Standards Of The Wyoming Lemon Law
Vehicles Covered
The Wyoming lemon law covers any motor vehicle sold or registered in the state, with an unladen weight of under 10,000 pounds.
Consumers Covered
The lemon law covers the following “consumers”:
- Any person who purchases, other than for purposes of resale, a motor vehicle to which an express warranty applies;
- Any person to whom a motor vehicle is transferred during the term of an express warranty applicable to the motor vehicle; and
- Any person entitled by the terms of an express warranty applicable to a motor vehicle to enforce the warranty. The lemon law appears not to cover a lessee.
Vehicle Converters
Problems Covered
The lemon law covers any defect or condition that substantially impairs the use and fair market value of the motor vehicle to the consumer. This is referred to as a nonconformity.
The Wyoming lemon law provides manufacturers with an affirmative defense if it can be shown that the alleged nonconformity does not substantially impair the use and fair market value of the motor vehicle, or the nonconformity is the result of abuse, neglect or unauthorized modification or alteration of the motor vehicle by a consumer.
Problems Covered
Manufacturer’s Duty To Repair
If a motor vehicle does not conform to all applicable express warranties, and the consumer reports the nonconformity to the manufacturer, its agent or authorized dealer within one year following the motor vehicle’s original delivery to the consumer, then the manufacturer, its agent or authorized dealer must make the necessary repairs to conform the motor vehicle to the express warranties.The necessary repairs must be made even if the one year period has expired.
Manufacturer's Duty To Repurchase Or Replace A Vehicle
If the manufacturer, its agents or authorized dealers are unable to conform the motor vehicle to any express warranty by repairing or correcting a nonconformity after a reasonable number of attempts, then the manufacturer must either replace or repurchase the motor vehicle.
Reasonable Number Of Repair Attempts
The Wyoming lemon law establishes a presumption that a reasonable number of attempts has been undertaken to conform a motor vehicle to the express warranty if, within one year following the motor vehicle’s original delivery to the consumer, either of the following occurs:
- The same nonconformity has been subject to repair more than three times by the manufacturer, its agents or authorized dealers, and the nonconformity continues to exist; or
- The motor vehicle is out of service due to repair for a cumulative total of 30 business days.
Notice And Opportunity To Repair
The presumption that a reasonable number of repair attempts has been undertaken does not 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.
Dispute Resolution
If the manufacturer has established an informal dispute settlement procedure that complies with 16 C.F.R. Part 703, then the provisions requiring refund or replacement do not apply unless the consumer has first resorted to the informal dispute settlement procedure.
Time Period For Filing Claims
Not specified. Assuming that the UCC statute of limitations applies, a claim must be filed with BBB AUTO LINE within four years from the date the alleged defect is discovered.
Remedies Under The Wyoming Lemon Law Repurchase
The Wyoming lemon law sets out the following amounts that a manufacturer must pay when it repurchases a motor vehicle under the lemon law:
- The motor vehicle’s full purchase price; and
- All collateral charges;
- Less a reasonable allowance for the consumer’s use.
Refunds must be made to the consumer and any lienholder as their interests may appear.
The reasonable allowance for use is defined as an amount directly attributable to use of the motor vehicle prior to the first report of the nonconformity to the manufacturer, its agent or dealer, and during any subsequent period when the motor vehicle is not out of service due to repair.
Replacement
The Wyoming State Bar does not certify any lawyer as a specialist or expert. Anyone considering a lawyer should independently investigate the lawyer’s credentials and ability, and not rely upon advertisements or self-proclaimed expertise.
Wyoming Rules of Professional Conduct for Attorneys at Law Rule 7.2(g) (2002).