41-3-407. Definitions.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/6/2026

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.

(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 vehicle weight rating of over 14,000 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.

(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.

Amended by Chapter 295 , 2026 General Session