Any of the following is an affirmative defense to a claim under this chapter:
 1. The alleged nonconformity or nonconformities do not substantially impair the motor vehicle.

Terms Used In Iowa Code 322G.5

  • following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
  • 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. See Iowa Code 322G.2
  • 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. See Iowa Code 322G.2
  • Vehicle: means any vehicle as defined in chapter 321. See Iowa Code 321H.2
 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 service agent.
 3. The claim by the consumer was not filed in good faith.
 4. Any other defense allowed by law which may be raised against the claim.