42-10-101 Definitions. As used in this article, unless
the context otherwise requires:
(1) "Consumer" means the purchaser, other than for purposes of
resale, of a motor vehicle normally used for personal, family, or
household purposes, any person to whom such motor vehicle is transferred
for the same purposes during the duration of a manufacturer's express
warranty for such motor vehicle, and any other person entitled by
the terms of such warranty to enforce the obligations of the warranty.
(2) "Motor vehicle" means a self-propelled private passenger vehicle,
including pickup trucks and vans, designed primarily for travel
on the public highways and used to carry not more than ten persons,
which is sold to a consumer in this state; except that the term
does not include motor homes as defined in section 42-1-102 (57)
or vehicles designed to travel on three or fewer wheels in contact
with the ground.
(3) "Warranty" means the written warranty, so labeled, of the
manufacturer of a new motor vehicle, including any terms or conditions
precedent to the enforcement of obligations under that warranty.
42-10-102 Repairs to conform vehicle to warranty.
If a motor vehicle does not conform to a warranty and the consumer
reports the nonconformity to the manufacturer, its agent, or its
authorized dealer during the term of such warranty or during a period
of one year following the date of the original delivery of the motor
vehicle to a consumer, whichever is the earlier date, the manufacturer,
its agent, or its authorized dealer shall make such repairs as are
necessary to conform the vehicle to such warranty, notwithstanding
the fact that such repairs are made after the expiration of such
term or such one-year period.
42-10-103 Failure to conform vehicle to warranty - replacement
or return of vehicle.
(1) If the manufacturer, its agent, or its authorized dealer is
unable to conform the motor vehicle to the warranty by repairing
or correcting the defect or condition which substantially impairs
the use and market value of such motor vehicle after a reasonable
number of attempts, the manufacturer shall, at its option, replace
the motor vehicle with a comparable motor vehicle or accept return
of the motor vehicle from the consumer and refund to the consumer
the full purchase price, including the sales tax, license fees,
and registration fees and any similar governmental charges, less
a reasonable allowance for the consumer's use of the motor vehicle.
Refunds shall be made to the consumer and lienholder, if any, as
their interests may appear. A reasonable allowance for use shall
be that amount directly attributable to use by the consumer and
any previous consumer prior to the consumer's first written report
of the nonconformity to the manufacturer, agent, or dealer and during
any subsequent period when the vehicle is not out of service by
reason of repair.
(2) (a) It shall be presumed that a reasonable number of attempts
have been undertaken to conform a motor vehicle to the warranty
(I) The same nonconformity has been subject to repair four
or more times by the manufacturer, its agent, or its authorized
dealer within the warranty term or during a period of one year
following the date of the original delivery of the motor vehicle
to the consumer, whichever is the earlier date, but such nonconformity
continues to exist; or
(II) The motor vehicle is out of service by reason of repair
for a cumulative total of thirty or more business days of the
repairer during the term specified in subparagraph (I) of this
paragraph (a) or during the period specified in said subparagraph
(I), whichever is the earlier date.
(b) For the purposes of this subsection (2), the term of a warranty,
the one-year period, and the thirty-day period shall be extended
by any period of time during which repair services are not available
to the consumer because of war, invasion, strike, or fire, flood,
or other natural disaster.
(c) In no event shall a presumption under paragraph (a) of this
subsection (2) apply against a manufacturer unless the manufacturer
has received prior written notification by certified mail from or
on behalf of the consumer and has been provided an opportunity to
cure the defect alleged. Such defect shall count as one nonconformity
subject to repair under subparagraph (I) of paragraph (a) of this
(d) Every authorized motor vehicle dealer shall include a form,
containing the manufacturer's name and business address, with each
motor vehicle owner's manual on which the consumer may give written
notification of any defect, as such notification is required by
paragraph (c) of this subsection (2), and the form shall clearly
and conspicuously disclose that written notification by certified
mail of the nonconformity is required, in order for the consumer
to obtain remedies under this article.
(3) The court shall award reasonable attorney fees to the prevailing
side in any action brought to enforce the provisions of this article.
42-10-104 Affirmative defenses.
(1) It shall be an affirmative defense to any claim under this
(a) An alleged nonconformity does not substantially impair
the use and market value of a motor vehicle; or
(b) A nonconformity is the result of abuse, neglect, or unauthorized
modifications or alterations of the motor vehicle by a consumer.
42-10-105 Limitations on other rights and remedies. Nothing
in this article shall in any way limit the rights or remedies which
are otherwise available to a consumer under any other state law
or any federal law. Nothing in this article shall affect the other
rights and duties between the consumer and a seller, lessor, or
lienholder of a motor vehicle or the rights between any of them.
Nothing in this article shall be construed as imposing a liability
on any authorized dealer with respect to a manufacturer or creating
a cause of action by a manufacturer against its authorized dealer;
except that failure by an authorized dealer to properly prepare
a motor vehicle for sale, to properly install options on a motor
vehicle, or to properly make repairs on a motor vehicle, when such
preparation, installation, or repairs would have prevented or cured
a nonconformity, shall be actionable by the manufacturer.
42-10-106 Applicability of federal procedures.
If a manufacturer has established or participates in an informal
dispute settlement procedure which substantially complies with the
provisions of part 703 of title 16 of the code of federal regulations,
as from time to time amended, the provisions of section 42-10-103
(1) concerning refunds or replacement shall not apply to any consumer
who has not first resorted to such procedure.
42-10-107 Statute of limitations.
Any action brought to enforce the provisions of this article shall
be commenced within six months following the expiration date of
any warranty term or within one year following the date of the original
delivery of a motor vehicle to a consumer, whichever is the earlier
date; except that the statute of limitations shall be tolled during
the period the consumer has submitted to arbitration under section