41-3-409.5 - Unbranded certificate of title -- Application requirements -- Recording requirements -- Recurrence of nonconformities.
41-3-409.5. Unbranded certificate of title -- Application requirements -- Recordingrequirements -- Recurrence of nonconformities.
(1) To obtain an unbranded certificate of title to a nonconforming vehicle:
(a) the vehicle must have been originally titled in Utah;
(b) the vehicle must have been originally branded in Utah under Section 41-1a-522; and
(c) the manufacturer must submit to the Motor Vehicle Enforcement Division an originalapplication, completed by the manufacturer, for an unbranded certificate of title that meets therequirements of Subsection (2) and a copy of the application to the owner of the motor vehicleand to the lienholder, if any, shown on the certificate of title.
(2) The form of the application shall be approved by the Motor Vehicle EnforcementDivision and shall include:
(a) the manufacturer's certification that:
(i) all nonconformities listed in the disclosure under Section 41-3-408 are completelycured;
(ii) the manufacturer warrants to all subsequent purchasers that the nonconformities arecured for the greater of:
(A) the remaining balance of the manufacturer's original express warranty period; or
(B) one year from the date of the first subsequent retail sale or lease; and
(iii) the vehicle identification number has not been removed, falsified, altered, defaced, ordestroyed;
(b) a description of the motor vehicle, including its vehicle identification number, make,model, and year of manufacture;
(c) the owner of the motor vehicle and name of the lienholder, if any, shown on thebranded certificate of title; and
(d) a description of the repairs made to cure the nonconformities of the motor vehicle,including how they were made.
(3) If an application for an unbranded certificate of title meets all the requirements of thissection, the Motor Vehicle Enforcement Division shall submit the completed application to theMotor Vehicle Division for issuance of an unbranded title in accordance with Section 41-1a-522.
(4) If a motor vehicle certificate of title is unbranded pursuant to this section and asubsequent purchaser or lessee of the vehicle prevails against a manufacturer in any actioninvolving a nonconformity that was certified as cured pursuant to this section, that purchaser orlessee is entitled to court costs and reasonable attorney's fees.
Enacted by Chapter 175, 1994 General Session