LEMON LAW DEMAND LETTER

STATE OF UTAH

SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
OVERNIGHT DELIVERY - SIGNATURE REQUIRED
AND FIRST-CLASS MAIL

[DATE]

[MANUFACTURER NAME]
ATTN: Customer Relations / Legal Department
[MANUFACTURER ADDRESS]
[CITY, STATE ZIP]

[DEALER NAME]
ATTN: General Manager / Service Manager
[DEALER ADDRESS]
[CITY, STATE ZIP]

Re: UTAH LEMON LAW DEMAND - STATUTORY NOTICE
Consumer/Owner: [CONSUMER FULL NAME]
Vehicle: [YEAR] [MAKE] [MODEL] [TRIM LEVEL]
VIN: [VEHICLE IDENTIFICATION NUMBER]
Purchase/Lease Date: [DATE]
Current Mileage: [MILEAGE]

Dear Sir or Madam:

This law firm represents [CONSUMER FULL NAME] ("Consumer" or "Client") in connection with the purchase/lease of the above-referenced vehicle, which qualifies as a "lemon" under the Utah New Motor Vehicle Warranties Act, Utah Code Ann. Section 13-20-1 et seq., and the federal Magnuson-Moss Warranty Act, 15 U.S.C. Section 2301 et seq. This letter constitutes formal notice of our Client's claim and demand for repurchase or replacement of the defective vehicle.

I. UTAH LEMON LAW FRAMEWORK

A. Statutory Authority

This demand is made pursuant to the Utah New Motor Vehicle Warranties Act, Utah Code Ann. Section 13-20-1 et seq., commonly known as Utah's Lemon Law, which provides protection to consumers who purchase or lease new motor vehicles that fail to conform to express warranties.

B. Covered Vehicles

Under Utah Code Ann. Section 13-20-2, a "motor vehicle" means:
- A self-propelled vehicle purchased or leased in Utah
- A vehicle primarily designed for the transportation of persons or property over public highways
- Excludes: Motor homes, motorcycles, and vehicles with a gross vehicle weight rating over 12,000 pounds

The vehicle that is the subject of this demand is a [YEAR] [MAKE] [MODEL] that was purchased/leased new and is covered under Utah's Lemon Law.

C. Coverage Period

Utah's Lemon Law applies during:
- The Lemon Law Rights Period: The term of the express warranty OR one year following the date of original delivery, whichever comes first. Utah Code Ann. Section 13-20-3(1).

D. Presumption of Nonconformity

Under Utah Code Ann. Section 13-20-5, there is a rebuttable presumption that a reasonable number of attempts have been made if:

1. Same Nonconformity: The same nonconformity has been subject to repair four (4) or more times without success; OR

2. Days Out of Service: The vehicle has been out of service by reason of repair for 30 or more business days (need not be consecutive).

E. Manufacturer Notice Requirement

Under Utah Code Ann. Section 13-20-5(2), the consumer must provide written notification to the manufacturer of the nonconformity. The manufacturer must be given a reasonable opportunity to cure the nonconformity after receiving such notice.

THIS LETTER CONSTITUTES THE REQUIRED WRITTEN NOTIFICATION.

II. VEHICLE INFORMATION

III. WARRANTY INFORMATION

A. Manufacturer's Warranty

The defects complained of arose during the applicable warranty period and remain unresolved.

IV. DEFECT DESCRIPTION

A. Nature of Defect(s)

The vehicle suffers from one or more nonconformities that substantially impair its use, market value, or safety as required under Utah Code Ann. Section 13-20-3:

PRIMARY DEFECT:
- Description: [DETAILED DESCRIPTION OF DEFECT]
- First Occurrence: [DATE AND MILEAGE]
- Symptoms: [HOW DEFECT MANIFESTS]
- Safety Impact: [ ] Yes [ ] No - [IF YES, DESCRIBE]
- Use Impairment: [HOW DEFECT AFFECTS VEHICLE USE]
- Value Impairment: [HOW DEFECT AFFECTS VEHICLE VALUE]

ADDITIONAL DEFECT(S):
[REPEAT FORMAT FOR EACH ADDITIONAL DEFECT]

V. REPAIR HISTORY

Repair Attempt #1

Repair Attempt #2

Repair Attempt #3

Repair Attempt #4

[ADD ADDITIONAL REPAIR ATTEMPTS AS NEEDED]

Summary of Repair Attempts

VI. LEMON LAW QUALIFICATION

A. Utah Lemon Law Presumption Met

Our Client's vehicle qualifies as a lemon under Utah law because:

[ ] Repair Attempt Threshold Met:
The same nonconformity has been subject to repair [NUMBER] times, exceeding the 4-repair threshold under Utah Code Ann. Section 13-20-5(1)(a).

[ ] Days Out of Service Threshold Met:
The vehicle has been out of service for repair for [NUMBER] business days, exceeding the 30-day threshold under Utah Code Ann. Section 13-20-5(1)(b).

B. Magnuson-Moss Warranty Act

In addition to state law claims, our Client has claims under the federal Magnuson-Moss Warranty Act, 15 U.S.C. Section 2301 et seq., which provides for attorney's fees to prevailing consumers.

VII. ARBITRATION NOTICE

Under Utah Code Ann. Section 13-20-6, if [MANUFACTURER] sponsors an informal dispute settlement procedure that is certified by the Utah Division of Consumer Protection as complying with 16 C.F.R. Part 703, the consumer must first submit the dispute to that procedure before bringing a civil action.

[ ] [MANUFACTURER] has a state-certified arbitration program. Our Client will participate in the process but is not bound by the decision and may reject it and proceed to court.

[ ] [MANUFACTURER] does not have a state-certified informal dispute settlement procedure in Utah, and therefore the consumer may proceed directly to court.

VIII. DEMAND FOR RELIEF

Pursuant to Utah Code Ann. Section 13-20-3, we hereby demand:

A. Primary Relief (Choose One)

[ ] REPURCHASE/REFUND

Under Utah Code Ann. Section 13-20-3(2)(a), the manufacturer must refund:

The reasonable allowance for use is calculated by multiplying the full contract price by a fraction having as its denominator 100,000 and the number of miles the vehicle was driven prior to the consumer's first report of the nonconformity to the manufacturer, agent, or dealer as its numerator. Utah Code Ann. Section 13-20-3(2)(a).

[ ] REPLACEMENT

Under Utah Code Ann. Section 13-20-3(2)(b), the manufacturer must provide a comparable new motor vehicle acceptable to the consumer.

B. Additional Relief

1. Attorney's Fees and Costs: Under Utah Code Ann. Section 13-20-7, a prevailing consumer may recover reasonable attorney's fees and costs.

2. Civil Penalty: Available for willful violations of the statute.

3. Loan/Lease Payoff: The manufacturer must pay off any outstanding balance to the lienholder.

4. Incidental Damages: All incidental damages including rental car expenses, towing charges, and other costs incurred as a result of the nonconformity.

IX. FINAL REPAIR OPPORTUNITY

This letter provides [MANUFACTURER] with the written notice and reasonable opportunity to repair required under Utah Code Ann. Section 13-20-5(2).

Please contact the undersigned within ten (10) business days to schedule a final repair attempt. If the defect is not cured within a reasonable time, our Client will proceed with arbitration (if required) and/or litigation.

X. DOCUMENT PRESERVATION

You are hereby directed to preserve all documents and records relating to this vehicle, including:

• All repair orders and warranty claims
• All technical service bulletins related to the defect
• All customer complaints regarding similar defects
• All communications between dealer and manufacturer
• All engineering documents and analyses
• The vehicle itself (do not destroy, sell, or alter)

XI. RESPONSE DEADLINE

Please respond to this demand in writing within fourteen (14) days of the date of this letter with:

1. Your position on whether the vehicle qualifies as a lemon
2. Your offer for repurchase or replacement
3. Scheduling of a final repair opportunity, if desired

If we do not receive a satisfactory response, our Client will:

[ ] Submit this matter to the manufacturer's certified arbitration program
[ ] File suit in the appropriate Utah court
[ ] Report this matter to the Utah Division of Consumer Protection

XII. CONCLUSION

Our Client has provided [MANUFACTURER] with ample opportunity to repair this vehicle. The vehicle continues to suffer from substantial defects that impair its use, value, and safety. Our Client is entitled to a refund or replacement under Utah law.

We urge you to resolve this matter promptly and avoid unnecessary litigation.

Respectfully submitted,

[LAW FIRM NAME]

By: _________________________________
[ATTORNEY NAME]
[BAR NUMBER]
[ADDRESS]
[CITY, STATE ZIP]
[TELEPHONE]
[EMAIL]

Attorneys for [CONSUMER FULL NAME]

ENCLOSURES:
[ ] Copies of all repair orders
[ ] Copy of purchase/lease agreement
[ ] Copy of warranty booklet
[ ] Vehicle registration
[ ] Photographs/videos of defect
[ ] Prior correspondence with manufacturer

cc: [CONSUMER NAME]
[LIENHOLDER, if applicable]
Utah Division of Consumer Protection

UTAH LEMON LAW QUICK REFERENCE

PRACTICE NOTES FOR UTAH

1. Higher GVWR Limit: Utah excludes vehicles over 12,000 pounds GVWR (vs. 10,000 in many states), providing slightly broader coverage.

2. Business Days Calculation: Utah uses business days (not calendar days) for the 30-day out-of-service calculation. Count accurately.

3. Four Repair Attempts Required: Utah requires 4 repair attempts (vs. 3 in some states). Ensure the client meets this threshold.

4. State-Certified Arbitration: Utah requires the arbitration program to be certified by the Division of Consumer Protection.

5. 18-Month/18,000-Mile Deadline: Claims must be brought within 18 months of delivery or 18,000 miles. This is a relatively short window.

6. Reasonable Opportunity to Repair: The statute requires a "reasonable opportunity" to repair after notice, not a specific number of days.

7. Written Notice Critical: The statute requires written notice to the manufacturer. This letter satisfies that requirement.

8. Document Everything: Maintain detailed records of all repair attempts, including dates, mileage, and repair orders.

This template is for informational purposes only and does not constitute legal advice. Consult a licensed Utah attorney before use.