Chapter 17, 40-17-101. Definitions; express warranties; duty to
make warranty repairs.
(a) As used in this section:
- (i) "Consumer" means any person:
- (A) Who purchases a motor vehicle, other than for purposes
[purpose] of resale, to which an express warranty applies; or
- (B) To whom a motor vehicle is transferred during the term of
an express warranty applicable to the motor vehicle; or
- (C) Entitled by the terms of an express warranty applicable to
a motor vehicle to enforce it.
- (ii) "Motor vehicle" means every vehicle under ten thousand
(10,000) pounds unladen weight, sold or registered in the state,
which is self-propelled except vehicles moved solely by human power;
- (iii) "Reasonable allowance for consumer's use" means an amount
directly attributable to use of the motor vehicle prior to the first
report of the nonconformity to the manufacturer, agent or dealer and
during any subsequent period when the motor vehicle is not out of
service due to repair;
- (iv) "Manufacturers' express warranty or 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 warranty.
(b) 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 within one (1) year
following the original delivery of the motor vehicle to the consumer,
the manufacturer, its agent or authorized dealer shall make repairs
necessary to conform the vehicle to the express warranties. The
necessary repairs shall be made even if the one (1) year period has
(c) If the manufacturer, its agents or authorized dealers are
unable to conform the motor vehicle to any applicable express warranty
by repairing or correcting any defect or condition which substantially
impairs the use and fair market value of the motor vehicle to the
consumer after a reasonable number of attempts, the manufacturer
- (i) Replace the motor vehicle with a new or comparable motor
vehicle of the same type and similarly equipped; or
- (ii) Accept return of the motor vehicle and refund to the
consumer and any lienholder as their interest may appear the full
purchase price including all collateral charges less a reasonable
allowance for consumer's use.
(d) It is presumed that a reasonable number of attempts have been
undertaken to conform a motor vehicle to express warranty if within
one (1) year following the original delivery of the motor vehicle to
the consumer, whichever is later:
- (i) The same nonconformity has been subject to repair more than
three (3) times by the manufacturer, its agents or its authorized
dealers and the same nonconformity continues to exist; or
- (ii) The vehicle is out of service due to repair for a
cumulative total of thirty (30) business days.
(e) Nothing in this section shall be construed to limit the rights
or remedies of a consumer under any other statute.
(f) Subsection (c) of this section does not apply to any consumer
who has failed to exhaust his remedies under a manufacturer's informal
dispute settlement procedure if a procedure exists and is in
compliance with applicable federal statute and regulation.
(g) It is an affirmative defense to any claim under this section
- (i) An alleged nonconformity does not substantially impair the
use and fair market value of the motor vehicle; or
- (ii) A nonconformity is the result of abuse, neglect or
unauthorized modification or alteration of a motor vehicle by a
(h) In no event shall the presumption herein provided in subsection
(d) of this section apply against a manufacturer unless the
manufacturer has received prior direct written notification from or on
behalf of the consumer and has had a reasonable opportunity to cure
the alleged defect.
(j) Any consumer injured by a violation of this section may bring a
civil action to enforce this section and may recover reasonable
attorney's fees from the manufacturer who issued the express warranty.