonable allowance for use" by a specific statutory formula:

Use Offset = Full Purchase Price × (Miles Driven to First Report of Nonconformity ÷ 100,000)

That is — Utah uses a denominator of 100,000 miles and pins the numerator to the mileage at the date of the consumer's first report of the defect, not the mileage at surrender. This is different from California (denominator 120,000), Texas (based on months), and many other states.

I. Attorney Fees — Utah Code § 13-20-7

A prevailing consumer in a Utah Lemon Law civil action is entitled to recover reasonable attorney fees and court costs from the manufacturer. Utah Code § 13-20-7.

J. Remedies Cumulative — Utah Code § 13-20-6

Utah Code § 13-20-6 provides that the remedies under Chapter 20 are cumulative and do not affect the consumer's remedies under any other law, including the Uniform Commercial Code (Utah Code Title 70A), the Magnuson-Moss Warranty Act, or the Utah Consumer Sales Practices Act.

II. VEHICLE AND TRANSACTION INFORMATION

III. NATURE OF THE NONCONFORMITY

A. Description of the Defect(s)

The vehicle suffers from the following nonconformity/nonconformities that substantially impair its use, market value, and/or safety, in violation of the manufacturer's express written warranty:

Primary Nonconformity:

• Description: [________________________________]
• First Manifestation Date: [__/__/____]
• Odometer at First Manifestation: [____]
• Safety Impact: [________________________________]
• Use Impairment: [________________________________]
• Effect on Market Value: [________________________________]

Additional Nonconformities (if any):
[________________________________]

IV. REPAIR HISTORY (UTAH CODE § 13-20-5)

Repair Attempt 1

Repair Attempt 2

Repair Attempt 3

Repair Attempt 4

Summary Totals

V. QUALIFICATION UNDER UTAH CODE § 13-20-5

☐ Four-attempt branch: The same nonconformity has been subjected to at least four repair attempts within the 1-year / 12,000-mile Rights Period, satisfying Utah Code § 13-20-5(1)(a).

☐ Thirty-business-day branch: The vehicle has been out of service for cumulative repair attempts for thirty (30) or more business days within the Rights Period, satisfying Utah Code § 13-20-5(1)(b).

☐ Direct manufacturer notice: This letter satisfies the direct written notice requirement of Utah Code § 13-20-5(2), and affords [MANUFACTURER] a reasonable opportunity to cure.

VI. DEMAND FOR REMEDY — UTAH CODE § 13-20-3

Pursuant to Utah Code § 13-20-3, Consumer elects the following remedy:

☐ REPLACEMENT VEHICLE. [MANUFACTURER] shall deliver to Consumer a comparable new motor vehicle acceptable to Consumer (same or better trim, options, color, and equipment), together with payment of all collateral charges incurred for the replacement, within thirty (30) days.

☐ REPURCHASE / REFUND. [MANUFACTURER] shall accept return of the vehicle and refund to Consumer, with the amounts shown below:

Utah Code § 13-20-3 Refund Calculation

Use-offset calculation detail:
Full Purchase Price $[____] × ([____] miles at first report ÷ 100,000) = $[____] use offset.

The manufacturer shall also:

1. Pay off the lienholder in full directly;
2. Return any balance above the lien payoff to Consumer;
3. Reimburse all out-of-pocket incidentals under Utah Code § 13-20-3;
4. Pay Consumer's reasonable attorney fees and costs under Utah Code § 13-20-7.

VII. INFORMAL DISPUTE RESOLUTION (UTAH CODE § 13-20-4)

Please confirm within ten (10) business days whether [MANUFACTURER] has a Utah Division of Consumer Protection–certified IDSP currently in force. If so, Consumer will submit the matter to the IDSP as a prerequisite to civil action. Consumer reserves the right to reject any IDSP decision and proceed to Utah district court under Utah Code § 13-20-4(4).

If no Utah-certified IDSP exists, Consumer will proceed directly to civil action in the appropriate Utah district court.

VIII. DOCUMENT PRESERVATION / LITIGATION HOLD

[MANUFACTURER] and [DEALER] are hereby directed to preserve:

☐ All repair orders, technician notes, and warranty claim submissions for this VIN;
☐ All Technical Service Bulletins (TSBs), recalls, and engineering advisories relating to the nonconformity;
☐ All internal communications regarding known defect patterns in this vehicle line/model year;
☐ Warranty claim ratio data for the affected component;
☐ All customer complaints received through [MANUFACTURER]'s customer assistance center;
☐ Calibration and software version history for any affected control module;
☐ All communications between dealer and manufacturer regarding this VIN.

Failure to preserve may result in spoliation sanctions under Utah Rule of Civil Procedure 37.

IX. RESPONSE DEADLINE

[MANUFACTURER] must respond in writing within fourteen (14) calendar days of receipt of this letter, stating:

1. Whether [MANUFACTURER] accepts Consumer's elected remedy (replacement or refund);
2. Whether [MANUFACTURER] contends that the presumption of Utah Code § 13-20-5 has not been met, and the factual basis for that position;
3. Whether [MANUFACTURER] has a Utah-certified IDSP;
4. Proposed logistics for surrender of the vehicle if the refund remedy is accepted.

If a satisfactory response is not received, Consumer will: (a) submit the dispute to [MANUFACTURER]'s Utah-certified IDSP (if any); (b) file suit in the appropriate Utah district court seeking the statutory remedy plus attorney fees under Utah Code § 13-20-7; and (c) report the matter to the Utah Division of Consumer Protection and the Utah Attorney General's Consumer Protection Division.

X. UTAH-SPECIFIC NOTES

1. Short Rights Period. Utah's 1-year / 12,000-mile Lemon Law Rights Period is notably shorter than most states (which typically use 18 months / 18,000 miles or 2 years / 24,000 miles). Consumers must move quickly.

2. 100,000-mile denominator on use offset. Utah's § 13-20-3 formula uses 100,000 miles as the denominator and the mileage at first report of the defect (not at surrender). This favors consumers who report defects early.

3. Business days, not calendar days. The 30-day out-of-service threshold is calculated in business days. Weekends and Utah state holidays don't count.

4. GVWR 12,000 pounds cap. Utah excludes vehicles over 12,000 lbs GVWR (some states cap at 10,000 lbs). This provides slightly broader coverage for larger trucks and SUVs.

5. Motor home drivable chassis excluded. Unlike California and some other states that extend protection to the drivable chassis portion, Utah excludes motor homes entirely.

6. Direct manufacturer notice is mandatory. Utah Code § 13-20-5(2) specifically requires notice to the manufacturer, not just the dealer. Keep certified mail receipts.

7. IDSP is a true prerequisite. If the manufacturer has a Utah Division of Consumer Protection–certified IDSP, consumers must use it before suing. Ask the Division of Consumer Protection whether a certification is on file.

8. Attorney fees for prevailing consumer. Utah Code § 13-20-7 awards attorney fees to the prevailing consumer, making representation economically viable even for modest vehicles.

9. CSPA overlay. Willful misconduct by the manufacturer or dealer may also support a claim under the Utah Consumer Sales Practices Act (Utah Code § 13-11-1 et seq.), which provides a minimum of $2,000 statutory damages and attorney fees (Utah Code § 13-11-19).

10. District Court jurisdiction. Utah Lemon Law claims are ordinarily filed in Utah district court (not justice court), particularly where the claim value exceeds small claims jurisdiction.

XI. RESERVATION OF RIGHTS

This letter is written without prejudice to any right or remedy of Consumer, all of which are expressly reserved, including under Utah Code § 13-20-1 et seq., the Magnuson-Moss Warranty Act, the Utah Uniform Commercial Code, and the Utah Consumer Sales Practices Act.

Respectfully submitted,

[LAW FIRM NAME]

By: _________________________________
[ATTORNEY NAME]
Utah State Bar No. [____]
[ADDRESS]
[CITY], UTAH [ZIP]
Tel: [____]
Email: [________________________________]

Attorneys for [CONSUMER]

ENCLOSURES

☐ Copies of all repair orders
☐ Copy of purchase/lease agreement and Utah title application
☐ Copy of manufacturer's warranty booklet
☐ Photographs / videos of defect
☐ Prior correspondence with dealer and manufacturer
☐ Attorney representation authorization

cc:

• [CONSUMER]
• Utah Division of Consumer Protection, 160 East 300 South, Salt Lake City, UT 84111
• Lienholder (if any): [________________________________]
• File

SOURCES AND REFERENCES

• Utah Code § 13-20-1 et seq. — Utah New Motor Vehicle Warranties Act. https://le.utah.gov/xcode/Title13/Chapter20/13-20.html
• Utah Code § 13-20-2 — Definitions; Lemon Law Rights Period (1 year / 12,000 miles).
• Utah Code § 13-20-3 — Refund / replacement remedy; use-offset formula.
• Utah Code § 13-20-4 — Informal Dispute Settlement Procedures; Division of Consumer Protection certification.
• Utah Code § 13-20-5 — Four repair attempts or 30 business days out of service presumption.
• Utah Code § 13-20-6 — Cumulative remedies.
• Utah Code § 13-20-7 — Prevailing consumer attorney fees.
• Utah Code § 13-11-1 et seq. — Utah Consumer Sales Practices Act.
• 15 U.S.C. § 2301 et seq. — Magnuson-Moss Warranty Act.
• Utah Division of Consumer Protection — https://consumerprotection.utah.gov/
• Utah Attorney General Consumer Protection — https://attorneygeneral.utah.gov/

This template is for informational purposes only and does not constitute legal advice. Laws change frequently; verify current requirements with a licensed Utah attorney.