Full question:
I have an automobile that experienced a problem while still under warranty, but because I was on a long trip, I wasn't able to report the problem to my dealer until the warranty had expired. I have documentation for the fact that the problem occurred under warranty, yet my dealership has denied that the problem is covered under warranty. Am I covered?
- Category: Warranties
- Date:
- State: Utah
Answer:
A contract which requires a purchaser to report a defect within the warranty period is legally enforceable. To qualify for protection under most state lemon laws, a purchaser must prove that (1) during the purchased car's warranty period, the purchaser reported a malfunction or defect to the manufacturer or authorized representative (e.g., the dealership); (2) the defect or malfunction was serious and substantially impaired the car's usefulness, functionality, and value; and (3) the manufacturer or dealer was unable to correct the defect/malfunction after a specified number of attempts (usually three or four) within a specified period of time.
The following is a Utah statute:
13-20-3. Nonconforming motor vehicles — Repairs.
If a new motor vehicle does not conform to all applicable express
warranties, and the consumer reports the nonconformity to the
manufacturer, its agent, or its authorized dealer during the term of the
express warranties or during the one-year period following the date of
original delivery of the motor vehicle to a consumer, whichever is
earlier, the manufacturer, its agent, or its authorized dealer shall make
repairs necessary to conform the vehicle to the express warranties,
whether or not these repairs are made after the expiration of the
warranty term or the one-year period.
13-20-3. Nonconforming motor vehicles — Repairs.
If a new motor vehicle does not conform to all applicable express
warranties, and the consumer reports the nonconformity to the
manufacturer, its agent, or its authorized dealer during the term of the
express warranties or during the one-year period following the date of
original delivery of the motor vehicle to a consumer, whichever is
earlier, the manufacturer, its agent, or its authorized dealer shall make
repairs necessary to conform the vehicle to the express warranties,
whether or not these repairs are made after the expiration of the
warranty term or the one-year period.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.