What Is the Lemon Law in Utah for Used Cars
Utah's Motor Vehicle Warranty Law, commonly known as the Lemon Law and codified in Chapter 13-20 of the Utah Code, applies exclusively to new vehicles. According to state guidance, when you buy a vehicle in Utah, used vehicles are purchased "as is" without lemon law protections.
Utah's lemon law applies to new motor vehicles weighing less than 14,000 pounds that are purchased or leased in the state and remain under manufacturer warranty. A vehicle qualifies for protection when it has a defect that substantially impairs its use, market value, or safety, and the owner reports the problem to the manufacturer or authorized dealer within the warranty period. The manufacturer or authorized dealer must be given a reasonable number of repair attempts to correct the defect. If the defect persists after reasonable attempts to repair, the manufacturer must provide replacement or refund options as determined by administrative proceedings.
What Protections Do Used Car Buyers Have in Utah?
Used vehicles purchased in Utah receive no protection under the state's lemon law. Used car buyers must rely on federal consumer protection statutes for any recourse against defects discovered after purchase.
Magnuson-Moss Warranty Act
The Magnuson-Moss Warranty Act establishes federal protection when dealers or manufacturers issue written warranties on motor vehicles, including used cars. This federal statute permits consumers to pursue legal action for breaches of express warranties issued by dealers or manufacturers and violations of implied warranty obligations, provided the vehicle carries a written warranty. Consumers may recover damages when a dealer or manufacturer fails to honor the terms of a written warranty or violates implied warranty protections established under federal law.
FTC Used Car Rule Requirements
The Federal Trade Commission's Used Car Rule mandates that dealers display a Buyer's Guide on every used vehicle before sale. This disclosure document must clearly indicate whether the vehicle carries warranty coverage or is offered without protection, specify which systems or components receive warranty coverage, state the duration of any warranty, identify the percentage of repair costs the dealer assumes, and provide information about vehicle history records and safety recalls. Dealers must clearly display this information on a side window of each used car to ensure consumers understand their warranty status before completing a purchase.
Understanding "As Is" Sales in Utah
Utah law permits dealers to sell used vehicles "as is," eliminating express warranty coverage. In "as is" sales, implied warranties such as merchantability typically become excluded, limiting dealer liability for defects discovered after purchase.
What "As Is" Means for Buyers
When purchasing a vehicle "as is," you accept significant limitations on your recourse and protections:
- The dealer assumes no liability for any repairs needed following the sale
- You accept complete financial responsibility for all mechanical failures discovered after purchase
- You accept complete financial responsibility for all electrical failures discovered after purchase
- You accept complete financial responsibility for all structural failures discovered after purchase
- Problems identified immediately after delivery remain entirely your expense
- You have no recourse to the dealer for warranty coverage on any defects
- The "as is" designation typically disclaims all express warranties provided by the dealer
Limited Dealer Disclosure Requirements
Utah dealers must comply with Federal Trade Commission standards and display the Buyer's Guide on all used vehicles offered for sale. The guide must clearly identify whether the vehicle is offered "as is" or with dealer warranty coverage. Dealers must provide written documentation of any promised warranties or repair guarantees before the transaction is completed. Written disclosure statements are required for all used-vehicle sales, and this documentation must clearly and conspicuously set forth the required information on the first page of the sale document. All dealers are required by federal law to tell buyers whether a used car is being sold with or without a warranty, and this information must be clearly displayed on a side window of each used car.
Limited Exceptions to "As Is" Protection
Despite an "as is" designation, legal remedies may exist in Utah when dealers engage in prohibited conduct:
Fraudulent Conduct and Misrepresentation:
- The dealer engaged in fraudulent conduct by intentionally concealing known defects
- The dealer made false statements about the vehicle's mechanical condition
- The dealer made false statements about the vehicle's history
- The dealer failed to disclose a major issue that should have been revealed
- The seller misrepresented the overall condition of the vehicle
- The dealer made oral or written promises about repairs that were not honored
Concealment of Evidence:
- The dealer intentionally concealed evidence of defects from buyers
- The dealer tampered with the odometer or mileage records
- The dealer removed or obscured visible damage to conceal defects
- The dealer erased service records documenting prior repairs
Filing a Consumer Complaint
Utah consumers experiencing disputes with used car dealers may submit complaints through:
Utah Division of Consumer Protection
Heber M. Wells Building, 2nd Floor
160 East 300 South, Salt Lake City, UT 84114-6704
Phone: (801) 530-6601
Toll-free: (800) 721-7233
Official Website: Division of Consumer Protection
