Idaho lemon law
Discover exactly what is in the Idaho lemon law...
The Idaho lemon law
applies to new motor vehicles 'normally' used for personal, family or household
purposes', excluding motorcycles, farm tractors, house trailers or any motor
vehicle with a GVWR over 12,000 lbs.
Note: Click here if you don't know much about what
a lemon law is.
Here is the Idaho Lemon Law, in full:
TITLE 48- MONOPOLIES AND TRADE PRACTICES
CHAPTER 9
NEW MOTOR VEHICLE WARRANTIES -- MANUFACTURER'S DUTY TO REPAIR, REFUND OR REPLACE
48-903. MANUFACTURER'S DUTY TO REFUND OR REPLACE. (1) If the manufacturer, its
agents, or its authorized dealers are unable to conform the new motor vehicle
to any applicable express warranty by repairing or correcting any defect or
condition which impairs the use or market value of the motor vehicle to the
consumer after a reasonable number of attempts, the manufacturer shall either
replace the new motor vehicle with a comparable motor vehicle or accept return
of the vehicle from the consumer and refund to the consumer the amount the consumer
paid for the vehicle, inclusive of the value of any trade-in, not to exceed
one hundred five percent (105%) of the manufacturer's suggested retail price
of the motor vehicle. The manufacturer's suggested retail price shall include
all manufacturer installed options. The one hundred five percent (105%) cap
shall include the cost of any options or other modifications arranged, installed,
or made by the manufacturer's agent, or its authorized dealer within thirty
(30) days after the date of original delivery. The manufacturer shall refund
to the consumer all other charges including, but not limited to, sales or excise
tax, license fees and registration fees, reimbursement for towing and rental
vehicle expenses incurred by the consumer as a result of the vehicle being out
of service for warranty repair. A reasonable allowance for the consumer's use
of the vehicle shall be deducted from the refund to the consumer not to exceed
the number of miles attributable to the consumer up to the date of the arbitration
hearing multiplied by the purchase price of the vehicle and divided by one hundred
twenty thousand (120,000). If the manufacturer offers a replacement vehicle
under this section, the consumer has the option of rejecting the replacement
vehicle and requiring the manufacturer to provide a refund. Refunds must be
made to the consumer, and lienholder, if any, as their interests appear on the
records of the division of motor vehicles of the Idaho transportation department.
A manufacturer must give to the consumer an itemized statement listing each
of the amounts refunded under this section. If the amount of sales or excise
tax refunded is not separately stated, or if the manufacturer does not apply
for a refund of the tax within one (1) year of the return of the motor vehicle,
the state tax commission may refund the tax, as determined under subsection
(8) of this section, directly to the consumer and lienholder, if any, as their
interests appear on the records of the division of motor vehicles. It is an
affirmative defense to any claim under this chapter:
(a) that an alleged nonconformity does not impair the use or market value, or
(b)that a nonconformity is the result of abuse, neglect, or unauthorized modifications
or alterations of a motor vehicle by anyone other than the
manufacturer, its agent or its authorized dealer.
(2) It is presumed that a reasonable number of attempts have been undertaken
to conform a new motor vehicle to the applicable express warranties, if: (a)
the same nonconformity has been subject to repair four (4) or more times by
the manufacturer, its agents, or its authorized dealers within the applicable
express warranty term or during the period of two (2) years following the date
of original delivery of the new motor vehicle to a consumer or during the period
ending with the date on which the mileage on the motor vehicle reaches twenty-four
thousand (24,000) miles, whichever is the earliest date, but the nonconformity
continues to exist. However, the manufacturer shall have at least one (1) opportunity
to attempt to repair the vehicle before it is presumed a reasonable number of
attempts have been undertaken to conform the vehicle to the applicable express
warranty; or (b) the vehicle is out of service by reason of repair for a cumulative
total of thirty (30) or more business days during the term or during the period,
whichever is the earlier date.
(3) If the nonconformity results in a complete failure of the braking or steering
system of the new motor vehicle and is likely to cause death or serious bodily
injury if the vehicle is driven, it is presumed that a reasonable number of
attempts have been undertaken to conform the vehicle to the applicable express
warranties if the nonconformity has been subject to repair at least once by
the manufacturer, its agents, or its authorized dealers within the applicable
express warranty term or during the period of two (2) years following the date
of original delivery of the new motor vehicle to a consumer or during the period
ending with the date on which the mileage on the motor vehicle reaches twenty-four
thousand (24,000) miles, whichever is the earliest date, and the nonconformity
continues to exist. However, the manufacturer shall have at least one (1) opportunity
to attempt to repair the vehicle before it is presumed a reasonable number of
attempts have been undertaken to conform the vehicle to the applicable express
warranty.
(4) The term of an applicable express warranty, the two (2) year period and
the thirty (30) day period shall be extended by any period of time during which
repair services are not available to the consumer because of a war,
invasion, strike, or fire, flood, or other natural disaster.
(5) The presumption contained in subsection (2) of this section applies against
a manufacturer only if the manufacturer, its agent, or its authorized dealer
has received prior written notification from or on behalf of the
consumer at least once and an opportunity to cure the defect alleged. If the
notification is received by the manufacturer's agent or authorized dealer, the
agent or dealer must forward it to the manufacturer by certified mail, return
receipt requested. However, if the manufacturer is not notified either by the
consumer or the manufacturer's agent or authorized dealer, then the manufacturer
shall have at least one (1) opportunity to cure the alleged defect.
(6) The expiration of the time periods set forth in subsection (2) of this section
does not bar a consumer from receiving a refund or replacement vehicle under
subsection (1) of this section if the reasonable number of attempts to correct
the nonconformity causing the substantial impairment occur within three (3)
years following the date of original delivery of the new motor vehicle to a
consumer, provided the consumer first reported the
nonconformity to the manufacturer, its agent, or its authorized dealer during
the term of the applicable express warranty.
(7) The manufacturer shall provide to its agent or authorized dealer and, at
the time of purchase or lease, the manufacturer's agent or authorized dealer
shall provide a written statement to the consumer in the new motor vehicle warranty
guide, in 10-point all capital type, in substantially the following form: "IMPORTANT:
IF THIS VEHICLE IS DEFECTIVE, YOU MAY BE ENTITLED UNDER THE STATE'S LEMON LAW
TO REPLACEMENT OF IT OR A REFUND OF ITS PURCHASE PRICE OR YOUR LEASE PAYMENTS.
HOWEVER, TO BE ENTITLED TO REFUND OR REPLACEMENT, YOU MUST FIRST NOTIFY THE
MANUFACTURER, ITS AGENT, OR ITS AUTHORIZED DEALER OF THE PROBLEM IN WRITING
AND GIVE THEM AN OPPORTUNITY TO REPAIR THE VEHICLE. YOU ALSO HAVE A RIGHT TO
SUBMIT YOUR CASE TO THE CONSUMER ARBITRATION PROGRAM WHICH THE MANUFACTURER
MUST OFFER IN THIS STATE."
(8) The amount of the sales or excise tax to be paid by the manufacturer to
the consumer under subsection (1) of this section shall be the tax paid by the
consumer when the vehicle was purchased less an amount equal to the tax paid
multiplied by a fraction, the denominator of which is the purchase price of
the vehicle and the numerator of which is the allowance deducted from the refund
for the consumer's use of the vehicle.
The Idaho lemon law states that 4 repair attempts of the problem must be made,
or the vehicle must be off the road for 30 business days before the lemon law
applies.
