Important Utah Lemon Law Deadlines
Utah car customers can seek relief from a defective warrantied vehicle through two separate laws: the Utah state lemon law, and the federal Magnuson-Moss Warranty Act.
Both state lemon law and the Magnuson-Moss Warranty Act help protect consumers who unknowingly purchase defective vehicles, known as “lemons,” and compensate them for their losses. There are certain limitations, however, to whom the laws can help and when. Knowing which law to use when seeking relief can help your case resolve efficiently and fairly.
Consumers in Utah must file a state lemon law complaint within four years from the date the defect is discovered. For example, if a consumer buys a new, warrantied vehicle and it develops a problem a year later, they have four years after reporting the problem to the manufacturer or dealer to file a state lemon law complaint. Before claiming a refund or replacement, the consumer must give written notice by certified mail to the manufacturer and dealer within 60 days after the vehicle’s warranty expires or one year after the vehicle’s original delivery, whichever ends first.
Those filing a complaint using the state’s lemon law must undergo arbitration before the law’s repurchase or replacement provisions are applicable. While arbitration can be faster and less formal than a filed civil lawsuit, it has a number of downsides and rarely resolves favorably for the consumer.
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The federal Magnuson-Moss Warranty Act of 1974 borrows the statute of limitations from the state in which the breach of warranty occurs. In the state of Utah, breach of warranty claims for property damage have a three-year statute of limitations. Therefore, the statute of limitations for federal Magnuson-Moss Warranty Act claims in Utah is three years.
Because Magnuson-Moss is a federal law, it supersedes any state law and can be pursued even if the state lemon law’s technical requirements are not met. Furthermore, the Act provides the vehicle manufacturer shall pay the claimant’s attorneys’ fees if the claimant prevails against the manufacturer. Lemon law attorneys exist that will only collect attorneys’ fees if they succeed in obtaining a financial recovery for their clients.
Hiring a lawyer to assist in your lemon law case is a prudent decision. Lawyers act as both their client’s guide and advocate within the legal system. The law contains innumerable technicalities and pitfalls that may seem minor to a layperson, but can seriously and adversely affect a lemon law case if ignored. Courts do not go lightly on those who do not understand or follow standard legal rules and procedures.
If you bought a lemon car and cannot get any help from the manufacturer, don’t hesitate to reach out to a qualified lemon law attorney. They have the experience and expertise needed to get you the justice you deserve.