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

  • 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. See Iowa Code 322G.2
  • 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
  • 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. See Iowa Code 322G.2
  • Motor vehicle: means a self-propelled vehicle purchased or leased in this state, except as provided in section 322G. 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
  • Person: means person as defined in section 714. See Iowa Code 322G.2
  • 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 vehicle. 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.