1.
a.After three attempts have been made to repair the same nonconformity that
substantially impairs the motor vehicle, or after one attempt to repair a nonconformity that
is likely to cause death or serious bodily injury, the consumer may give written notification,
which shall be by certified or registered mail or by overnight service, to the manufacturer
of the need to repair the nonconformity in order to allow the manufacturer a final attempt
to cure the nonconformity. The manufacturer shall, within ten days after receipt of such
notification, notify and provide the consumer with the opportunity to have the vehicle
repaired at a reasonably accessible repair facility and after delivery of the vehicle to the
designated repair facility by the consumer, the manufacturer shall, within ten d
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1. a. After three attempts have been made to repair the same nonconformity that
substantially impairs the motor vehicle, or after one attempt to repair a nonconformity that
is likely to cause death or serious bodily injury, the consumer may give written notification,
which shall be by certified or registered mail or by overnight service, to the manufacturer
of the need to repair the nonconformity in order to allow the manufacturer a final attempt
to cure the nonconformity. The manufacturer shall, within ten days after receipt of such
notification, notify and provide the consumer with the opportunity to have the vehicle
repaired at a reasonably accessible repair facility and after delivery of the vehicle to the
designated repair facility by the consumer, the manufacturer shall, within ten days, conform
the motor vehicle to the warranty. If the manufacturer fails to notify and provide the
consumer with the opportunity to have the vehicle repaired at a reasonably accessible repair
facility or perform the repairs within the time periods prescribed in this subsection, the
requirement that the manufacturer be given a final attempt to cure the nonconformity does
not apply.
b. After twenty or more cumulative days when the motor vehicle has been out of
service by reason of repair of one or more nonconformities, the consumer may give written
notification to the manufacturer which shall be by certified or registered mail or by overnight
service. Commencing upon the date such notification is received, the manufacturer has ten
§322G.4, DEFECTIVE MOTOR VEHICLES (LEMON LAW) 4
cumulative days when the vehicle has been out of service by reason of repair of one or more
nonconformities to conform the motor vehicle to the warranty.
2. a. If the manufacturer, or its authorized service agent, has not conformed the
motor vehicle to the warranty by repairing or correcting one or more nonconformities
that substantially impair the motor vehicle after a reasonable number of attempts, the
manufacturer shall, within forty days of receipt of payment by the manufacturer of a
reasonable offset for use by the consumer, replace the motor vehicle with a replacement
motor vehicle acceptable to the consumer, or repurchase the motor vehicle from the
consumer or lessor and refund to the consumer or lessor the full purchase or lease price, less
a reasonable offset for use. The replacement or refund shall include payment of all collateral
and reasonably incurred incidental charges. The consumer has an unconditional right to
choose a refund rather than a replacement. If the consumer elects to receive a refund,
and the refund exceeds the amount of the payment for a reasonable offset for use, the
requirement that the consumer pay the reasonable offset for use in advance does not apply,
and the manufacturer shall deduct that amount from the refund due to the consumer. If the
consumer elects a replacement motor vehicle, the manufacturer shall provide the consumer
a substitute motor vehicle to use until such time as the replacement vehicle is delivered to
the consumer. At the time of the refund or replacement, the consumer, lienholder, or lessor
shall furnish to the manufacturer clear title to and possession of the original motor vehicle.
b. Refundsshallbemadetotheconsumerandlienholderofrecord,ifany,astheirinterests
appear. If applicable, refunds shall be made to the lessor and lessee as follows: the lessee
shall receive the lessee’s cost less a reasonable offset for use, and the lessor shall receive the
leasepricelesstheaggregatedepositandrentalpaymentspreviouslypaidtothelessorforthe
leasedvehicle. Ifitisdeterminedthatthelesseeisentitledtoarefundpursuanttothischapter,
the consumer’s lease agreement with the lessor is terminated upon payment of the refund
and no penalty for early termination shall be assessed. The department of revenue shall
refund to the manufacturer any use tax or fee for new registration which the manufacturer
refunded to the consumer, lessee, or lessor under this section, if the manufacturer provides
to the department of revenue a written request for a refund and evidence that the use tax or
fee for new registration was paid when the vehicle was purchased and that the manufacturer
refunded the use tax or fee for new registration to the consumer, lessee, or lessor.
3. a. It is presumed that a reasonable number of attempts have been undertaken to
conform a motor vehicle to the warranty if, during the lemon law rights period, any of the
following occur:
(1) The same nonconformity that substantially impairs the motor vehicle has been subject
to examination or repair at least three times by the manufacturer or its authorized service
agent, plus a final attempt by the manufacturer to repair the motor vehicle if undertaken as
provided for in subsection 1, and such nonconformity continues to exist.
(2) A nonconformity that is likely to cause death or serious bodily injury has been subject
to examination or repair at least one time by the manufacturer or its authorized service agent,
plus a final attempt by the manufacturer to repair the motor vehicle if undertaken as provided
for in subsection 1, and such nonconformity continues to exist.
(3) The motor vehicle has been out of service by reason of repair by the manufacturer,
or its authorized service agent, of one or more nonconformities that substantially impair the
motor vehicle for a cumulative total of thirty or more days, exclusive of down time for routine
maintenance prescribed by the owner’s manual. The thirty-day period may be extended by
any period of time during which repair services are not available to the consumer because of
war, invasion, strike, fire, flood, or natural disaster.
b. The terms of this subsection shall be extended for a period of up to two years after the
dateoftheoriginaldeliveryofamotorvehicletoaconsumer,orthefirsttwenty-fourthousand
miles of operation attributable to a consumer, whichever occurs first, if a nonconformity has
been reported but has not been cured by the manufacturer, or its authorized service agent,
before the expiration of the lemon law rights period.
5 DEFECTIVE MOTOR VEHICLES (LEMON LAW), §322G.6
4. A manufacturer, or its authorized service agent, shall not refuse to examine or repair
any nonconformity for the purpose of avoiding liability under this chapter.