Wyoming lemon law
Discover exactly what is in the Wyoming lemon law...
The Wyoming lemon law
covers vehicles under 10,00 lbs. GVW sold or registered in the state, including
motorcycles.
Like many of the State lemon laws, the Wyoming lemon law makes provision for
3 repair attempts or 30 business days out of service in the first year of ownership
before one can seek to have a vehicle classified as a 'lemon.'
Note: Click here for a
good introduction to the lemon law -- including how it can benefit
you.
The Wyoming lemon law is included below:
Wyoming Lemon Law
Title 40, Chapter 17, §101
Chapter 17, 40-17-101. Definitions; express warranties; duty to make warranty
repairs.
(a) As used in this section:
- (i) "Consumer" means any person:
o (A) Who purchases a motor vehicle, other than for purposes [purpose] of resale,
to which an express warranty applies; or
o (B) To whom a motor vehicle is transferred during the term of an express warranty
applicable to the motor vehicle; or
o (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
lienholder 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.
The Wyoming lemon law helps protect consumers in Wyoming.
