Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.
As used in Sections 41-3-406 through 41-3-414:
(1) “Buyback vehicle” means a motor vehicle with an alleged nonconformity that has been replaced or repurchased by a manufacturer as the result of a court judgment, arbitration, or any voluntary agreement entered into between the manufacturer or its agent and a consumer.
(2) “Consumer” means an individual who has entered into an agreement or contract for the transfer, lease, or purchase of a new motor vehicle other than for the purposes of resale, or sublease, during the duration of the period defined under Section 13-20-5.
(3) “Manufacturer” means any manufacturer, importer, distributor, or anyone who is named as the warrantor on an express written warranty on a motor vehicle.
(4)(a) “Motor vehicle” includes:
(i) a motor home, as defined in Section 13-20-2, but only the self-propelled vehicle and chassis; and
(ii) a motor vehicle, as defined in Section 41-1a-102.
(b) “Motor vehicle” does not include:
(i) those portions of a motor home designated, used, or maintained primarily as a mobile dwelling, office, or commercial space;
(ii) farm tractor, motorcycle, road tractor, or truck tractor as defined in Section 41-1a-102;
(iii) mobile home as defined in Section 41-1a-102; or
(iv) any motor vehicle with a gross laden weight of over 12,000 pounds, except a motor home as defined under Subsection (4)(a)(i).
(5) “Nonconforming vehicle” means a buyback vehicle that has been investigated and evaluated pursuant to Title 13, Chapter 20, New Motor Vehicle Warranties Act, or a similar law of another state or federal government.
(6)(a) “Nonconformity” means a defect, malfunction, or condition that fails to conform to the express warranty, or substantially impairs the use, safety, or value of a motor vehicle.
(b) “Nonconformity” does not include a defect, malfunction, or condition that results from an accident, abuse, neglect, modification, or alteration of a motor vehicle by a person other than the manufacturer, its authorized agent, or a dealer.
(7) “Seller” means any person selling, auctioning, leasing, or exchanging a motor vehicle.
(8) “Violation” means each failure to comply with the obligations imposed by Sections 41-3-406 through 41-3-413. In the case of multiple failures to comply resulting from a single transaction, each failure to comply is a separate violation.
Cite this article: FindLaw.com - Utah Code Title 41. Motor Vehicles § 41-3-407. Definitions - last updated May 05, 2022 | https://codes.findlaw.com/ut/title-41-motor-vehicles/ut-code-sect-41-3-407.html
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
Was this helpful?