Wyoming
Lemon Law
Title 40, Chapter 17, §101
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Chapter 17, 40-17-101. Definitions;
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 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.