Title 56, Chapter 28
SECTION 56-28-10. Definitions.
As used in this chapter:
(1) "Consumer" means the purchaser or lessor, other
than for purposes of resale, of a motor vehicle normally used for
personal, family, or household purposes and subject to the manufacturer's
express warranty, and any other person entitled by the warranty
to enforce the obligations of the warranty.
(2) "Manufacturer" means any person, resident, or nonresident,
who manufactures or assembles or imports or distributes new motor
vehicles which are to be sold in the State.
(3) "Manufacturer's 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 that warranty.
(4) "Motor vehicle" means a private passenger motor
vehicle, as classified by Section 56-3-630, but excluding the living
portion of recreational vehicles and off-road vehicles, which is
sold and registered in this State.
(5) A "new motor vehicle" means a private passenger
motor vehicle which has been sold to a new motor vehicle dealer
by a manufacturer and which has not been used for other than demonstration
purposes and on which the original title has not been issued from
the new motor vehicle dealer.
(6) "Nonconformity" means a defect or condition that
substantially impairs the use, value, or safety of a motor vehicle,
but does not include a defect or condition that results from an
accident, modification, or alteration of the motor vehicle by persons
other than the manufacturer or its authorized service agent.
SECTION 56-28-20. Manufacturers to provide annual written
summaries of certain motor vehicles; forms; records to be made available;
Every manufacturer, in a format and a form that must be mailed
annually to each manufacturer approved by the Administrator of the
Department of Consumer Affairs, shall provide a written summary
of all motor vehicles repurchased or replaced under this chapter
no less than once each calendar year. In addition, every manufacturer
shall make available any paperwork, reports, or other information
regarding vehicles subject to this chapter upon request by the administrator.
Failure to supply either the written summaries of repurchased vehicles
or respond to reasonable requests for information by the administrator
subjects the manufacturer to an administrative penalty not to exceed
one thousand dollars for each violation which the administrator
in his discretion may impose.
SECTION 56-28-30. Nonconformity with express warranties;
notice required; repairs required.
If a new motor vehicle does not conform to all applicable express
warranties within the first twelve months of purchase or the first
twelve thousand miles of operation, whichever occurs first, and
the consumer reports the nonconformity to the manufacturer or its
agent during the term of the express warranties, the manufacturer,
or its agent, shall make those repairs as are necessary to conform
the vehicle to the express warranties at no cost to the consumer,
notwithstanding the fact that the repairs are made after the expiration
of the term.
SECTION 56-28-40. Replacement of motor vehicle; refund
of purchase price.
If, within the term specified in Section 56-28-30, the manufacturer,
through its agents or authorized dealer, is unable to conform the
motor vehicle to any applicable express warranty by repairing or
correcting any defect or condition which substantially impairs the
use, market value, or safety of the motor vehicle to the consumer
after a reasonable number of attempts, the manufacturer shall replace
the motor vehicle with a comparable motor vehicle, or at its option,
accept return of the vehicle from the consumer and refund to the
consumer the full purchase price as delivered including applicable
finance charges, sales taxes, license fees, registration fees, and
any other similar governmental charges, less a reasonable allowance
for the consumer's use of the vehicle. Refunds must be made to the
consumer and lienholder, if any, as their interest may appear on
the record of ownership kept by the Division of Motor Vehicles.
A reasonable allowance for use must be that amount directly attributable
to use by the consumer before his first report of the nonconformity
to the manufacturer, agent, or dealer, and must be calculated by
multiplying the full purchase price of the vehicle by a fraction
having as its denominator one hundred twenty thousand and having
as its numerator the number of miles that the vehicle traveled before
the first report of nonconformity. The consumer is not entitled
to a refund or replacement if:
(1) the nonconformity does not substantially impair the motor
vehicle's use, market value, or safety;
(2) the nonconformity is the result of abuse, neglect, or modification
or alteration of the motor vehicle by the consumer.
SECTION 56-28-50. Presumption of attempts to conform; information
to be provided to consumers; obligations of manufacturer; costs
and attorney's fees; notice requirements.
(A) It is presumed that a reasonable number of attempts have been
undertaken to conform a motor vehicle to the applicable express
(1) the same nonconformity has been subject to repair three or
more times by the manufacturer, or its agent, within the express
warranty term, but the nonconformity continues to exist; or
(2) the vehicle is out of service by reason of repair for a cumulative
total of thirty or more calendar days during the express warranty.
The term of an express warranty, and the twenty-day period must
be extended by any period of time during which repair services are
not available to the consumer because of a war, invasion, strike,
fire, flood, or other natural disaster.
(B) The manufacturer must provide information regarding consumer
complaint remedies with each new motor vehicle. It is the responsibility
of the consumer, or his representative, before availing himself
of the provisions of this chapter, to give written notification
to the manufacturer of the need for the repair of the nonconformity,
in order to allow the manufacturer a final opportunity to cure the
alleged defect if the manufacturer has clearly and prominently informed
the consumer of the requirement of written notification to the manufacturer
at the time of sale. The manufacturer, within ten business days,
must notify the consumer of a reasonably accessible repair facility
of a franchised new vehicle dealer to conform the new vehicle to
the express warranty. After delivery of the new vehicle to an authorized
repair facility by the consumer, the manufacturer must attempt immediately
to repair the vehicle within a period not to exceed ten business
days in order to conform the new motor vehicle to the express warranty.
If the manufacturer is unable to repair properly the vehicle within
the final ten-business-day period, the manufacturer must replace
the vehicle with an identical or reasonably equivalent vehicle or
refund the purchase price subject to the provisions of Section 56-28-40.
(C) Upon notification from the consumer that the new vehicle has
not been conformed to the express warranty, the manufacturer shall
inform the consumer if an informal dispute settlement procedure
has been established by the manufacturer as enumerated in Section
56-28-60. However, if prior notice by the manufacturer of an informal
dispute settlement procedure has been given, no further notice is
(D) Any consumer who finally prevails in any action brought under
this chapter, may be allowed by the court to recover as part of
the judgment a sum equal to the aggregate amount of cost and expenses
(including attorney's fees based on actual time expended) and other
such costs which are directly attributable to the nonconformity
of the motor vehicle determined by the court to have been reasonably
incurred by the plaintiff for or in connection with the commencement
and prosecution of such action, unless the court in its discretion
determines that such an award of attorney's fees would be inappropriate.
(E) All written notifications required by this section shall be
sent by registered, certified, or express mail.
SECTION 56-28-60. Informal dispute settlement procedures.
If a manufacturer has established an informal dispute settlement
procedure which substantially complies with Title 16 of the Code
of Federal Regulations, Part 703, or if the manufacturer participates
in a consumer-industry appeals, arbitration, or mediation panel
or board, whose decisions are binding on the manufacturer, the provisions
of Section 56-28-40 concerning refunds or replacement do not apply
to any consumer who has not first resorted to those procedures or
to the alternate procedure provided in Section 56-28-90.
SECTION 56-28-70. Limitation of actions.
Any action brought under this chapter must be commenced within
three years following the date of original delivery of the motor
vehicle to the consumer.
SECTION 56-28-80. Construction of chapter; reimbursement
from dealer prohibited; exception.
Nothing in this chapter may be construed as imposing any liability
on a motor vehicle dealer or creating a cause of action by a consumer
against a motor vehicle dealer under Section 56-28-40. The manufacturer
shall not charge back or require reimbursement by the dealer for
any costs, including, but not limited to, any refunds or vehicle
replacements incurred by the manufacturer arising out of this chapter
in the absence of evidence that the related repairs had been carried
out by the dealer in a manner substantially inconsistent with the
manufacturer's published instructions.
SECTION 56-28-90. State arbitration board may be established.
The Administrator of the Department of Consumer Affairs may establish
by regulation a state arbitration board consisting of five members
appointed by him to serve at his pleasure. The board shall review
matters involving manufacturers that have not created an informal
dispute settlement procedure that substantially complies with Title
16 of the Code of Federal Regulations, Part 703. The cost of the
arbitration board must be borne by the manufacturer of the vehicle
purchased or leased by the consumer.
SECTION 56-28-100. Repurchased vehicles not to be resold;
Any vehicle required to be repurchased by a manufacturer under
this chapter or any other provision of law relating to motor vehicle
warranties may not be resold, reassigned, or retransferred, either
at wholesale or retail in this State, unless:
(1) The manufacturer notifies the Administrator of the Department
of Consumer Affairs within thirty calendar days, in writing, of
the vehicle identification number of that motor vehicle, the reason
that the vehicle was repurchased, and provides a statement that
all necessary repairs and adjustments have been made and that the
vehicle meets acceptable operating standards.
(2) The manufacturer provides a written warranty to the subsequent
retail purchaser of the vehicle covering the vehicle for twelve
months or twelve thousand miles. The warranty must expressly include
any component related to the manufacturer's decision to repurchase
(3) The manufacturer shall disclose to any dealer or other wholesale
purchaser of the fact that the vehicle was required to be repurchased
under this chapter or another provision of law relating to motor
SECTION 56-28-110. Notification to subsequent purchasers;
penalties for failure to notify.
Every subsequent purchaser must be notified by the seller of the
fact that the vehicle was required to be repurchased under the terms
of this chapter or another provision of law relating to motor vehicle
warranties. Failure to notify properly any purchaser of the requirements
of this section subjects the seller to an administrative penalty
to be imposed by the administrator up to a maximum of five hundred
dollars for each vehicle.
Check Auto | Cell
Phone Plan Compare | Free Lemon Search
Auto Insurance | Free
Lemon Report | Lemon Check
Free Lemon Car Check
| CD Music Club | Vehicle
|To see a vehicle history report you need
a VIN number. Click here for instructions
on where to find it. If you have a VIN number then get your free
lemon check now.