2005 Idaho Code - 48-904 — MANUFACTURER\'S DUTY TO CONSUMERS WITH LEASED VEHICLES

                                  TITLE  48
                        MONOPOLIES AND TRADE PRACTICES
                                  CHAPTER 9
             NEW MOTOR VEHICLE WARRANTIES -- MANUFACTURER'S DUTY
                         TO REPAIR, REFUND OR REPLACE
    48-904.  MANUFACTURER'S DUTY TO CONSUMERS WITH LEASED VEHICLES. A consumer
who leases a new motor vehicle has the same rights against the manufacturer
under this section as a consumer who purchases a new motor vehicle, except
that, if it  is determined that the manufacturer must accept return of the
consumer's leased vehicle pursuant to section 48-903, Idaho Code, then the
consumer lessee is not entitled to a replacement vehicle, but is entitled only
to a refund as provided in this section. In such a case, the consumer's leased
vehicle shall be returned to the manufacturer and the consumer's written lease
with the motor vehicle lessor must be terminated after all charges are
settled. The manufacturer shall provide the consumer with a full refund of all
costs and charges described below less a reasonable allowance for use. The
manufacturer shall provide to the consumer a refund of the pro rata amount of
any down payment paid by the consumer on the written lease. The pro rata
amount of such a refund shall be the amount of the down payment divided by the
number of months of the lease agreement and that amount multiplied by the
number of months remaining after the date of the arbitration. The manufacturer
shall also refund to the consumer amounts identified as additional charges set
forth in section 48-903, Idaho Code, if actually paid by the consumer. The
reasonable allowance for use shall be the lease payments made by the consumer
until the time of the award of a refund. The manufacturer shall provide the
motor vehicle lessor or its assignee with a full refund of the early
termination charges plus the residual value of the vehicle, as specified in
the lease agreement. The amount of any refund by the manufacturer to the
consumer for the pro rata portion of the down payment plus the amount of the
refund to the motor vehicle lessor or its assignee by the manufacturer shall
not exceed one hundred five percent (105%) of the vehicle's original
manufacturer's suggested retail price.