Lemon Law - Wyoming
Lemon Law
Lemon Law - "Lemon
law" is that body of state law which defines an automobile
owners rights when the manufacturer is not able to repair the
automobile within the limits specified. In
such cases, the automobile is referred to as a "lemon",
and is subject to the conditions of the state lemon law.
Your Lemon Law
Disclaimer:
These pages are created to inform and educate the public about lemon
law and under the lemon law in your state. They are not and
should not be considered legal opinions or advice as to whether you
have rights under lemon law or whether you should pursue "a
lemon law case". If after reading this information,
you believe you qualify, you should seek the advice and counsel of
an attorney specializing in lemon law in your state. Remember
that each state's lemon laws vary.
Express warranties; duty to make
warranty repairs.
(a) As used in this section:
(i) "Consumer"
means any person:
(A) Who purchases a motor
vehicle, other than for purposes [purpose] of resale, to which an
express warranty applies; or
(B) To whom a motor vehicle
is transferred during the term of an express warranty applicable to
the motor vehicle; or
(C) Entitled by the terms of
an express warranty applicable to a motor vehicle to enforce it.
(ii) "Motor
vehicle" means every vehicle under ten thousand (10,000) pounds
unladen weight, sold or registered in the state, which is
self-propelled except vehicles moved solely by human power;
(iii) "Reasonable
allowance for consumer's use" means an amount directly
attributable to use of the motor vehicle prior to the first report
of the nonconformity to the manufacturer, agent or dealer and during
any subsequent period when the motor vehicle is not out of service
due to repair;
(iv) "Manufacturers'
express warranty or warranty" means the written warranty, so
labeled, of the manufacturer of a new motor vehicle, including any
terms or conditions precedent to the enforcement of obligations
under warranty.
(b) If a new motor vehicle
does not conform to all applicable express warranties and the
consumer reports the nonconformity to the manufacturer, its agent or
its authorized dealer within one (1) year following the original
delivery of the motor vehicle to the consumer, the manufacturer, its
agent or authorized dealer shall make repairs necessary to conform
the vehicle to the express warranties. The necessary repairs shall
be made even if the one (1) year period has expired.
(c) If the manufacturer, its
agents or authorized dealers are unable to conform the motor vehicle
to any applicable express warranty by repairing or correcting any
defect or condition which substantially impairs the use and fair
market value of the motor vehicle to the consumer after a reasonable
number of attempts, the manufacturer shall:
(i) Replace the motor
vehicle with a new or comparable motor vehicle of the same type and
similarly equipped; or
(ii) Accept return of the
motor vehicle and refund to the consumer and any lien holder as
their interest may appear the full purchase price including all
collateral charges less a reasonable allowance for consumer's use.
(d) It is presumed that a
reasonable number of attempts have been undertaken to conform a
motor vehicle to express warranty if within one (1) year following
the original delivery of the motor vehicle to the consumer,
whichever is later:
(i) The same nonconformity
has been subject to repair more than three (3) times by the
manufacturer, its agents or its authorized dealers and the same
nonconformity continues to exist; or
(ii) The vehicle is out of
service due to repair for a cumulative total of thirty (30) business
days.
(e) Nothing in this section
shall be construed to limit the rights or remedies of a consumer
under any other statute.
(f) Subsection (c) of this
section does not apply to any consumer who has failed to exhaust his
remedies under a manufacturer's informal dispute settlement
procedure if a procedure exists and is in compliance with applicable
federal statute and regulation.
(g) It is an affirmative
defense to any claim under this section that:
(i) An alleged nonconformity
does not substantially impair the use and fair market value of the
motor vehicle; or
(ii) A nonconformity is the
result of abuse, neglect or unauthorized modification or alteration
of a motor vehicle by a consumer.
(h) In no event shall the
presumption herein provided in subsection (d) of this section apply
against a manufacturer unless the manufacturer has received prior
direct written notification from or on behalf of the consumer and
has had a reasonable opportunity to cure the alleged defect.
(j) Any consumer injured by
a violation of this section may bring a civil action to enforce this
section and may recover reasonable attorney's fees from the
manufacturer who issued the express warranty.
