How to File a Utah Lemon Law Claim: Step-by-Step (2026)
General information, not legal advice. Read the full disclaimer.
Short answer: A Utah lemon law claim isn't a single form you file. It's a sequence: document every repair, show the vehicle meets the statute's thresholds (four or more repair attempts for the same defect, or 30 or more business days out of service, within the earlier of the warranty term or one year), use the manufacturer's dispute program if it has one that meets federal rules, and have the claim investigated and evaluated by the Division of Consumer Protection — which Utah Code § 13-20-6 requires before a consumer may bring an action. Then you can pursue a refund or replacement from the manufacturer.
Who this guide is for
Utah owners or lessees of a new vehicle that keeps failing, who want a practical order of operations. For what the law covers and what you can get, see Utah Lemon Law: Your Rights on a Defective New Vehicle (2026).
Step 1: Confirm the vehicle and the clock
- The vehicle must be a new motor vehicle covered by the Act. As amended in 2026, that includes on-highway motorcycles, and excludes off-road motorcycles, e-bikes, mopeds, vehicles over 14,000 pounds (with exceptions), and non-self-propelled parts of motor homes.
- Both counts run inside one window: the express warranty term or the one-year period after delivery, whichever is earlier.
- The thresholds are in § 13-20-5: the same nonconformity repaired four or more times and still existing, or a cumulative total of 30 or more business days out of service because of repair.
Step 2: Build your record
This is the step that wins or loses most claims. Keep:
- Every repair order — dates in and out, the complaint you reported, what the shop did, and the odometer reading.
- A day-by-day log of days the vehicle was in the shop. Count business days, not calendar days.
- Proof of delivery date and your warranty booklet.
- Copies of every letter, email, and call note with the dealer and the manufacturer.
- Photos and videos of the defect if it's intermittent.
Describe the same problem the same way each visit; a record that scatters the symptom across vague descriptions is harder to show as "the same nonconformity."
Step 3: Notify the manufacturer in writing
Report the problem to the manufacturer, not just the dealer. The statute puts the obligation on the manufacturer; dealers generally aren't liable under the Act except on their own written warranties. Send a dated letter by a method that gives you proof of delivery, listing the defect, repair visits, and days out of service, and say you are seeking replacement or a refund. Keep a copy.
Step 4: Use the manufacturer's dispute program, if it has one
Under § 13-20-7, if the manufacturer has established an informal dispute settlement procedure that complies with the federal rules (16 C.F.R. Part 703), the refund-or-replacement remedy does not apply to a consumer who hasn't first resorted to it. Check your warranty booklet. Under the federal rule, the program must decide the dispute as expeditiously as possible and at least within 40 days of notification, and the requirement to use it before filing is satisfied 40 days after you notify the program, or when the program finishes its duties, whichever comes first.
Step 5: Have the Division of Consumer Protection review it
Under § 13-20-6(1), the Division of Consumer Protection "shall, or a consumer may, enforce" the Act, and a consumer may start an action only after the claim has been investigated and evaluated by the Division. File through the Division's Car Purchases & Repairs page. The Division's contact information on that page is (801) 530-6601 and 160 East 300 South, Salt Lake City.
Step 6: What you can ask for
If the manufacturer can't conform the vehicle to its warranty after a reasonable number of attempts, § 13-20-4 requires it to replace the vehicle with a comparable new one or accept return and refund the full purchase price including all collateral charges, less a reasonable allowance for your use. The allowance is limited to use before your first report of the problem and any later time the vehicle wasn't out of service for repair. Refunds go to you and any lienholder or lessor as their interests appear, and you transfer clear title and possession.
Step 7: Court — and the fee risk
If you sue after the Division's review, § 13-20-6(4) says the court may award attorneys' fees to the prevailing party. That helps if you win, but isn't a guarantee, and isn't limited to consumers. A lemon-law attorney can tell you if your record is strong enough.
Defenses to expect
The manufacturer can argue the problem doesn't substantially impair the vehicle's use, market value, or safety, or that it resulted from abuse, neglect, or unauthorized modification. Keep records showing normal use and maintenance.
Common mistakes
- Counting calendar days instead of business days.
- Never writing to the manufacturer — dealer-only complaints leave a gap.
- Skipping the dispute program when the manufacturer has a qualifying one.
- Waiting too long. The thresholds must be met inside the warranty or first-year window; track it from delivery.
- Assuming a used car qualifies. The Act is written around new vehicles.
Frequently asked questions
Do I have to use the manufacturer's arbitration program first?
If the manufacturer has an informal dispute settlement procedure that complies with 16 C.F.R. Part 703, the refund-or-replacement remedy doesn't apply to a consumer who hasn't first used it.
Do I have to go through the state before suing?
Yes. A consumer may start an action only after the Division of Consumer Protection has investigated and evaluated the claim.
Can I sue the dealer?
The Act doesn't create a cause of action against the dealer, except for written warranties the dealer made on its own.
What if my vehicle is a motorcycle?
Since the 2026 amendment, motorcycles designed primarily for paved highways are covered; off-road motorcycles aren't.
What if the defect keeps coming back after the warranty ends?
The thresholds must be met within the earlier of the express warranty term or one year; talk to a lemon-law attorney about options outside the Act.