322G.1 Legislative intent.
The general assembly recognizes that a motor vehicle is a major
consumer acquisition and that a defective motor vehicle undoubtedly
creates a hardship for the consumer. The general assembly further
recognizes that a duly franchised motor vehicle dealer is an authorized
service agent of the manufacturer. It is the intent of the general
assembly that a good faith motor vehicle warranty complaint by a
consumer be resolved by the manufacturer within a specified period of
time. It is further the intent of the general assembly to provide the
statutory procedures whereby a consumer may receive a replacement motor
vehicle, or a full refund, for a motor vehicle which cannot be brought
into conformity with the warranty provided for in this chapter. However,
this chapter does not limit the rights or remedies which are otherwise
available to a consumer under any other law.
As used in this chapter, unless the context otherwise requires:
1. "Collateral charges" means those
additional charges to a consumer wholly incurred as a result of the
acquisition of the motor vehicle. For the purposes of this chapter,
collateral charges include, but are not limited to, charges for
manufacturer-installed or agent-installed items, earned finance charges,
use taxes, and title charges.
2. "Condition" means a general
problem that may be attributable to a defect in more than one part.
3. "Consumer" means the purchaser or
lessee, other than for purposes of lease or resale, of a new or
previously untitled motor vehicle, or any other person entitled by the
terms of the warranty to enforce the obligations of the warranty during
the duration of the lemon law rights period.
4. "Days" means calendar days.
5. "Department" means the attorney
6. "Incidental charges" means those
reasonable costs incurred by the consumer, including, but not limited
to, towing charges and the costs of obtaining alternative
transportation, which are the direct result of the nonconformity or
nonconformities which are the subject of the claim. Incidental charges
do not include loss of use, loss of income, or personal injury claims.
7. "Lease price" means the aggregate
of the following:
a. Lessor's actual purchase costs.
b. Collateral charges, if applicable.
c. Any fee paid to another to obtain the
d. Any insurance or other costs expended by
the lessor for the benefit of the lessee.
e. An amount equal to state and local use
taxes, not otherwise included as collateral charges, paid by the lessor
when the vehicle was initially purchased.
f. An amount equal to five percent of the
lessor's actual purchase cost.
8. "Lemon law rights period" means
the term of the manufacturer's written warranty, the period ending two
years after the date of the original delivery of a motor vehicle to a
consumer, or the first twenty-four thousand miles of operation
attributable to a consumer, whichever expires first.
9. "Lessee" means any consumer who
leases a motor vehicle for one year or more pursuant to a written lease
agreement which provides that the lessee is responsible for repairs to
the motor vehicle.
10. "Lessee cost" means the
aggregate of the deposit and rental payments previously paid to the
lessor for the leased vehicle.
11. "Lessor" means a person who
holds the title to a motor vehicle leased to a lessee under a written
lease agreement or who holds the lessor's rights under the agreement.
12. "Manufacturer" means a person
engaged in the business of constructing or assembling new motor vehicles
or installing on previously assembled vehicle chassis special bodies or
equipment which, when installed, form an integral part of the new motor
vehicle, or a person engaged in the business of importing new motor
vehicles into the United States for the purpose of selling or
distributing the new motor vehicles to new motor vehicle dealers.
13. "Motor vehicle" means a
self-propelled vehicle purchased or leased in this state, except as
provided in section 322G.15, and primarily designed for the
transportation of persons or property over public streets and highways,
but does not include mopeds, motorcycles, motor homes, or vehicles over
ten thousand pounds gross vehicle weight rating.
14. "Nonconformity" means a defect,
malfunction, or condition in a motor vehicle such that the vehicle fails
to conform to the warranty, but does not include a defect, malfunction,
or condition that results from an accident, abuse, neglect,
modification, or alteration of the motor vehicle by persons other than
the manufacturer or its authorized service agent.
15. "Person" means person as
defined in section 714.16.
16. "Program" means an informal
dispute settlement procedure established by a manufacturer which
mediates and arbitrates motor vehicle warranty disputes arising in this
17. "Purchase price" means the cash
price paid for the motor vehicle appearing in the sales agreement or
contract, including any net allowance given for a trade-in vehicle.
18. "Reasonable offset for use"
means the number of miles attributable to a consumer up to the date of
the third attempt to repair the same nonconformity which is the subject
of the claim, or the first attempt to repair a nonconformity that is
likely to cause death or serious bodily injury, or the twentieth
cumulative day when the vehicle is out of service by reason of repair of
one or more nonconformities, whichever occurs first, multiplied by the
purchase price of the vehicle, or in the event of a leased vehicle, the
lessor's actual lease price plus an amount equal to two percent of the
purchase price, and divided by one hundred twenty thousand.
19. "Replacement motor vehicle"
means a motor vehicle which is identical or reasonably equivalent to the
motor vehicle to be replaced, and as the motor vehicle to be replaced
would have existed without the nonconformity at the time of original
20. "Substantially impair" means to
render the motor vehicle unfit, unreliable, or unsafe for warranted or
ordinary use, or to significantly diminish the value of the motor
21. "Warranty" means any written
warranty issued by the manufacturer; or any affirmation of fact or
promise made by the manufacturer, excluding statements made by the
dealer, in connection with the sale or lease of a motor vehicle to a
consumer, which relates to the nature of the material or workmanship and
affirms or promises that the material or workmanship is free of defects
or will meet a specified level of performance.
322G.3 Duties of manufacturer.
1. At the time of the consumer's purchase or lease of the vehicle,
the manufacturer shall provide to the consumer a written statement that
explains the consumer's rights and obligations under this chapter. The
written statement shall be prepared by the attorney general and shall
contain a telephone number that the consumer can use to obtain
information from the attorney general regarding the rights and
obligations provided under this chapter.
2. At the time of the consumer's purchase or lease of
the vehicle, the manufacturer shall provide to the consumer the address
and phone number for the zone, district, or regional office of the
manufacturer for this state where a claim may be filed by the consumer.
This information shall be provided to the consumer in a clear and
conspicuous manner. Within thirty days of the introduction of a new
model year for each make and model of motor vehicle sold in this state,
the manufacturer shall notify the attorney general of such introduction.
The manufacturer shall also inform the attorney general that a copy of
the owner's manual and applicable written warranties shall be provided
upon request and provide information as to where the request should be
made. The manufacturer shall inform the attorney general where such a
request should be directed and shall provide the copy of the owner's
manual and applicable written warranties within five business days of a
request by the attorney general.
3. A manufacturer or the authorized service agent of
the manufacturer shall make repairs as necessary to conform the vehicle
to the warranty if a motor vehicle does not conform to the warranty and
the consumer reports the nonconformity to the manufacturer or authorized
service agent during the lemon law rights period. Such repairs shall be
made irrespective of whether they can be made prior to the expiration of
the lemon law rights period.
4. A manufacturer or the authorized service agent of
the manufacturer, shall provide to the consumer, each time the motor
vehicle is returned after being examined or repaired under the warranty,
a fully itemized, legible statement or repair order indicating any
diagnosis made, and all work performed on the motor vehicle including,
but not limited to, a general description of the problem reported by the
consumer or an identification of the defect or condition, parts and
labor, the date and the odometer reading when the motor vehicle was
submitted for examination or repair, and the date when the repair or
examination was completed.
5. Upon request from the consumer, the manufacturer,
or the authorized service agent of the manufacturer, shall provide a
copy of either or both of the following:
a. Any report or printout of any diagnostic
computer operation compiled by the manufacturer or authorized service
agent regarding an inspection or diagnosis of the motor vehicle.
b. A copy of any technical service bulletin
issued by the manufacturer regarding the year and model of the motor
vehicle as it pertains to any material, feature, component, or the
performance of the motor vehicle.
322G.4 Nonconformity of motor vehicles.
1. 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
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
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
2. 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
Refunds shall be made to the consumer and lienholder of record, if
any, as their interests 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
lease price less the aggregate deposit and rental payments previously
paid to the lessor for the leased vehicle. If it is determined that the
lessee is entitled to a refund pursuant to this chapter, 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 and finance shall refund to the manufacturer any use tax
which the manufacturer refunded to the consumer, lessee, or lessor under
this section, if the manufacturer provides to the department of revenue
and finance a written request for a refund and evidence that the use tax
was paid when the vehicle was purchased and that the manufacturer
refunded the use tax to the consumer, lessee, or lessor.
3. 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:
a. 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.
b. 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.
c. 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.
The terms of this subsection shall be extended for a period of up to
two years after the date of the original delivery of a motor vehicle to
a consumer, or the first twenty-four thousand 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
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.
322G.5 Affirmative defenses.
Any of the following is an affirmative defense to a claim under this
1. The alleged nonconformity or nonconformities do
not substantially impair the motor vehicle.
2. A nonconformity is the result of an accident,
abuse, neglect, or unauthorized modification or alteration of the motor
vehicle by a person other than the manufacturer or its authorized
3. The claim by the consumer was not filed in good
4. Any other defense allowed by law which may be
raised against the claim.
322G.6 Informal dispute settlement procedures---operations and
1. At the time of the consumer's purchase or lease of the vehicle, a
manufacturer who has established a program certified pursuant to this
section shall, at a minimum, clearly and conspicuously disclose to the
consumer in written materials accompanying the vehicle how and where to
file a claim with the program.
2. A certified program shall be funded and
competently staffed at a level sufficient to ensure fair and expeditious
resolution of all disputes, and shall not charge consumers any fee for
use of the program. The manufacturer shall take all steps necessary to
ensure that a certified program and its staff and decision makers are
sufficiently insulated from the manufacturer so that the performance of
the staff and the decisions of the decision makers are not influenced by
the manufacturer. Such steps, at a minimum, shall ensure that the
manufacturer does not make decisions on whether a consumer's dispute
proceeds to the decision maker. Staff and decision makers of a certified
program shall be trained in the provisions of this chapter and rules
adopted under this chapter.
3. A certified program shall allow an oral
presentation by a party, or by a party's employee, agent, or
Within five days following the consumer's notification to the
certified program of the dispute, the program shall inform each party of
their right to make an oral presentation.
Meetings of a certified program to hear and decide disputes shall be
open to observers, including either party to the dispute, on reasonable
and nondiscriminatory terms.
4. A certified program shall render a decision no
later than sixty days from the day of the consumer's notification of the
dispute, provided that a significant number of decisions are rendered
within forty days. For the purposes of this section, notification is
deemed to have occurred when a certified program has received the
consumer's name and address; the current date and the date of the
original delivery of the motor vehicle to a consumer; the year, make,
model, and identification number of the motor vehicle; and a description
of the nonconformity. If the consumer has not previously notified the
manufacturer of the nonconformity, the sixty-day period is extended for
an additional seven days.
5. A certified program shall, in rendering decisions,
take into account the provisions of this chapter and all legal and
equitable factors germane to a fair and just decision. The decision
shall disclose to the consumer and the manufacturer the reasons for the
decision, and the manufacturer's required actions, if applicable. If the
decision is in favor of the consumer, the consumer shall have up to
twenty-five days from the date of receipt of the certified program's
decision to indicate acceptance of the decision. The decision shall
prescribe a reasonable period of time, not to exceed thirty days from
the date the consumer notifies the manufacturer of acceptance of the
decision, within which the manufacturer must fulfill the terms of the
decision. If the manufacturer has had a reasonable number of attempts to
conform a motor vehicle to the warranty as set forth in section 322G.4,
subsection 3, including a final attempt by the manufacturer to repair
the motor vehicle, if undertaken as provided for in section 322G.4,
subsection 1, and the consumer is entitled to a replacement vehicle or a
refund under section 322G.4, subsection 2, the decision shall be limited
to relief as allowed under section 322G.4, subsection 2. In an action
brought by a consumer under this chapter, the decision of a certified
program is admissible in evidence.
6. A certified program shall establish written
procedures which explain operation of the certified program. Copies of
the written procedures shall be made available to any person upon
request and shall be sent to the consumer upon notification of the
7. A certified program shall retain all records for
each dispute for at least four years after the final disposition of the
dispute. A certified program shall have an independent audit conducted
annually to determine whether the manufacturer and its performance and
the program and its implementation are in compliance with this chapter.
All records for each dispute shall be available for the audit. Such
audit, upon completion, shall be forwarded to the attorney general.
8. Any manufacturer licensed to sell motor vehicles
in this state may apply to the attorney general for certification of its
program. A manufacturer seeking certification of its program in this
state shall submit to the attorney general an application for
certification on a form prescribed by the attorney general.
9. A program certified in this state or a program
established by a manufacturer applying for certification in this state
shall submit to the attorney general a copy of each settlement approved
by the program or decision made by the decision maker within thirty days
after the settlement is reached or the decision is rendered. The
decision or settlement shall contain information prescribed by the
10. The attorney general shall review the operations
of any certified program at least once annually. The attorney general
shall prepare annual and periodic reports evaluating the operation of
certified programs serving consumers in this state or programs
established by motor vehicle manufacturers applying for certification in
this state. The reports shall indicate whether certification should be
granted, renewed, denied, or revoked.
11. If a manufacturer has established a program
which the attorney general has certified as substantially complying with
the provisions of and the rules adopted under this chapter, and has
informed the consumer how and where to file a claim with the program
pursuant to subsection 1, the provisions of section 322G.4, subsection
2, do not apply to any consumer who has not first resorted to the
322G.7 Informal dispute settlement procedure---certification
To facilitate uniform application, interpretation, and enforcement of
this section and section 322G.6, and in implementing rules adopted
pursuant to section 322G.14, the attorney general may cooperate with
agencies that perform similar functions in any other states that enact
these or similar sections. The cooperation authorized by this subsection
may include any of the following:
1. Establishing a central depository for copies of
all applications and accompanying materials submitted by manufacturers
for certification, and all reports prepared, notices issued, and
determinations made by the attorney general under section 322G.6.
2. Sharing and exchanging information, documents, and
records pertaining to program operations.
3. Sharing personnel to perform joint reviews,
surveys, and investigations of program operations.
4. Preparing joint reports evaluating program
5. Granting joint certifications and certification
6. Issuing joint denials or revocations of
7. Holding a joint administrative hearing.
8. Formulating, in accordance with chapter 17A, the
administrative procedure Act, rules or proposed rules on matters such as
guidelines, forms, statements of policy, interpretative opinions, and
any other information necessary to implement section 322G.6.
322G.8 Consumer remedies.
1. If a consumer resorts to a manufacturer's certified program and a
decision is not rendered within the time periods allowed in this
chapter, or a manufacturer has no certified program and the consumer has
notified the manufacturer pursuant to section 322G.4, subsection 1, the
consumer may file an action in district court under this chapter within
one year from the expiration of the lemon law rights period or an
extension of the period pursuant to section 322G.4, subsection 3.
2. If a consumer resorts to a manufacturer's
certified program and is not satisfied with the performance of the
manufacturer as ordered in the decision, or the manufacturer does not
perform as directed by the decision within the time period specified in
the decision, the consumer may file an action in district court under
this chapter within six months after the date prescribed in the decision
by which the manufacturer must fulfill the terms of the decision. If the
consumer declines to accept the decision of the manufacturer's certified
program, the consumer may appeal the decision pursuant to subsection 4.
For purposes of this subsection, "not satisfied with the
performance of the decision" means, following the consumer's
acceptance of the decision, the consumer indicates that the manufacturer
failed to comply with the terms of the decision within the time
specified in the decision or failed to cure the nonconformity within the
time specified in the decision if further repairs were ordered.
3. In an action under either subsection 1 or 2, the
court shall award a consumer who prevails the amount of any pecuniary
loss, including relief the consumer is entitled to under section 322G.4,
subsection 2, reasonable attorney's fees, and costs. In addition, if the
court affirms the decision of the certified program, the court may award
any additional amounts allowed under subsection 7.
4. A certified program's decision is final unless
appealed by either party. A petition to the district court to appeal a
decision must be made within fifty days after receipt of the decision or
within twenty-five days from the date the consumer indicates acceptance
of the decision to the manufacturer, whichever occurs first. Within
seven days after the petition has been filed, the appealing party must
send, by certified, registered, or express mail, a copy of the petition
to the attorney general. If the attorney general receives no notice of
the petition within sixty days after the manufacturer's receipt of a
decision in favor of the consumer, and the consumer has indicated
acceptance of the decision within the twenty-five days of receipt of the
decision, but the manufacturer has neither complied with, nor petitioned
to appeal the decision, the attorney general may apply to the court to
impose a fine up to one thousand dollars per day against the
manufacturer until the amount stands at twice the purchase price of the
motor vehicle, unless the manufacturer provides clear and convincing
evidence that the delay or failure was beyond its control or was
acceptable to the consumer as evidenced by a written statement signed by
the consumer. If the manufacturer fails to provide such evidence or
fails to pay the fine, the attorney general shall initiate proceedings
against the manufacturer for failure to pay the fine. The proceeds from
the fine imposed shall be placed in the attorney general's motor vehicle
fraud and odometer law enforcement fund for implementation and
enforcement of this chapter.
5. If the manufacturer fails to comply with a
decision which has been timely accepted by the consumer or fails to file
a timely petition for appeal, the court shall affirm the board's
decision upon application by the consumer.
6. An appeal of a decision by a certified program to
the court by a consumer or a manufacturer shall be tried de novo, and
may be based upon stipulated facts. In a written petition to appeal a
decision by the board, the appealing party must state the action
requested and the grounds relied upon for appeal.
7. If a decision of the certified program in favor of
the consumer is affirmed or upheld by the court, recovery by the
consumer shall include the pecuniary value of the award, including
relief the consumer is entitled to under section 322G.4, subsection 2,
attorney's fees incurred in obtaining confirmation of the award, and all
costs and continuing damages in an amount of twenty-five dollars per day
for all days beyond the twenty-five-day period following the
manufacturer's receipt of the consumer's acceptance of the certified
program's decision. If a court determines that a manufacturer filed a
petition for appeal to be tried de novo in bad faith or brought such an
appeal solely for the purpose of harassment, the court shall double, and
may triple, the amount of the total award, after consideration of all
8. Appellate review of a court decision in favor of
the consumer may be conditioned upon payment by the manufacturer of the
consumer's attorney's fees and giving security for costs and expenses
resulting from the review period.
9. This chapter does not prohibit a consumer from
pursuing other rights or remedies under any other law.
322G.9 Compliance and disciplinary action.
The attorney general may enforce and ensure compliance with the
provisions of this chapter and rules adopted pursuant to section
322G.14, may issue subpoenas requiring the attendance of witnesses and
the production of evidence, and may petition any court having
jurisdiction to compel compliance with the subpoenas. The attorney
general may levy and collect an administrative fine in an amount not to
exceed one thousand dollars for each violation against any manufacturer
found to be in violation of this chapter or rules adopted pursuant to
section 322G.14. A manufacturer may request a hearing pursuant to
chapter 17A, the administrative procedure Act, if the manufacturer
contests the fine levied against it. The proceeds from any fine levied
and collected pursuant to this section shall be placed in the attorney
general's motor vehicle fraud and odometer law enforcement fund for
implementation and enforcement of this chapter.
322G.10 Unfair or deceptive trade practice.
A violation by a manufacturer of this chapter is an unfair or
deceptive trade practice in violation of section 714.16, subsection 2,
322G.11 Dealer liability.
This chapter, except for the requirements of section 322G.12, does
not impose any liability on a franchised motor vehicle dealer or create
a cause of action by a consumer against a dealer. A dealer shall not be
made a party defendant in any action involving or relating to this
chapter, except as provided in this section. 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 pursuant to this chapter, in the absence of
a finding by a court that the related repairs had been carried out by
the dealer in a manner substantially inconsistent with the
manufacturer's published instructions. A manufacturer who is found by a
court to have improperly charged back a dealer because of a violation of
this section is liable to the injured dealer for full reimbursement plus
reasonable costs and any attorney's fees.
322G.12 Resale of returned vehicles.
Subsequent to December 31, 1991, a manufacturer who accepts the
return of a motor vehicle pursuant to a settlement, determination, or
decision under this chapter shall notify the state department of
transportation and report the vehicle identification number of that
motor vehicle within ten days after the acceptance. The state department
of transportation shall note the fact that the motor vehicle was
returned pursuant to this chapter on the title for the motor vehicle. A
person shall not knowingly lease; or sell, either at wholesale or
retail; or transfer a title to a motor vehicle returned by reason of a
settlement, determination, or decision pursuant to this chapter or a
similar statute of any other state unless the nature of the
nonconformity is clearly and conspicuously disclosed to the prospective
transferee, lessee, or buyer. The attorney general shall prescribe by
rule the form, content, and procedure pertaining to such a disclosure
statement, recognizing the need of manufacturers to implement a uniform
disclosure form. The manufacturer shall make a reasonable effort to
ensure that such disclosure is made to the first subsequent retail buyer
or lessee. For purposes of this subsection, "settlement"
includes an agreement entered into between the manufacturer and the
consumer that occurs after the dispute has been submitted to a
state-operated dispute resolution program or to a
manufacturer-established program certified in this or any other state,
but does not include agreements reached in informal proceedings prior to
the first written or oral presentation to the state- operated or
state-certified dispute resolution program by either party. "Settlement"
also includes an agreement entered into between a manufacturer and a
consumer that occurs after the dispute has been submitted to a dispute
resolution program that is not state-operated or state-certified.
322G.13 Certain agreements void.
Any agreement entered into by a consumer that waives, limits, or
disclaims the rights set forth in this chapter is void as contrary to
322G.14 Rulemaking authority.
1. The attorney general shall adopt rules as necessary to implement
2. In prescribing rules and forms under this chapter,
the attorney general may cooperate with agencies that perform similar
functions in other states with a view to effectuating the policy of this
chapter to achieve maximum uniformity in the form and content of
certification, regulation, and procedural evaluation of
manufacturer-established programs, required recordkeeping, required
reporting wherever practicable, and required notices to consumers.
This chapter applies to motor vehicles originally purchased or leased
in this state by consumers on or after July 1, 1991. Except for section
322G.3, subsections 1 and 2, and section 322G.6, subsection 1, this
chapter applies to motor vehicles originally purchased or leased in
other states, if the consumer is a resident of this state at the time
the consumer's rights are asserted under this chapter. Section 322G.14,
which concerns rulemaking, shall take effect May 9, 1991.